Injured Spouse
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Elderly couple with basic SSA and husband's retirement income. Wife owed back taxes. On prior returns husband filed Injured Spouse form and received part of the refunds, with the balance being garnished by the IRS. Husband died in July 2007. Should I file the Injured Spouse form for the final time as the husband would have been entitled to a portion of the refund? Is this feasible now that he is deceased? Or will the IRS keep the refunds either way since wife still has a tax obligation? I just thought that since the refund consists of mostly the husband's retirement income and taxes withheld while he was still alive --- that maybe he (his widow) would still be entitled. What do you think? Please help.
Answer
Husband would be entitled to injured spouse relief right up to the day he died. Any refund considered his would be sent to him even though he is not still alive to receive it. He was alive when he earned his refund.
Answer
although you could still use the injured spouse you need to practice ethics also
