Killed his wife. Can he still file a joint return? Actually happened with one of my client's. I can't think of anything stopping him from filing a joint return in 2008.
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Last edited by BOB W; 01-03-2009, 10:57 AM.This post is for discussion purposes only and should be verified with other sources before actual use.
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Deleted.............................Last edited by BOB W; 01-03-2009, 03:54 PM.This post is for discussion purposes only and should be verified with other sources before actual use.
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Larmil is on target.
ยง6013(a)(3)
(3) in the case of death of one spouse or both spouses the joint return with respect to the decedent may be made ONLY by his executor or administrator; except that in the case of the death of one spouse the joint return may be made by the surviving spouse with respect to both himself and the decedent if no return for the taxable year has been made by the decedent, no executor or administrator has been appointed, and no executor or administrator is appointed before the last day prescribed by law for filing the return of the surviving spouse. If an executor or administrator of the decedent is appointed after the making of the joint return by the surviving spouse, the executor or administrator may disaffirm such joint return by making, within 1 year after the last day prescribed by law for filing the return of the surviving spouse, a separate return for the taxable year of the decedent with respect to which the joint return was made, in which case the return made by the survivor shall constitute his separate return.Comment
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Thanks NYEA and Larmil for your replies. Somehow, it doesn't seem right for the murderer to get a tax benefit by filing MFJ.This post is for discussion purposes only and should be verified with other sources before actual use.
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I'd be concerned about how to handle this if I were the executor (or administrator). He's already demonstrated his willingness to kill someone, so is it worth getting on his bad side to penalize him a few hundred dollars in tax benefits? After all, even murderers eventually come up for parole."The only function of economic forecasting is to make astrology look respectful" - John Kenneth GalbraithComment
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Puzzled
The man killed his wife and yet their grown son is still willing to live with him and the courts have not taken his minor daughter away from him. The man is apparently free or at worst under house arrest. The fact that he is not his wife's executor suggests that the court knows he killed her or at the very least thinks he may have. The other facts suggest to me that there are extenuating circumstances of one sort or another. Bob can you provide more information?Last edited by erchess; 01-03-2009, 01:43 PM.Comment
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Ok I Deleted The Details..................Last edited by BOB W; 01-03-2009, 03:52 PM.This post is for discussion purposes only and should be verified with other sources before actual use.
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So if the son authorizes a joint filing and if the husband is truly remorseful, then there's at least a chance that a portion of the refund (if any) might actually go to help support the 16 year-old. It is a sad story, but one which is repeated all to often in some form or another."The only function of economic forecasting is to make astrology look respectful" - John Kenneth GalbraithComment
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So who provided over half of the sixteen year old's support, Mom and Dad or the brother?Comment
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Last edited by BOB W; 01-04-2009, 11:11 AM.This post is for discussion purposes only and should be verified with other sources before actual use.
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