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The IRS may see that differently.


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the IRS sees it differently.

I don’t think that is the way the IRS views things.

It would make a difference to the IRS, wouldn’t it?

The IRS might look at this strategy differently, and they might have more resources than your (ex) partner.

That doesn't mean the IRS won't take you to court to change the interpretation. Proceed with caution..

I don't think the IRS would be impressed with that logic.

You may want to take the IRS seriously...

That's not the IRS's problem.

This. Not my finest wording, but as an unbiased observer, that is how it looks. And you can be sure that if the IRS is going to be biased, it sure as hell isn't going to be in your favor.

But but that doesn't fit the narrative the IRS is peddling.

Yes, in any regard that matters. The IRS cannot just decide to start doing this. They have to follow the law.

The IRS?

Your interpretation makes sense to me. However, the problem is that the IRS didn't actually state that in their limited guidance.

Couldn’t this involve the IRS as well?

The IRS is wrong.

You seem certain that the IRS has never considered this possibility before.

It matters though because they didn't change their designation before acting differently, which would make them liable. Not sure to whom they'd be liable though, other than the IRS.

Yes, its possible, and, yes, they actually do. And the IRS is fine with it.

Can't promise the IRS would see it that way. This is just something I'm not sure about, but my wife was an immigrant to the US and they weren't shy about asking her about foreign assets.
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