My wife passed we never filed together and she owes back taxes can i claim her this year or will the irs go for back taxes from her? money she owed was before we married...

[TomD8 · Accepted solution]

On a joint return, you can protect your portion of any refund by filing Form 8379, Injured Spouse Allocation.  Here's how: https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

If your wife died in 2016, you can still file a joint 2016 return.

[emmmypemmydemmy1]

I submitted form 8379 with our joint return the year my husband passed. It appears the IRS took my portion of the allocated refund to pay the tax debt he had before we married. I thought the 8379 would protect my refund but it doesnt appear so. Do the rules change if the spouse is deceased ?

I know they will still go after his estate, but can they also take the injured spouse first? I thought the 8379 protected me. 

[emmmypemmydemmy1]

How did you make out when you filed joint taxes? I was in same situation. Husband owed back taxes from before we married so we always filed separate til he passed. Then i filed jointly the year he passed in 2020 with a 8379 form thinking it would protect my refund. But IRS kept it. I may have to see a lawyer now.

Were you give incorrect adive to filing status? Did IRS protect your refund?