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Deceased father's income tax payments being drawn from my bank account

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soundTest

Junior Member
My father passed away in January. (This is not about estate taxes.) He and I had a joint checking account, which as I understand it, became solely mine when he died and is not part of the estate. The problem is that the IRS is taking monthly payments for his back taxes out of that account. I cannot even figure out who to talk to at the IRS about this. My sister is the executor and has not had any better luck with it. I realize the back taxes still have to be paid, but it should be coming from a different source than my checking account. Any suggestions on how to try to fix this?
 


AdjunctFL

Member
I realize the back taxes still have to be paid, but it should be coming from a different source than my checking account. Any suggestions on how to try to fix this?
Based on your post, I suspect two things happened here:

1. Dad had a pre-death installment agreement with the IRS that was charged to that account monthly, and
2. After he died, the account wasn't closed and a new account opened in your name.

The first thing you need to do is close the account and open a new one with you only. You can try to get the installments back from the IRS but I doubt they will refund them without more frustration than you want to give, especially as the tax was apparently due. A more practical option, as the unpaid taxes were a liability of his estate (and should be paid before any assets are distributed), would be to have the estate reimburse you for what was charged. Obviously, this is practical only if the estate had any assets such as other bank accounts, stocks, an interest in a residence, automobile, etc.
 

Dandy Don

Senior Member
After you have closed the account and have a new account with your name only, ask your sister to send a letter to the regional IRS office (if she has not done so already) where your father would have sent his tax return if he were still alive (she can find out that address by looking at any federal income tax form or by visiting the IRS website).

They probably don't know that father is deceased and when they are informed about this they can then send a bill to the estate for the balance due.
 

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