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Deceased Taxpayer and Trust

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    #16
    I have reviewed the 8855 and the instructions for Form 1041. I will tell you that the last time I had one of these situations, this 8855 form did not exist; you just checked a box on Page 2 of the 1041 (no longer there) and went on your merry way. Simple. So I had to do some reading of the current version of both these documents and I think the instructions are very self-explanatory. This is apparently a qualifying RLT so no problem there. I am a little unsure of whether there was an executor appointed (you mention co-executors/trustees) and whether these are all one and the same person(s.) Hopefully, that is the case. In my state, if both are the same, the executor and trustee appointment(s) are all on the same document. The instructions for Form 1041 - pages 4, 5, and 6 go into great detail about the filing requirements of pretty much any scenario. Too involved to go into here. Also, it does not state it is required, but I am assuming that Form 8855 can be filed on its own separately from the 1041. But they both go to the same place and I do not see why you cannot send all together if everything is ready. In any event, if you send the 8855 first, I would attach a copy to the 1041 if filed later. It appears from the information in your posts you would check Domestic Trust on the 8855 in your circumstance, complete Parts I, II, and III and then you elect your fiscal year on the 1041. For co-trustees, I would file one 8855 for each one, signed separately, but attached together.
    Last edited by Burke; 09-18-2012, 04:39 PM.

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