Double Form 1040s and no Form 1041

[Thad]

The client filed her father's end of year tax return using an online tax software. Upon the death of her father during the following year, an over zealous tax preparer prepared a 1040, not a 1041. The client received an IRS action letter indicating that two returns were filed for the same person for the same tax year.
Do I amend the second 1040 to show that the first return is the correct return? Should my next action to be is the completion of a 1041 for any and all income after death?
Any advice is invited. Thanks.

[Kram BergGold]

My Suggestion

I would call IRS and explain what happened and then ask the IRS representative how to proceed. If there is a 1041 that should have been filed you should file it. If tax is due on the 1041, I would try to get a first time waiver.

[taxea]

The client filed her father's end of year tax return using an online tax software. Upon the death of her father during the following year, an over zealous tax preparer prepared a 1040, not a 1041. The client received an IRS action letter indicating that two returns were filed for the same person for the same tax year.
Do I amend the second 1040 to show that the first return is the correct return? Should my next action to be is the completion of a 1041 for any and all income after death?
Any advice is invited. Thanks.

Are you saying that the preparer filed a return for the prior year that the client had already filed? How is this possible when the return had to be signed?
What years were filed? What month and year did the father die? Did the 1040 return filed for the year of his death include income and deductions received after his death?

[Burke]

The client filed her father's end of year tax return using an online tax software. Upon the death of her father during the following year, an over zealous tax preparer prepared a 1040, not a 1041. The client received an IRS action letter indicating that two returns were filed for the same person for the same tax year.
Do I amend the second 1040 to show that the first return is the correct return? Should my next action to be is the completion of a 1041 for any and all income after death?
Any advice is invited. Thanks.

Use the letter received from the IRS, and respond as to the error in filing Form 1040 #2. Attach a correct Form 1041 for all income and expenses which occurred after death. Do not mark it "amended." (PR needs to determine whether to use calendar or fiscal year on the 1041.) Then mail to the IRS with the correspondence.