Form 8958, Allocation of Tax Amounts in CP States

My client is filing MFS and is a Texas resident.  There is a pre-nup specifying that all property is separate property, there is no community property.

 On the new Form 8958, Proseries has a question, "Important, are allocated community property amounts reported on this return?"  I answered no.  End of story.  No errors. No Form 8958 printing.  Too good to be true?? (This is actually my preferred answer, but between the IRS and ProSeries, I'm used to things being difficult.)  If it matters, this taxpayer is paper filing.

Neither the form 8958 instructions, nor publication 555, Community Property are helpful.

Has anyone else filed MFS in a Community Property state and NOT filed Form 8958?  I just want to avoid any IRS correspondence on this return.


Can I raise my hand? I have seen community property splits forced in an audit.  I have never understod it since MFJ or the split almost always benefits the taxpayers.  Sometimes one more than the other, but hopefully they have been able to work out something between them.

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