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Past refund due/deceased tax payer

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softy515

Member
What is the name of your state (only U.S. law)? PA

Hello, my father passed away in 2011 and had some years in the past that he never filed his taxes for. We know for sure he didn't file 2010 so I had put it all together and sent off to accountant. He is due a refund. The accountant asked for my social and said the check would come to me. I asked why not payable to my father's estate and he said because my father was not deceased in 2010.

I am not going to make a stink about it but my questions is this: Will this refund (and possibly another refund from 2009 and 2011) be taxable income for me? Because regardless of it it comes to me or the estate, it will get split between all siblings. But I want to take into account any tax I may end up owing on it.

Thanks in advance.
 


anteater

Senior Member
I asked why not payable to my father's estate and he said because my father was not deceased in 2010.
That is nonsense. Tell the accountant that you intend to do it the right way.
 

softy515

Member
So it should be issued to the estate and not me personally? Will it matter who it is issued to as long as I put it into the estate funds?
 

davew128

Senior Member
So it should be issued to the estate and not me personally? Will it matter who it is issued to as long as I put it into the estate funds?
Assuming your father wasn't married, it MUST be payable to his estate. The check will go to whomever is authorized to receive, but it is payable to the estate not that person. If the preparer doesn't get that (and isn't noting on the prior year returns the date of death and preparing a 1310 FOR that refund), get a new preparer.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? PA

Hello, my father passed away in 2011 and had some years in the past that he never filed his taxes for. We know for sure he didn't file 2010 so I had put it all together and sent off to accountant. He is due a refund. The accountant asked for my social and said the check would come to me. I asked why not payable to my father's estate and he said because my father was not deceased in 2010.

I am not going to make a stink about it but my questions is this: Will this refund (and possibly another refund from 2009 and 2011) be taxable income for me? Because regardless of it it comes to me or the estate, it will get split between all siblings. But I want to take into account any tax I may end up owing on it.

Thanks in advance.
**A: that makes no sense. What is your accountant smoking?
 

softy515

Member
Why the heck is it so hard to get good help these days? GRRR!

I will call him tomorrow. I didn't actually talk to him, it was his secretary. Maybe she didn't know what she was talking about. It seemed very odd to me that it would be paid to me too. And why me? Because I am the dumb--- who agreed to put his taxes together? :)

Thanks all.
 
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