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Hi from just Answer. I'm PDtax. I can assist, but you might not like my answer.
You had a loss on your filed returns, but you might not have a net operating loss. Individuals can have a net operating loss, but it is easily calculated as business income less business losses. Legal and CPA fees for divorce are not business deductions for those purposes.
To confirm what your NOL is, there is a pretty convoluted worksheet in every decent tax prep software package, or ask your tax pro to compute yours. Itemized deductions, exemptions and most other income and expenses are added back to determine your NOL.
The shortcut I suggest is as follows: Let's say you have $30,000 in wages, and a business loss on Schedule C of $50,000. You will likely have a NOL of -$20,000 after all the other worksheet adjustments are made.
Even if all your CPA and legal fees might be tax deductible (they aren't), they do not create a NOL for carryback. You might have negative taxable income, but that is not an individual NOL. It is just the starting point.
Iemized deductions like yours likely didn't generate a NOL.
I would review the preparation of your 2012 return as well. Legal and CPA fees incident to divorce are only tax deductible if the portions of the fees relating to tax advice are segregated in billing. These amounts ONLY are itemized deductions.
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Hi again. PDtax here.
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