Discussion Archives:Form 1045 - MFS to MFJ year

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Discussion Forum Index --> Advanced Tax Questions --> Form 1045 - MFS to MFJ year


Discussion Forum Index --> Tax Questions --> Form 1045 - MFS to MFJ year

Supdat (talk|edits) said:

25 August 2010
Hello. I am preparing a return for a client, filing MFS for 2009, MFJ for 2006, 2007 and 2008. Client has section 1256 loss carryback claim, for which we are filng Form 1045. The issue is that the client wants the refund check issued in his name only, and not to he and his soon-to-be ex-wife in their joint names. The losses in 2009 were all his, and the section 1256 income in the carryback years was all his (his wife does not trade futures).

Form 1045 asks for the spouses social security number, and information on what years were separate and what years were joint filing years. In addition, Publication 536 for 2009 indicates to "treat a seperate carryback as a joint carry back (p 10)." These both imply to me that, even if my client files MFS for 2009, the refund check will be issued in their joint names.

Does anyone know whether the refund check would be issued in my client's individual name or in their joint names in this situation?

Kevinh5 (talk|edits) said:

25 August 2010
we just (within the last 3 weeks) had this very discussion

Kevinh5 (talk|edits) said:

25 August 2010
or so I thought

DaveFogel (talk|edits) said:

25 August 2010
Discussion: MFS NOL amending MFJ return in CA

Supdat (talk|edits) said:

26 August 2010
Thanks Dave, that discussion referred to Rev. Rul. 75-368, which seems to be on point.
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