How to calculate injured spouse amount in a community property state?

[katebirge425]

We live in NV, a community property state. I plan on filing injured spouse with the return but I was wondering how I can figure out how much I will get back. My husband owes back taxes from before we were married. We have no property or anything like that. I have 34k in income and he had 6k and we have one child. 

[KittyM · Accepted solution]

When filing for injured spouse in a community property state, everything gets divided 50/50.  You can (and should) make a tentative allocation of the items on your return (since you have the greater income, allocate your child to you), but only the IRS can determine how much of the refund is attributable to you and how much to your spouse.

[katebirge425]

Thank you so much for the reply. Can you give me an example of how I would allocate my child/other items to me? Thank you so much