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My mom passed away October 21,2015. Shortly after, the IRS…

My mom passed away October...
My mom passed away October 21,2015. Shortly after, the IRS sent something saying she owed $36,000. I called immediately, was told she hadn't filed, it was likely an error if they filed for her, they could not force her only heir to pay, don't worry about it. Nothing until after her estate closed late September. Got something in the mail yesterday from a tax solution company with attached lien dated after the estate was closed. He said they filed too late, asked if my mom filed the year she died or perhaps before neglected to. I didn't know but know her accountant passed away. I'm sorry, forgot, her estate did get a letter about a month ago and I assumed it was about filing a final for her, so called and was shuffled around. Was told the form was for debt owed not filing a final which I have yet to do. Tonight, I found a business card from an IRS agent taped to my front door saying to call them today. I don't know who to believe now or what to do but searched and it said not to speak to them without representation. Any help would be much appreciated as I am a wreck over this. Thank you. Rebecca Ryan
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Answered in 36 minutes by:
3/29/2018
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,112
Experience: Taxes, Immigration, Labor Relations
Verified

Hi Rebecca

I suggest to request the tax account transcript for your mother for 2015.

That will tell you all information and based on that we may suggest steps forward.

We need to have all information the IRS has for your mother - that will be in that transcript

Let me know if you are willing to proceed.

Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,112
Experience: Taxes, Immigration, Labor Relations
Verified
Lev and 87 other Tax Specialists are ready to help you
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Customer reply replied 3 months ago
Who do I contact for the information and can you represent or just advise? Is it better to pay the tax company who sent a copy of the lien? When I called about the letter sent I was told they didn’t know me and couldn’t answer questions. I said I was trying to understand what the letter was about, assuming last filing when she said debt. No help at all from my call.
Customer reply replied 3 months ago
I just agreed to the phone call and added charge, is it not going to take place now?
Phone call session started
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Customer reply replied 3 months ago
Here is the form

did you file this form when estaet was closed?

https://www.irs.gov/pub/irs-pdf/f56.pdf

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Customer reply replied 3 months ago
Hi Lev. I ended up calling the IRS, nobody could talk to me until they had her death certificate and letter of testamentary. I didn't want to wait and fax machine broke so got e-fax and got it to them. They told me they couldn't tell me anything (this was when I was requesting the transcript and was told they would not be provided without proof of identification from me first). They said she hadn't filed, sent a copy of the transcripts which I cannot make out, said it had already been "assigned to an agent" whose phone number was given but he does not say he is from the IRS and never answers, only get his machine. I'm very upset at this point. They get the necessary information from me so they are able to send the transcript, then still say they cannot tell me anything, I must speak to the "agent assigned". They know she had $100,000. E-fax is poor quality at best. They sent 22 pages. I will try to attach them but it's very vague. I tried calling the agent several times, then read about the form on the IRS web site and it was questions to ask the fiduciary. I feel like I'm being set up somehow. I don't want to initiate the phone call to this person whose name I don't have, just that he's in Baltimore and doesn't pick up. Thank you for checking back. I don't know what's going to happen next. They wouldn't tell me when to file her final return. I think it's just going to be another nightmare. Thank you again. I hope this is the right file they sent of the transcripts. My landline is dead so had to use something hoping to resolve the issue but just got the runaround. They want information from me yet don't want to provide me with any. I am not comfortable with this.

I see multiple sales of securities in this transcript.

Actually - the IRS treats the FULL proceed amount as taxable gain - and that why they assessed so large tax liability.

To correct that issue - you will need to obtain brokerage statement for 2012 - and that statement should contain information about your mother's basis.

Then you will prepare her 2012 tax return as it was not filed.

On that tax return - you will calculate gain or loss separately for each transaction.

So her actual gain will be much less than the IRS "thinks"

When you prepare her tax return - you will identify actual tax liability.

We may not say what it would be - but for sure it will be much less than the assessed amount.

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Customer reply replied 3 months ago
Thank you Lev. I found one copy of Turbo Tax Deluxe on Amazon for 2012. I am not tax language savvy enough to follow what you're saying but trust you. Not sure how to obtain the statements, if it's from multiple brokerages or how to go about it.

You do need to find out the basis for each security sold.

You may look in your mother's papers or just contact each broker begging for help.

We do not have other way around.

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Customer reply replied 3 months ago
That's 6 years ago, I don't know if I can find anything. I do know that 2012 was the year my car was totaled being hit by another car on our way back from dinner. I had to cash in investments to purchase a new car as caring for my mother does not provide a payment slip. I know if anything was cashing in, it was to purchase a new car. I know Ziegler told me they didn't have records for 2012 or anything beyond a year when I was asking about providing proof of deposit to my account for the sale of each home I sold in FL to pay off Mom's reverse mortgage. I wish there was a way of looking this up on line because research I can usually do pretty well. Thank you so much. I assume this is focused on 2012 or all the years not filed. She was in the hospital with a concussion, it was a horrible year. Keeping her alive was all I was focused on after the accident. I'm sure they don't care about things like this. Thanks again. I have to run out for a couple of hours. Scared to see what's in the mail again. A fear of the mailbox now. Stupid, I know. I'll try to look but I can't imagine finding paperwork from 2012 with the answer. Will pray.

If you are planing to make correction - there is NO alternative.

You will either collect all required information for filing or reconstruct that information.

Transcript contains all information about each security and about selling price.

Basically - you need the basis of each security from the transcript that was sold.

Because the tax return was not filed - there is no statute of limitation.

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Customer reply replied 3 months ago
Thank you again Lev. I wasn't able to get out, my car wouldn't start and the auto company didn't have a battery. There are boxes of paperwork scattered. If I am unable to locate what is needed, I don't know another alternative to obtain the information. Is it possible to call each investment firm to obtain the necessary information if I am unable to find it? Life is beating me up right now. Thank you for your kindness and knowledge. I just want to wrap it up as quickly as possible so the stress ends.

Try all possible options - call brokers and search through your documents.

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