Injured Spouse

[muleskinner]

What is the name of your state? Mass. I filed our 2004 joint return and listed myself as an injured spouse. This was our first joint return; my husband got into IRS problems about 5 years ago before we met, and has been on an "uncollectable status" since then. The Injured Spouse form (8379) that we submitted with our 2004 return states that "The IRS will figure the amount of any refund due the injured spouse". I got a letter today that said I get nothing unless I file a "claim" with the IRS. I thought that filing the 8379 form was enough. The total refund is about $1500. I could have gotten about $700 by just filing Married Filing Separately. Should I file a "claim" (whatever that means) or should I refile our 2004 returns as Married, Filing Separately", using form 1040X and give up any hope of getting the full refund? Or what?
P.S. For the year 2005, we arranged our refund to be zero to avoid this hassle.

 

[abezon]

You can't change to MFS after 4/15. File the claim. The IRS probably included the form they want.

PS: Good thinking for 2005.