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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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Can I deduct funeral expenses for my Fathers funeral

Resolved Question:

I am an only child, my step dad passed away last november (my mother preceeded him in death a couple of years ago). His estate was insolvent and I paid for his funeral. I live in Michigan and he died in New Jersey. In addition to the funeral home expenses, I incurred expenses associated with vacating his belongings from his rented condo and also for transporting his body to North Carolina for burial with my mother. Are any of the expenses that I incurred tax deductible against my 2007 taxes?
Submitted: 8 years ago.
Category: Tax
Expert:  Lev replied 8 years ago.

Unfortunately - you may not deduct funeral expenses on your tax return.

The only place funeral expenses may be deducted estate tax return - form 706 schedule J - - but because your step-father's estate was insolvent - you likely was not required to file that return and do not owe any estate tax.

Customer: replied 8 years ago.
Reply to LEV's Post: Thanks for your prompt response, but I'd like some clarification. So am I to understand from your response that any funeral and ancillary expenses such as legal fees, expenses associated with cleaning out his condo, etc are deductable but only on his 2007 tax return? You also intimated in your reponse that he would not be required to file a 2007 Federal Return, because his estate was insolvent? He died on 11/18/2007.
Expert:  Lev replied 8 years ago.

As an executor of his estate - you are responsible to file all tax returns for the decedent.

All these expenses are not deductible on decedent's income tax return. that is filled on the form 1040 -

You may be also required to file an estate income tax return on the form 1041 -

Estate tax return would be required if the value of the estate is above $2,000,000 - form 706 - - this return is used to calculate estate taxes. Funeral and legal expenses may be deducted here and would reduce estate taxes - - but because your step-father's estate was insolvent - you likely was not required to file that return and do not owe any estate tax.

You may not deduct funeral expenses for income tax purposes - these expenses are deductible for estate tax purposes only.

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