- quote -

The administrator of the estate has that obligation. The
funds for payment, if any is due, are included in the assets
which were transferred after the decedent's passing.

If the IRS is basing its claim on 1099's, it may be the
result of stocks sold prior to death. In that case, the
stocks may have a basis which would reduce, or eliminate,
any tax for which the IRS is asking.

"Jack" - John H. Fisher - TaxService[at]aol.com
Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ
My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html

Where Ignorance is bliss, 'tis folly to be wise!=

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thetaxdon[at]yahoo.com (DonBa) writes:

- quote -

I have received an opinion that I look like Robert Redford.
Not all opinions are informed.

There's no tax specifically on the $100,000, but if there
was income tax due for the year of death, the tax due comes
from the $100,000 (assuming that it was the decedent's
money). The liability follows the money, so the son would
have transferee liability if the tax isn't paid.

Phil Marti
Clarksburg, MD

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DonBa wrote:

- quote -

This is more a legal question than a tax question, but
I'm fairly sure that ANY creditor of the deceased could
make a claim against the assets, if the statute of
limitations had not expired. Obviously, the
statute of limitations on this tax debt has not
expired -- or perhaps it has....

It's possible that the child sent in a request for
prompt assessment (or whatever it's called) to the IRS,
and it was granted without noting that the return wasn't
filed. In that case, the year may be closed.

In this case, the child might be obligated to file the
return, but in the case that all assets passed through
joint tenancy to DIFFERENT heirs, there would seem not
to be anyone obligated or with the authority to file
the return.

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A friend's divorced son-in-law died in 2003 with out filing
his 2001 return. An IRS notice sent to Jxxx Dxxx DECD
arrived at his mother's home. They were proposing several
thousand dollars tax due based on information returns they
had received. The man died without a will and his only
assets (abt $100k ) were in joint tenancy with his only
child. The assets were re-registered to the child (over 18 )
shortly after the father's death. No one has been appointed
Personal Representative. I have received an opinion that
the IRS can not make claim to these assets for payment. My
question is, who if anyone is obligated to file this return,
and is anyone legally liable for this debt?

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