Trying to file 1041

[DTS]

I am running into tremendous resistance (just plain refusal, if you ask me) in getting ss# for two benes that are involved in a court battle with the third, the trustee. There will be nothing to distribute this first year, so K-1s blank, except for names and personal info.

What are my options for filing this return? At the filing date, I feel I should file the stupid thing accompanied with a note on the return about the refusal. Is there a better option?

Thank you for the suggestions,

Dennis

[S T]

Attorney

Have the Trust/Trustee's Attorney contact the disgruntled beneficiaries' attorney, and request the information.

You can file and extension in the meantime and pay any tax due.

I am not for sure, but if no distribution or pass through to beneficiaries, I don't think you have to attach the K-1 forms.


Sandy

[glgillis]

No K-1's

I have filed many 1041's over the years for estates and trusts and have never filed K-1's if there are no flow-thru items.

[DTS]

Attorney

Sandy,

Thank you. I have contacted the trustee's attorney. He has repeatedly ask the opposing attorney to get the needed info to me, but nothing.

There is no tax due and filing the extension is a good idea, as is not needing to attach the K-1s. I will check on that to make sure. I guess if no K-1s are needed, no need to file the extension, just file the return. Do you agree?

Thanks, again!

Dennis

[DTS]

K-1s

glgillis,

You posted as I was answering Sandy's post. If you've had success and no problems doing this, seems fine with me.

Thank you,

Dennis

[S T]

No K-1's

Yes Dennis,

I would go ahead and file if you have all other information required. No extension.

I also have done a few trust returns, and no K-1's were generated due to lack of flow through items or distributions, so no attachment. I also have not encountered any problem.

However, you will need the SSN#'s eventually, so the Trust Attorney still needs to obtain for you.

Sandy

[Lion]

No K-1s

No K-1s are needed when you have no pass through items. I have one trust where the eventual beneficiaries will be whatever descendant needs medical care. He might not even be born yet. So, I don't have any names or SS#s on the return at all at this point. File it and let the attorneys make money arguing before anything is distributed. When something is distributed, they'll have to give you the information before you can give them the return. Boy, are those lawyers ever going to make money on this one.

[DTS]

Boy, are those lawyers ever going to make money on this one.

They certainly are!