@CindyKR
With regard to 2022, it doesn't matter. Technically I think you are correct, but it would not have changed the taxes owed. Even if the wages paid after death were included in the W-2 for social security and medicare tax (boxes 3-6) but not as taxable wages (box 1) and were instead reported on a 1099-MISC in box 3, the federal taxes owed at the end of the year on joint return will be calculated based on his total income, your total income, and all your combined deductions and credits. The 1099-MISC income is still subject to federal income tax. The only difference (had the employer done it exactly correctly) would be that there would have been little less withholding in his W-2 box 2, but the taxable income would have been the same, meaning you would have owed a little more or gotten a smaller refund when you filed.
Pushing this issue and getting a corrected W-2 and 1099-MISC will mean you have to file an amended 2022 tax return but it won't change the tax owed or refund amount by a penny.
For 2023, the situation is slightly different, and if you report the W-2 as-is and don't get it corrected, you would lose out on the social security and medicare tax, however much that is.
