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Category: Tax
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Experience:  over 40 years experience in tax matters
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I keep asking questions and receive no answer. I will explain

Customer Question

I keep asking questions and receive no answer. I will explain again. I am the executor of my mother's estate. Her husband (not my father) predeceased her and his executor opted to file the marital QTIP deduction. So the values of both estates were combined for tax purposes. IRC 2207A provides that each individual estate pays a pro rata share of the tax burden. However, it goes on to say that once the taxes are figured on the combined estate, to determine the pro rata share, you separate the two individual assets, and then determine how much can be reimbursed to the smaller estate's executor. This is based on what amount would have been paid if they had filed individual estate tax returns. My contention is that I should be able to recoup all taxes paid because the individual estate is well under the Federal estate tax exemption. I just need some type of authority to make my case with the executor of the larger state, who does not think he is responsible for all of the taxes.
Submitted: 6 years ago.
Category: Tax
Expert:  Lindie-mod replied 6 years ago.


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Customer: replied 6 years ago.
I may be willing to pay more for your answer but at this time, I have not heard one comment from any expert even though I have asked my question repeatedly. Therefore, I am skeptical of this process. Before I pay any more, I would like to know that the expert will provide me with a helpful answer.
Expert:  CGCPA replied 6 years ago.

Welcome to Just Answer. I am here to help you resolve your tax and finance concerns. Please feel free to ask anytime you need extra help.


The real issue here is that you may not realize that by filing the estate returns together and then allocating the responsibility to each of the separated estates they are each only allowed to use 1/2 of their exemption amounts. That may be the cause of contention between you and the other executor. Try the math that way and you may get very different results from what you have. If the returns have not yet been filed you should also consider separate filings.


I am sorry you do not seem pleased with Just Answer but would like you to realize that many of us are in private practice and will not expend out time for what we individually consider to be under priced responses. For us it is just a matter of economics.

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