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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 6179
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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I have been to tax advisors. I have paid tax lawyers. W

Customer Question

I have been to tax advisors. I have paid tax lawyers. Gerald W Stone is deceased as of Nov 2014. They keep sending notices that his 2014 taxes haven't been filed.
I was told by a tax advisor that the estate is responsible for those taxes. If that is true why am I getting these notices.
I am not the executor.
What I am concerned about is the penalties and fees. The executor is not taking care of filing 2014 taxes for Gerald W Stone.
What am I suppose to do?
Submitted: 2 months ago.
Category: Tax
Expert:  Stephen G. replied 2 months ago.

Hello, my name is***** goal is to give you a complete & accurate answer. I am working on your request now & I will respond as soon as possible.

Expert:  Stephen G. replied 2 months ago.

What was your relationship with the decedent?

By any chance are you Mr. Stone's surviving spouse?

If so, if you have income in 2014, have you filed a tax return for 2014 for yourself?

Finally, what is the nature (type) of the income that Mr. Stone received in 2014?

Customer: replied 2 months ago.
i was his wife, yes surviving spouse, just 2 short years together
i have filed mine, I was told by tax expert to send Jerry's papers to executor of the estate.
Jerry was retired Principal of schools in CO and AZ. a sizable income. He was sending in estimated quarterly funds.
Expert:  Stephen G. replied 2 months ago.

If you have filed your own tax return for 2014, you have no further responsibility with respect to tax filings for 2014.

I agree that you should send any tax information that you have related to your deceased husband to the Executor of your husband's estate.

Now, the only thing I will mention, is that if the estate has insufficient assets to satisfy your husbands tax liability, to the extent that you shared in his income for 2014, the IRS does have the ability to seek payment from the assets that resulted from the decedent's income.

Given what you have described, that appears to be highly unlikely.

One issue that is somewhat out of the ordinary is that usually the Surviving Spouse files a joint return with the decedent for the year of death. That would normally result in substantially less total income tax for decedent and not require any additional payments from the Surviving Spouse.

What filing status did you use on your income tax return for 2014?

Finally, did you file a joint return with your husband for 2013, or did you file using the Married Filing Separately filing status for 2013?

Expert:  Stephen G. replied 2 months ago.

Just checking in..............

If you don't have any further questions, please remember to rate my response as that is the only way that I will receive my share of the payment you have already made to the site.

Thanks very much,

Steve G.