Christy H
Level 2

In Calvin v. United States, 10 Cir., 354 F. 2d 202, 204, the court held that an NOL income tax deduction may be taken only by the taxpayer who incurs it.  As for as I can see, there has been no recent case to overturn this precedent.

I spoke to the Intuit technical support help desk today.  Both ProSeries Basic and ProSeries does not have the ability to only apply the NOL to one spouses income.  I had to use overrides in the Carry Forward worksheets and 1040 worksheet to manually correct this.  Keep in mind that there may be other forms that are driven off of total income that need to be manually corrected.  In this case, I also had to override the calculation of retirement savings credit and AMT calculations.  Not a fun process, but I do feel that I eventually got the correct overall tax calculated.