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kirbysteph81
July 20, 2023
Question

Injured Spouse denied-Community Property State

  • July 20, 2023
  • 1 reply
  • 0 views

I live in Texas a community property state and my current husband owes taxes dating back to 2013.  For tax year 2021 I filed joint taxes with the  injured spouse claim and the IRS still applied all of the refund to my husband's tax debt for 2013 & 2014 stating the community property code.  How is this possible since I was married to a different spouse and filed joint return in 2013 & 2014 for those tax years.  Is this legal? Is this double taxation?  

 

Please help with this.

 

Thanks

Searcing for answers

1 reply

D
dmertz
Employee
July 20, 2023

Assuming that the relevant Texas law has not changed since 2002 when this advice was issued, IRS Chief Council Advice 200225002 appears to apply.

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