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Taxpayer married to spouse #1.  Spouse #1 dies 3/10/18.  Taxpayer remarries 12/10/18.  Taxpayer files MFJ with spouse #2.  Spouse #1 has significant income before death.  What filing status does spouse #1 use?

Posted
10 minutes ago, Bart said:

Taxpayer married to spouse #1.  Spouse #1 dies 3/10/18.  Taxpayer remarries 12/10/18.  Taxpayer files MFJ with spouse #2.  Spouse #1 has significant income before death.  What filing status does spouse #1 use?

file the deceased as married filing separate

Posted
3 minutes ago, grandmabee said:

Why can't they be single??  she is not married as of 12/31/18  I have one of these and I was going to do single.

Because the deceased's tax year for the individual return ended on the date of death, and on that date of death the deceased's marital status was married, and because the widow(er) remarried, that person gets to choose MFJ or MFS.

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