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  #4  
Old 06-13-2006, 12:40 AM
Harlan Lunsford
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Default Re: Posthumous IRA

Phil Marti wrote:

- quote -

> "Harlan Lunsford" <hlunsford[at]bellsouth.net> wrote:

> > Of course I understand the whys and wherefores and why it
> > works this way, since he WAS dead and couldn't have done it.
> > But the real flies in the ointment were (1) nothing in pub
> > 590 against it, and (2) the bank allowed it last year
> > even though he had bought the farm earlier.


> Did they know he was dead when they accepted the deposit
> last year? (Don't bother answering if this has already been
> addressed. I haven't paid close attention to this thread.)


Yep.

In fact bank is THE largest in the Columbus, GA area and you
would have thought ....... anyway.

ChEAr$,
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. > << ================================================== ===== >
  #3  
Old 06-10-2006, 08:00 PM
Phil Marti
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Default Re: Posthumous IRA

"Harlan Lunsford" <hlunsford[at]bellsouth.net> wrote:

- quote -

> Of course I understand the whys and wherefores and why it
> works this way, since he WAS dead and couldn't have done it.
> But the real flies in the ointment were (1) nothing in pub
> 590 against it, and (2) the bank allowed it last year
> even though he had bought the farm earlier.


Did they know he was dead when they accepted the deposit
last year? (Don't bother answering if this has already been
addressed. I haven't paid close attention to this thread.)

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << 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 06-08-2006, 06:22 PM
Harlan Lunsford
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Default Re: Posthumous IRA

D. Stussy wrote:
- quote -

> A.G. Kalman wrote:
> > Harlan Lunsford wrote:


> > > Is this where we discussed this before? I just can't
> > > remember.
> > > > > Situation is that husband bought the farm last February and
> > > finishing up their joint tax return, my software isn't even
> > > fazed when we factor in a 4000$ IRA for him for 2005, even
> > > though the program does know his date of death.
> > > > > So the widow goes to the bank to add to his IRA, or open one
> > > for him and bank refuses to do so. I don't find anything in
> > > publication 590 prohibiting this, since it IS a joint
> > > return, and she IS the executor of his estate. Maybe it's
> > > just the bank. You reckon?


> > It was some time ago but I believe we concluded that only
> > the individual or the individual's employer or a labor union
> > can establish or maintain an IRA. As the individual is now
> > deceased, the spouse (who I assume inherited the IRA) can
> > not make a contribution for the decedent.


> Agreed. Furthermore, an IRA contribution made after the end
> of the tax year but before the due date is deemed made ON
> the last day of the tax year. As he was not alive on that
> day, he could not have made the contribution.
> Your software probably allows the contribution because it
> doesn't ask when during the year it was made. If he had
> sent the check making the contribution before he died, he
> would then be entitled to the deduction (other requirements
> notwithstanding), even if the trustee processed it after
> death.


Of course I understand the whys and wherefores and why it
works this way, since he WAS dead and couldn't have done it.
But the real flies in the ointment were (1) nothing in pub
590 against it, and (2) the bank allowed it last year
even though he had bought the farm earlier.

Such is life.

ChEAr$,
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 06-06-2006, 11:10 AM
D. Stussy
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Posts: n/a
Default Re: Posthumous IRA

A.G. Kalman wrote:
- quote -

> Harlan Lunsford wrote:

> > Is this where we discussed this before? I just can't
> > remember.
> > > Situation is that husband bought the farm last February and

> > finishing up their joint tax return, my software isn't even
> > fazed when we factor in a 4000$ IRA for him for 2005, even
> > though the program does know his date of death.
> > > So the widow goes to the bank to add to his IRA, or open one

> > for him and bank refuses to do so. I don't find anything in
> > publication 590 prohibiting this, since it IS a joint
> > return, and she IS the executor of his estate. Maybe it's
> > just the bank. You reckon?


> It was some time ago but I believe we concluded that only
> the individual or the individual's employer or a labor union
> can establish or maintain an IRA. As the individual is now
> deceased, the spouse (who I assume inherited the IRA) can
> not make a contribution for the decedent.


Agreed. Furthermore, an IRA contribution made after the end
of the tax year but before the due date is deemed made ON
the last day of the tax year. As he was not alive on that
day, he could not have made the contribution.

Your software probably allows the contribution because it
doesn't ask when during the year it was made. If he had
sent the check making the contribution before he died, he
would then be entitled to the deduction (other requirements
notwithstanding), even if the trustee processed it after
death.

<< ================================================== ===== > << 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 06-03-2006, 02:22 PM
A.G. Kalman
Guest
 
Posts: n/a
Default Re: Posthumous IRA

Harlan Lunsford wrote:

- quote -

> Is this where we discussed this before? I just can't
> remember.
> Situation is that husband bought the farm last February and
> finishing up their joint tax return, my software isn't even
> fazed when we factor in a 4000$ IRA for him for 2005, even
> though the program does know his date of death.
> So the widow goes to the bank to add to his IRA, or open one
> for him and bank refuses to do so. I don't find anything in
> publication 590 prohibiting this, since it IS a joint
> return, and she IS the executor of his estate. Maybe it's
> just the bank. You reckon?


It was some time ago but I believe we concluded that only
the individual or the individual's employer or a labor union
can establish or maintain an IRA. As the individual is now
deceased, the spouse (who I assume inherited the IRA) can
not make a contribution for the decedent.

<< ================================================== ===== > << 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 06-02-2006, 06:53 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Posthumous IRA

Is this where we discussed this before? I just can't
remember.

Situation is that husband bought the farm last February and
finishing up their joint tax return, my software isn't even
fazed when we factor in a 4000$ IRA for him for 2005, even
though the program does know his date of death.

So the widow goes to the bank to add to his IRA, or open one
for him and bank refuses to do so. I don't find anything in
publication 590 prohibiting this, since it IS a joint
return, and she IS the executor of his estate. Maybe it's
just the bank. You reckon?

ChEAr$,
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. > << ================================================== ===== >
 

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