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    Death Taxes

    I have a client I am to see that normally does their own taxes on turbotax but they've had a death of Spouse's Dad and are overwhelmed. Dad hadn't been required to file a return in more than ten years because he was living on nothing but his social security check. They are therefore satisfied that he does not need a Final Return. They are satisfied that no F 706 is necessary because of the value of the estate. They believe however, that his Estate is required to file a F 1041 and since they could not make heads or tails of it they filed for an extension. My phone notes do not mention the number of the form they used, but they were helped by a lady at the IRS so it is possible that they filled out the right form. I'm not sure whether Dad had a will or whether there are other heirs. The only things the man owned when he died were his home and its contents. Some contents were distributed to heirs, some were given away, and some were sold at yard sale prices. Records of all this were kept. The house was sold for slightly less than the man paid for it 20 or so years ago because while it was still savable, it had deteriorated during his life and needed major work.. We can document the state of disrepair because the sales disclosures were pretty complete and were based on repair estimates the family still has. I believe that his daughter used the little bit of money he had at death plus the money from selling some of his stuff to repay the Social Security Administration for his last check.

    Now I've got to confess that I am scrambling to catch up on Trusts by reading in the IRS Pubs. I hadn't thought about Estates since my EA Exam in 1997. At that time I thought I wanted to stay with that employer forever and remain in the sort of office where such returns are not prepared. I have agreed to meet with them and look over their stuff only because this one seems pretty simple and because I am excited by the challenge.

    1. Is anything they have told me likely to be wrong?

    2. How, if at all, do I report the yard sale type sales? I'm inclined to say it can be ignored just as would be the case if he had sold them in his lifetime and not been in the business of holding yard sales.

    3. How, if at all, do I report money and property given to heirs? Note that I am talking about report to the IRS and NCDOR. I know that there has been or will be a report to the county clerk of court but this is not my responsibility.

    4. In this scenario, what is there to pass through to the K1? I am under the impression that a loss on a personal residence would be nondeductible and that there is nothing about a death that would change the character of this loss.

    5. I'm an EA and I can read and follow IRS instructions and I don't mind putting in far more hours than this case is worth financially. But if anyone wants to recommend that I not take on the case I will attend to what you have to say. The reasons I am willing to take it are that it looks relatively simple so far, I look forward to learning about Estates, and the couple are friends of mine who will willingly pay me a nice sum of money.

    #2
    Originally posted by erchess View Post
    They are therefore satisfied that he does not need a Final Return. They are satisfied that no F 706 is necessary because of the value of the estate. They believe however, that his Estate is required to file a F 1041 and since they could not make heads or tails of it they filed for an extension.
    It doesn't sound like he would have to file a form 1041 either unless the estate has gross income in excess of $600. Since his social security stopped at death and all his assets could be considered as passed to the beneficiaries he maybe does not have any gross income to report. On the other hand if the estate is considered to have sold all the assets with proceeds distributed to the beneficiaries, then the estate would need to file form 1041 to report the sales even though the step-up in tax basis would result in no gain or loss taxable.


    Originally posted by erchess View Post
    1. Is anything they have told me likely to be wrong?
    Yes... its just a fact that they seldom tell you everything.



    Originally posted by erchess View Post
    2. How, if at all, do I report the yard sale type sales? I'm inclined to say it can be ignored just as would be the case if he had sold them in his lifetime and not been in the business of holding yard sales.
    Depending upon who is the owner at the time of the sale, if the sales are required to be reported in most cases it would be at no gain or loss since the fair market value at date of death is probably the sale price.


    Originally posted by erchess View Post
    3. How, if at all, do I report money and property given to heirs? Note that I am talking about report to the IRS and NCDOR. I know that there has been or will be a report to the county clerk of court but this is not my responsibility.
    Property distributions from an estate are not reported for federal tax purposes, but may be for state tax purposes. Taxable income/profit/loss distributions are reported for taxation by the individual beneficiaries unless the estate or trust is paying the tax.


    Originally posted by erchess View Post
    4. In this scenario, what is there to pass through to the K1? I am under the impression that a loss on a personal residence would be nondeductible and that there is nothing about a death that would change the character of this loss.
    Prior tax basis of the residence is ignored as the tax basis is the fair market value at date of death for any reporting by the estate or beneficiaries if reporting is required.

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      #3
      Just to Clarify

      I believe that it was the Estate that sold the house.

      Comment


        #4
        >>I believe that it was the Estate that sold the house.<<

        Then, assuming the sale was shortly after the date of death, the estate files a 1041 with Sch-D showing sale price and cost basis the same with zero gain or loss. Some would say it could be a small loss deductible due to selling expenses. Note that there is the step-up in basis to date of death and it is being sold not as a residence with code 121 exclusion. The exclusion is for a taxpayer that is living selling their residence.

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