Spouses and Gambling Liabilities

For married clients, or a former spouse facing a bill from the other spouse’s gambling.

Step 1 Joint return or separate

On a joint return the spouses’ gains and losses are combined; on separate returns each deducts only his or her own losses. Each signer of a joint return is liable for the whole tax.

Leading cases

All 8 authorities on Spouses and innocent spouse relief →

Step 2 Innocent spouse relief

Evaluate relief under Section 6015(b), (c) and (f). Knowledge of the other spouse’s gambling or W-2Gs is usually decisive; equitable relief may remain.

Leading cases

All 8 authorities on Spouses and innocent spouse relief →

Step 3 Concealed compulsive gambling

Compulsive gambling does not change the tax, but concealment by the gambling spouse may support equitable relief for the other.

Leading cases

All 20 authorities on Compulsive gamblers →

In the treatise: Chapter 36 · Chapter 37

All pathways · Research Guide · Treatise

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