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This is a really complex situation that raises several red flags from a tax perspective. The one-day timing between the quit claim deed and the sale is going to draw scrutiny from the IRS, and you need to be prepared for potential challenges. Here are the key issues you're dealing with: 1. **Step Transaction Doctrine**: The IRS could argue this was a sham transaction designed purely to split capital gains tax. You'll need to document legitimate non-tax reasons for the transfer timing. 2. **Gift Tax Requirements**: Your father-in-law needs to file Form 709 for gifting a $225,000 interest in the property, even though he can likely use his lifetime exemption to avoid actual tax. 3. **Basis Calculation**: Yes, your wife gets carryover basis (father's original cost plus improvements), but only if the IRS accepts the validity of the gift transfer. My recommendation: Get professional tax advice immediately. A tax attorney or CPA experienced with property transactions can help you document the legitimate reasons for the timing and prepare for potential IRS challenges. The potential penalties for getting this wrong (both income tax and gift tax issues) far exceed the cost of professional guidance. Don't try to handle this alone - the stakes are too high and the transaction structure is too suspicious-looking without proper documentation and professional support.
This is exactly the kind of professional advice Isabella needs right now. The combination of the step transaction risk, gift tax filing requirements, and potential IRS scrutiny makes this way too risky to handle without expert guidance. @Isabella Russo - I d'add that you should also consider whether there s'any documentation that could support legitimate reasons for the timing. Did her father have health concerns that made him want to ensure she was on the deed before closing? Was this part of broader estate planning? Any emails, texts, or other communications around that time that show non-tax motivations could be crucial if the IRS questions this. The fact that you re'asking these questions now shows you re'being diligent, but professional help is definitely worth the investment given what s'at stake here.
I've been following this discussion and I think everyone is giving you solid advice about the complexity here. As someone who went through IRS scrutiny on a property transfer (though mine was an inheritance situation), I can tell you that documentation is absolutely everything. The carryover basis calculation that Rajiv explained is correct - your wife takes her father's adjusted basis for her portion. But given the one-day timing, you really need to focus on two things: 1. **Gather ALL improvement documentation now** - receipts, permits, contracts, even photos with dates. The IRS will want to see everything that went into her father's adjusted basis calculation. 2. **Document legitimate reasons for the timing** - was this part of estate planning discussions that had been ongoing? Health concerns? Family financial planning? Any paper trail (emails, texts, financial advisor communications) that shows this wasn't just a last-minute tax strategy. I'd also suggest getting a professional tax preparer who has experience with these situations. The intersection of gift tax, step transaction doctrine, and basis calculations is too complex to risk getting wrong. The cost of professional help will be far less than potential penalties and interest if the IRS challenges this. The good news is that if you can document legitimate reasons and properly calculate the basis, this type of transaction isn't automatically invalid. But the burden will be on you to prove it wasn't just tax avoidance.
This is all really helpful advice, thank you! I'm definitely feeling overwhelmed by all the potential issues we might face. The timing really was unfortunate - her dad had been talking about adding her to the deed for months as part of his estate planning, but he kept putting off the paperwork. When the buyer came along with a cash offer, everything happened so fast that he finally did the quit claim deed right before closing. We do have some text messages between him and my wife from earlier in the year where he mentioned wanting to "make sure the house goes to you kids" and discussions about avoiding probate. Hopefully that helps show this wasn't just a last-minute tax scheme. I'm definitely going to find a tax professional who specializes in property transactions. This is way more complicated than I initially thought, and the potential penalties you all mentioned are scary. Better to pay for expert help now than deal with IRS problems later. @Fatima Al-Mazrouei - did the IRS accept your documentation when they scrutinized your situation? How long did that process take?
Have you tried contacting a Taxpayer Advocate? They're supposed to help when normal channels aren't working! I'm worried about your quarterly issue causing cascading problems if it's not resolved quickly. Would your accountant be able to help navigate this? So frustrating that our tax system makes it this difficult to just talk to someone!
I feel your frustration! As someone who's dealt with similar IRS phone issues, I found success with a few strategies: First, try the automated callback feature when available - you can request a callback instead of waiting on hold. Second, consider faxing your inquiry to the Business & Specialty Tax Line at 855-641-6935 with your specific discrepancy details and contact info. Third, if this is truly time-sensitive for your estimated payments, you might qualify for Taxpayer Advocate Services (mentioned by others) - they have authority to expedite cases that could cause financial hardship. Also, check if your issue can be resolved through your online IRS account or by mailing Form 843 if it's about penalties/interest. Document everything for your records!
I'm confused about something. If the mom died in 2021 and the dad died in 2022, how were they filing a joint return? I thought you could only file jointly if both spouses were alive at the end of the tax year?
You can actually file a joint return in the year one spouse dies. The surviving spouse can file jointly for that tax year, indicating "deceased" next to the deceased spouse's name. It's called a "surviving spouse" filing status. But you're right that they couldn't file jointly for 2022 if the mom died in 2021, unless I'm misunderstanding something about the original post.
Just to clarify the timeline - the original post mentions mom died in June 2023 and dad died in April 2024. Dad filed a joint return for 2023, which is completely valid since mom was alive for part of that tax year. When one spouse dies during the tax year, the surviving spouse can still file a joint return for that year. The confusion might be coming from misreading the dates. Since dad filed the 2023 joint return after mom's death but before his own death in 2024, everything follows normal tax rules. The refund is now part of dad's estate since he was the last surviving taxpayer on that return. @f0a5c9e0aa63 - You should definitely review that trust document carefully. Even if it doesn't specifically mention tax refunds, it might have language about how "income" or "assets" from joint accounts or filings should be distributed between the families. This could impact whether your stepsister has any claim to the refund.
Thanks for clarifying the timeline - I was getting confused by all the different dates mentioned in the thread. That makes much more sense now about the joint filing being valid. One thing I'm wondering about is whether the tax preparer should have advised differently about applying the refund to 2024 taxes versus requesting it immediately for estate distribution. It seems like from what everyone is saying here, requesting it now might be the better approach for closing out the estate properly. @f0a5c9e0aa63 Have you considered getting a second opinion from another tax professional who specializes in estate tax matters? It sounds like this situation might be more complex than your current preparer initially realized, especially with the trust and potential family claims involved.
I work in a university bursar's office, and I can confirm what others have said. The official start date of the term according to the institution's academic calendar is what matters for 1098-T reporting, not when classes begin. Many universities (including mine) officially start the Spring term in December for administrative and financial aid purposes, even though students don't attend classes until January. This is completely normal and actually benefits students/parents because it allows the education expenses to be claimed in the earlier tax year. If your university has provided documentation showing the term officially begins in December, then the form is correct with Box 7 unchecked. You should claim any eligible education credits on your 2024 return.
Is this something that varies by university? My daughter attends a school where they always check Box 7 for Spring semester payments made in December. Now I'm worried we've been reporting incorrectly for years.
Yes, this absolutely varies by university. Each institution sets its own official academic calendar. At some schools, the Spring term officially begins in January, in which case Box 7 SHOULD be checked for December payments. At other schools (like the OP's and mine), Spring term officially begins in December, so Box 7 should NOT be checked. Neither approach is incorrect - it simply depends on when the institution officially starts the term in their system. If your daughter's school is checking Box 7, that means their Spring term officially begins in January, and they're correctly indicating that December payments are for a term starting in the following year.
I had this exact situation with my kid's college last year! The school's explanation is correct - it's about when the term OFFICIALLY begins according to the school's academic calendar, not when classes actually start. Our university does the same thing - the spring semester officially begins December 15th for financial and administrative purposes, even though classes don't start until mid-January. It's actually beneficial for tax purposes because it means you can claim the education credit in the earlier tax year. As long as the university can document that the term officially begins in December, the 1098-T is correct with Box 7 unchecked. Just keep the documentation from the school in case the IRS ever questions it.
Carmen Reyes
Just want to add that if you're really anxious about what they might need, you can also check if your tax preparer (if you used one) has any insights. Sometimes they've seen similar requests from NY and can give you a heads up on what to gather while you wait for the letter. Also, make sure you keep checking that refund status page every few days - sometimes it updates with more specific info or the status changes before the letter even arrives. I've seen people get their refunds processed faster than expected when they stayed on top of it. The good news is that NY generally processes these verification requests pretty efficiently once they have what they need. Most people I know who've gone through this got their refunds within a month of sending in the docs. Hang in there!
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Zara Shah
β’Great point about checking with your tax preparer! I used TurboTax and when I called them about a similar situation, they actually had a whole section in their help center about NY state verification letters. They even had sample letters showing what the most common requests look like. Also totally agree about checking the status page frequently - mine actually updated to show "documents received" about 3 days before I got any official confirmation. It's like a little breadcrumb trail that helps reduce the anxiety of not knowing what's happening with your money! One more tip: when you do upload the documents online, take screenshots of the confirmation pages. I've heard of people having issues where the system didn't properly record their submission, so having proof helps if you need to follow up.
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A Man D Mortal
I'm going through the exact same thing right now! Got that message on the NY tax site about 5 days ago and have been checking my mailbox obsessively ever since. It's so frustrating not knowing what they want. From reading everyone's experiences here, it sounds like it's usually pretty routine stuff - W-2s, identity verification, maybe some supporting docs for deductions. I'm trying to stay optimistic that it's just their standard fraud prevention measures kicking in. One thing I'm wondering about - has anyone here had experience with the email alerts feature they mention? I signed up for it hoping it might give me updates when they receive my documents (whenever I finally get that letter and can respond). Curious if those alerts actually work or if they're just for the final refund approval. Also appreciate everyone mentioning the online upload option. I was planning to mail everything but sounds like digital is definitely the way to go for faster processing. Fingers crossed we both get our letters soon and can get this resolved quickly!
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