Hi, I am looking for an answer to jerryrw's question. We have a unique situation. We are still technically married but separated long enough to qualify as unmarried according to IRS rules, we lived apart and I pay maintenance. My ex-spouse can file as head of household and I can file as single or possibly HOH (nevermind that last part). I ran the taxes many ways. We have capital gains from a joint account that are significant, since I make more I pay 15% on the capital gains, my ex-spouse makes less and qualifies for 0% tax on capital gains. We would like to put all of the capital gains in her return, we live in Illinois, not a community property law state. Is this permissible, to all the capital gains from a joint account to the person that has a lower tax rate?
