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Mark Taylor
Mark Taylor, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 2054
Experience:  Certified Public Accountant
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In December of 2012 my ex husband passed away. I was

Customer Question

In December of 2012 my ex husband passed away. I was contacted by us bank in December 2014, that my ex husband had a pension plan. I sent them all the information required and they sent me the money and took 20% for federal taxes. In July of 2016 I was informed I was paid in error. He was my ex husband and I wasn't entitled to the money. His children are entitled to the Money. I am the mother of two of his three children , which are minor children. I am supposed to pay back all the money including the 20% they took out for federal taxes. They told me I have to go to IRS to get my 20% back. I do t know what rights I have. Can I offer to payback the 1/3 that is owed to his other child? If I have to pay back what do I need from them to get the money back from the IRS? Can I pay them back the exact amount they gave me and have them go to IRS for the money they required me to pay?
Thank you *****
Submitted: 10 months ago.
Category: Tax
Expert:  Mark Taylor replied 10 months ago.

Hi Jennifer, my name is Mark. I will be happy to help you with your question. To get the money back from the IRS you would need to file an amended return.

Customer: replied 10 months ago.
What information do I need to file an amended return? Do I need documents from us bank ?
Expert:  Mark Taylor replied 10 months ago.

To file an amended return you would need to complete 1040x. You would need a correct copy of the 1099-R. You would need a copy of your original return. You would need to make the changes to your 1040. You would describe what was changed on your 1040 (essentially that your adjusted gross income decreased due to a corrected 1099R). You would include the 1040x, a copy of your originally filed return (with "As originally filed" on top of the page), and a copy of the amended 1040 with as amended written on top of the return.

Expert:  Mark Taylor replied 10 months ago.

I hope you found this information to be beneficial. If this answered your question please take a few moments to rate my response. A rating is needed in order for me to receive credit for helping you today. The rating bar is located at the top of the page – ranging from 1 to 5 stars. If you need me to clarify aspect of my response or if there are additional areas of the question that you would like me to consider please let me know. I would be happy to continue the discussion. It has been my pleasure helping you today.