§ 28A-15-6. Federal income tax refunds – joint returns. - North Carolina Statutes

§28A‑15‑6.  Federal income tax refunds – joint returns.

Upon the determination by theUnited States Treasury Department of an overpayment of income tax by a marriedcouple filing  a joint federal income tax return, one of whom has died sincethe filing of such return or where a joint federal income tax return is filedon behalf of a husband and wife, one of whom has died prior to the filing ofthe return, any refund of the tax by reason of such overpayment, if not inexcess of five hundred dollars ($500.00), shall be the sole and separateproperty of the surviving spouse. In the event that both spouses are dead atthe time such overpayment is determined, such refund, if not in excess of fivehundred dollars ($500.00), shall be the sole and separate property of theestate of the spouse who died last and may be paid directly by the TreasuryDepartment to the executor or administrator of such estate, or to the personentitled to the possession of the assets of a small estate pursuant to theprovisions of Article 25 of this Chapter. (1955, c. 720; 1957, c. 986;1973, c. 1329, s. 3.)