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  #3  
Old 02-26-2006, 08:42 PM
seeker
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Default Re: mentally incompetent

ok, thank you.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #2  
Old 02-23-2006, 07:08 AM
Harlan Lunsford
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Default Re: mentally incompetent

seeker wrote:
- quote -

> Harlan Lunsford wrote:
> > seeker wrote:


> > > My brother, who was a successful chemist, became a fatal
> > > alcoholic, suffering from mental delusions. He lost his
> > > job, took all his money out of his retirement account, and
> > > died from cirrhosis about six months later. He never would
> > > have embarked upon this course of action if he was not
> > > delusional, but would have taken a loan against the account.
> > > > > Question: We had to pay high taxes on his retirement
> > > withdrawal because it was included in his income. Have
> > > there been any successful arguments made regarding impaired
> > > decisionmaking that resulted in higher taxes?


> > Normally I hate it when people answer a question WITH a
> > question, but in this case,.............
> > > Question: Why did you (you said "we") had to pay high

> > taxes on his retirement withdrawal.....". Was it because
> > you had any funds left over after his demise? Were you the
> > responsible party for filing his final tax return? Or did
> > he die penniless?


> No, he had funds left, most of which went to pay taxes.
> Thanks for any information you can provide.


The taxes he paid were perhaps both income taxes and a 10%
penalty for early withdrawal. In any event, I know of no
possible relief in this case. Some taxpayers, still living,
have had their cases argued in cases of the sale of a house,
and still others have obtained relief from certain penalties
imposed by IRS, but this case doesn't seem to fall under
any exception I know of.

Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 02-22-2006, 12:31 PM
seeker
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Posts: n/a
Default Re: mentally incompetent

Harlan Lunsford wrote:
- quote -

> seeker wrote:

> > My brother, who was a successful chemist, became a fatal
> > alcoholic, suffering from mental delusions. He lost his
> > job, took all his money out of his retirement account, and
> > died from cirrhosis about six months later. He never would
> > have embarked upon this course of action if he was not
> > delusional, but would have taken a loan against the account.
> > > Question: We had to pay high taxes on his retirement

> > withdrawal because it was included in his income. Have
> > there been any successful arguments made regarding impaired
> > decisionmaking that resulted in higher taxes?


> Normally I hate it when people answer a question WITH a
> question, but in this case,.............
> Question: Why did you (you said "we") had to pay high
> taxes on his retirement withdrawal.....". Was it because
> you had any funds left over after his demise? Were you the
> responsible party for filing his final tax return? Or did
> he die penniless?


No, he had funds left, most of which went to pay taxes.
Thanks for any information you can provide.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 02-15-2006, 12:55 AM
Harlan Lunsford
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Posts: n/a
Default Re: mentally incompetent

seeker wrote:

- quote -

> My brother, who was a successful chemist, became a fatal
> alcoholic, suffering from mental delusions. He lost his
> job, took all his money out of his retirement account, and
> died from cirrhosis about six months later. He never would
> have embarked upon this course of action if he was not
> delusional, but would have taken a loan against the account.
> Question: We had to pay high taxes on his retirement
> withdrawal because it was included in his income. Have
> there been any successful arguments made regarding impaired
> decisionmaking that resulted in higher taxes?


Normally I hate it when people answer a question WITH a
question, but in this case,.............

Question: Why did you (you said "we") had to pay high
taxes on his retirement withdrawal.....". Was it because
you had any funds left over after his demise? Were you the
responsible party for filing his final tax return? Or did
he die penniless?

ChEAr$,
Harlan Lunsford, EA n LA
Tue 14 Feb 2006

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 02-14-2006, 05:06 AM
seeker
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Posts: n/a
Default mentally incompetent

My brother, who was a successful chemist, became a fatal
alcoholic, suffering from mental delusions. He lost his
job, took all his money out of his retirement account, and
died from cirrhosis about six months later. He never would
have embarked upon this course of action if he was not
delusional, but would have taken a loan against the account.

Question: We had to pay high taxes on his retirement
withdrawal because it was included in his income. Have
there been any successful arguments made regarding impaired
decisionmaking that resulted in higher taxes?

Thank you.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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