EIC Question

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  • Larmil
    Senior Member
    • Dec 2006
    • 621

    #1

    EIC Question

    Single taxpayer, age 43, died on Feb 1, 2006. He had worked the month of January and his only income was the $5,000.00 on that W-2. Does this return qualify for the EIC?

    TIA!
  • Brian EA
    Senior Member
    • Dec 2005
    • 786

    #2
    Originally posted by Larmil
    Taxpayer, age 43, died on Feb 1, 2006. He had worked the month of January and his only income was the $5,000.00 on that W-2. Does this return qualify for the EIC?

    TIA!
    Enter the info in your software and it will tell you whether it qualifies or not. make sure you enter the date of death.

    I am sre it qualifies.

    brian
    Everybody should pay his income tax with a smile. I tried it, but they wanted cash

    Comment

    • Larmil
      Senior Member
      • Dec 2006
      • 621

      #3
      Originally posted by Brian
      Enter the info in your software and it will tell you whether it qualifies or not. make sure you enter the date of death.

      I am sre it qualifies.

      brian
      Thanks, I did that and the software says yes, but I wanted to double check the software.

      Comment

      • jainen
        Banned
        • Jul 2005
        • 2215

        #4
        Watch out, Brian!

        >>I am sure it qualifies. <<

        Watch out, Brian! There are some thought police roaming this forum who don't believe that "it qualifies" is enough justification for a refundable credit. There is the "moral" issue, you see.

        I'll stand with you, supporting (or at least complying with) the Congressional decree. But, oh my, don't you think there will be some fuss about a guy making sixty grand a year and still getting back more than he paid in?

        Comment

        • Brian EA
          Senior Member
          • Dec 2005
          • 786

          #5
          Originally posted by jainen
          >>I am sure it qualifies. <<

          Watch out, Brian! There are some thought police roaming this forum who don't believe that "it qualifies" is enough justification for a refundable credit. There is the "moral" issue, you see.

          I'll stand with you, supporting (or at least complying with) the Congressional decree. But, oh my, don't you think there will be some fuss about a guy making sixty grand a year and still getting back more than he paid in?
          I agree with you jainen. The way I looked at it is ;the guy made enough money to fall within the EIC range -DEAD or ALIVE.

          brian
          Everybody should pay his income tax with a smile. I tried it, but they wanted cash

          Comment

          • DaveO
            Senior Member
            • Dec 2005
            • 1453

            #6
            The Facts are the Facts

            If he qualifies for EITC then he gets it.

            If morality were a major factor in income tax law there would be no income tax. Government would operate on a fee for service basis for everything beyond the courts and national security.
            In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
            Alexis de Tocqueville

            Comment

            • Joe Btfsplk
              Senior Member
              • Dec 2005
              • 527

              #7
              Eic

              If he qualifies, then I would put it on the return. However, I would check to see if there isn't some provision relating to a short tax year due to death.

              Comment

              • Larmil
                Senior Member
                • Dec 2006
                • 621

                #8
                Originally posted by Joe Btfsplk
                If he qualifies, then I would put it on the return. However, I would check to see if there isn't some provision relating to a short tax year due to death.
                That is what I am trying to find out. I can find nothing about a short year for EIC. Since there is no short year for a 1040 due to death, my thoughts would be unless otherwise stated there would be no short year for EIC. I am claiming it but explaining my thoughts to the administrator with the warning that it may possibly be denied..

                Comment

                • DaveO
                  Senior Member
                  • Dec 2005
                  • 1453

                  #9
                  I have had this situation on two returns

                  Originally posted by Larmil
                  That is what I am trying to find out. I can find nothing about a short year for EIC. Since there is no short year for a 1040 due to death, my thoughts would be unless otherwise stated there would be no short year for EIC. I am claiming it but explaining my thoughts to the administrator with the warning that it may possibly be denied..
                  Over the last few years, not the same taxpayer of course. I took the EITC both times with no questions from the IRS. I did some research and couldn't find any requirement that the taxpayer was alive the whole year. Then again I didn't have access to the mighty intellects on this board then either.
                  In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
                  Alexis de Tocqueville

                  Comment

                  • Black Bart
                    Senior Member
                    • Jun 2005
                    • 3357

                    #10
                    There now, jainen!

                    Originally posted by DaveO
                    ...I didn't have access to the mighty intellects on this board then....
                    Who said nobody likes ya?

                    Comment

                    • DaveO
                      Senior Member
                      • Dec 2005
                      • 1453

                      #11
                      Now BB

                      Originally posted by Black Bart
                      Who said nobody likes ya?
                      I was talking about you! I miss living in the south where your ad hominem is served with gravy and a side of biscuits.
                      In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
                      Alexis de Tocqueville

                      Comment

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