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If you file separate returns, you and your spouse each must attach your Form 8958 to your Form 1040 If a taxpayer wants to forego and decided not to report Form 8958, then should he file a paper return? Will there be a penalty for failure to file the form?

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John Stancil
By not filing Form 8958 the IRS may adjust the incomes based on the way it is reported on the W-2, 1099's or other documents. It is simply an explanation of how the incomes are allocated under the state community property laws. File the 8958 and avoid any hassle with the IRS.
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