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Carmel Indiana Form Instructions 8379: What You Should Know
The injured party on a jointly filed tax return would do the following: 1. Fill out the form and send to the Office of the Chief Counsel. 2. Check the box indicating whether “I am an injured person” on line 13. Do not check “I have been married and filed a joint return with my spouse” if you were still legally married when the death occurred. 3. Check the box indicating whether you are filing a Form 2848, Claim of Spouse as Injured Spouse. Do not check I am an innocent party” if you were not married (but still have children in school) at the time of the loss of your spouse's job. 4. Check the “I have been married and filed a joint return with my spouse” box if you are filing a joint return and want to allocate your taxes and share of federal income taxes withheld in connection with the death of the other spouse to the other spouse, and you will not claim a spouse and children credit. The Form 2848 box is checked whenever one spouse is dead and another spouse is not yet married. 5. Make sure to note when you send or mail your amended joint return. Do not send a copy of this form to the Office of the Chief Counsel. 6. Add the form to line 13 of Form 8379. Add any amount required to cover (plus any taxes withheld by the other spouse) to the joint return and/or amended return. Then check the box indicating the amount of your share of the overpayment (and/or refund). You will also need to indicate which spouse is a beneficiary on the other spouse's joint tax return for the purposes of this allocation. 6. Check the box to indicate that you are the injured party on the amended Return. 7. Add the Form 8379 to line 14 of Form 8379. 8. Add the Form 1040 and/or Form 1120, line 3, column 1 and line 14 (if you made a change to your credit) to that line. If your modified return is not yet due for assessment, do not add those.
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