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NOL and deceased spouse

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    #1

    NOL and deceased spouse

    I know most of us are brain dead but someone might have an answer.
    Widowed taxpayer has NOL for 2010. Wants to carryback to 2008. She was married in 2008 when most of the income was husband's. Husband died in 2009. Community property state. As i read the rules she carries back the loss to only half of the income. Any balance can apply to 2009. Does this seem correct? Also, on the 1040X to amend 2008 is marital status married? single? I don't find any guidance on this.
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    #2
    Don't Have

    all the answers. But if the marital status was legitimately joint on the 1040X it cannot change to any other status. Subsequent loss of life, spouse, or divorce has nothing to do with 2008.

    I am also surprised if you are allowed to only claim half the loss in 2008. This is the first I have heard of this, but you could be right.

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