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Thank you so much for your response! My question was: What is the consequence if splitting is not desired and only 1 spouse submitted 709 for the full amount she gifted from her earnings to their son, and the other spouse did not submit 709 for half that amount.  

 

(Though it is from her earnings and separate account and they file taxes as married filing separately, I guess it may still be considered community property as they are still legally married)