The IRS has denied my injuried spouse refund with no explaination.?

Question

They stated that I was not entitled to any additional refund, but I never got one to begin with. When I called they said that they could not help me, any suggestions?

Answer 1

First item of importance:  log all calls to and from IRS with date, name, employee ID# and gist of the conversation.  

Now call back.  You are entitled to an explanation.  If the first person doesn't give it willingly, ask for a supervisor.  If you still don't get an adequate explanation, again ask to be bumped up a level.  Third level people are usually knowledgeable.

I've found it helpful when the person first takes your call to ask them to repeat their name and employee # so they know you are making note.  They then seem to feel more accountable and try harder.  (This is not to imply all are uncaring but unfortunately a few are not up to standard.)

You may not be entitled to a refund if you didn't work but you should get an accurate explanation.

Answer 2

Where did you get the idea that there was a refund for an injured spouse?

You can itemize deductions and medical expenses are deductible, if your deductions are large enough, you will be entitled to a refund of overpaid taxes.

Answer 3

You can write the service center and ask for an explanation.

The calculation may in fact be correct.  The amount of the original refund allocated to you can be $0.  

The rules depend on who owes the money, what kind of money is owed, what state you live in, whether or not you worked, whether or not you are self-employed, whether or not any of the refund is from EIC.

For the stimulus rebate, the refund is 50% of the rebate amount and this applies to all parties in all states.

If you live in California and the amount owed is for income taxes, the injured spouse form doesn't do anything as state law allows the IRS to collect from either spouse.

If you live in Texas, did not work and the refund was from EIC, you get nothing even if the children are yours, not his.  EIC is a federal program and is allocated based on income.  No income, no refund.  If you did not work and your spouse owed back taxes, 100% of the rest of the refund can be applied to the debt under state law.  (If you did work, the refund from withholding shifts.)  

If you did work and the refund on the original return is entirely from withholding and estimated tax payments, the IRS actually dummies up an MFS return for you and if you wouldn't have gotten a refund if you filed separately, you won't get one if you file MFJ with the injured spouse form....

Answer 4

Have your Form 8379 looked at by a professional.  The tax person may be able to explain to you why you didn't get a refund.

Form 8379 allocates the refund between you and your spouse.  The income and taxes paid by each of you figure into the allocation.  

If for example you had little or no income, you may get no refund even though your spouse got a refund because he paid taxes.

Answer 5

Hi. There is some info that the IRS doesn't have to give you. They are allowed to keep their mouths shut about it. The best thing would be to get in touch with your lawyer or a good accountant there. He would have to look through your documents to find out the cause for rejection.

Answer 6

talk to a tax pro in your area

Answer 7

Call again.  If you don't get an answer, ask for their supervisor.  Frequently the assistor who answers the phone is a new hire entry level person who doesn't know much.  If you filed your injured spouse form out correctly, and you truly had nothing to do with the debt your spouse incurred, you are due a partial refund.