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I'm so sorry for the loss of both your parents and the additional burden this irresponsible preparer has put on you during such a difficult time. This situation is infuriating but unfortunately not uncommon. Here's a prioritized action plan based on what's worked for others: **Immediate steps:** 1. File Form 56 (Notice of Fiduciary Relationship) with the IRS immediately to establish your legal authority 2. Submit Form 4506-T requesting wage and income transcripts for 2022 - this will show you all reported income even if no return was filed 3. Send the CPA a final certified letter demanding all documents within 10 business days, stating you'll file complaints if she doesn't comply **For getting help faster:** - Contact your state's Attorney General consumer protection division - they often have specific procedures for tax preparer misconduct - File complaints with your state board of accountancy and include all documentation of your attempts to retrieve the documents **Document reconstruction:** - Contact all potential income sources directly (pension providers, Social Security Administration, banks, investment companies) with death certificates and executor documents - Check with any financial advisors, insurance agents, or mortgage companies your parents worked with - they often keep copies of tax returns clients provided - Review bank statements for quarterly estimated tax payments to the IRS The IRS has reasonable cause provisions for situations exactly like yours. Keep detailed records of every attempt to contact this preparer - it will be crucial for penalty abatement later. You're handling this exactly right, and the IRS will work with you once you get through to them. Stay strong!
This is such a comprehensive action plan, Sophie - thank you for laying it out so clearly with priorities. Having everything organized like this makes the whole process feel much more manageable. I'm going to start with filing Form 56 first thing tomorrow morning, then get the Form 4506-T submitted right after. The certified letter to the CPA is also going out this week - I've been too polite for too long and it's time to be more direct about the consequences of her continued non-cooperation. Your point about contacting the Attorney General's office is something I'm definitely going to pursue. I had no idea they had specific procedures for tax preparer misconduct, but it makes perfect sense that they would. One quick question about the document reconstruction - when contacting the pension providers and investment companies, do you know if they typically require original death certificates or will certified copies work? I want to make sure I have enough copies before I start reaching out to everyone. It's been really encouraging to get so much helpful advice from this community. Dealing with estate issues while grieving is hard enough without having to navigate someone else's professional misconduct on top of it. Having a clear path forward really helps reduce the stress and uncertainty.
I'm so sorry for the loss of both your parents, Oliver. What an incredibly frustrating situation to deal with during an already difficult time. This preparer's behavior is completely unethical and unfortunately all too common. Based on the excellent advice already shared, I'd add one more resource that might help: consider reaching out to the Taxpayer Advocate Service (TAS) at 877-777-4778. They specifically help taxpayers who are experiencing financial difficulty, facing an immediate threat of adverse action, or haven't been able to resolve their tax issues through normal IRS channels. Your situation as an executor dealing with unfiled returns due to preparer misconduct would likely qualify for their assistance. TAS can often expedite transcript requests and help coordinate multiple issues with the IRS more efficiently than trying to handle each piece separately. They also have experience with reasonable cause penalty abatement for situations exactly like yours. Also, when you do get through to the IRS (whether through the regular channels or one of the services others have mentioned), ask specifically about "First Time Penalty Abatement" in addition to reasonable cause relief. If your parents had a clean compliance history before this situation, they may qualify for automatic penalty relief on certain penalties even without having to prove reasonable cause. Document everything you're doing to resolve this situation - your proactive efforts will work in your favor when it comes time to request penalty relief. You're handling this exactly right despite the preparer's complete failure to meet her professional obligations.
Thank you Bruno, this is incredibly helpful advice! I hadn't heard of the Taxpayer Advocate Service before, but it sounds like exactly what I need given how complex this situation has become. The idea that they can help coordinate multiple issues with the IRS rather than handling each piece separately is really appealing - I was starting to feel overwhelmed by all the different forms and requests I need to make. The point about "First Time Penalty Abatement" is particularly interesting. My parents were very conscientious about their taxes for decades before this mess, so they should have a clean compliance history. It's good to know there might be automatic relief available beyond just the reasonable cause provisions. I'm going to call TAS this week along with filing all the forms others have suggested. Having an advocate who understands these situations could make a huge difference in getting everything resolved efficiently. It's been really encouraging to see how many people have shared similar experiences and practical solutions. This whole situation has felt so isolating and frustrating, but knowing there are established processes for dealing with preparer misconduct and resources like TAS available gives me hope that I can get this sorted out properly.
Does anyone use actual mileage tracker apps they recommend? I've been using MileIQ but it's getting expensive and doesn't always capture my trips correctly.
I switched to Everlance last year after trying several others. The free version lets you track 30 trips a month, and the paid version is cheaper than MileIQ. The automatic tracking works consistently for me, and it classifies trips based on your work hours or locations you set.
Great question! You're right to wonder about this - a mileage log alone isn't bulletproof, but it becomes much stronger when it's part of a consistent pattern of documentation. The IRS considers a contemporaneous mileage log (kept in real-time, not recreated later) as "adequate records" under Section 274 of the tax code. But what makes it credible isn't just the log itself - it's the supporting context. If you're audited, they'll look at whether your claimed mileage makes sense given your business activities, client locations, and income reported. Here's what strengthens a mileage log: consistency in your record-keeping style, logical trip patterns that align with your business needs, and supporting documentation like appointment calendars, client invoices showing service locations, or even credit card receipts from gas stations along your routes. The key is being genuine about your record-keeping from day one. Don't try to recreate months of logs at tax time - that's when it looks suspicious. Keep it simple: date, odometer start/end, destination, business purpose. The IRS audit rate is low, but if selected, having real contemporaneous records will serve you well.
This is really helpful! I'm just starting my side business and want to make sure I do this right from the beginning. When you mention "contemporaneous" record-keeping, does that mean I need to write down the mileage immediately after each trip, or is it okay if I update my log at the end of each day with all the trips I made that day? Also, for the business purpose - how detailed does that need to be? Is "client meeting" sufficient, or should I include the client name and what we discussed?
Random question but has anyone used TurboTax Self-Employed for calculating the QBI deduction for an engineering LLC? I tried last year and it seemed to automatically disqualify me completely when I selected "engineering services" even though my income was under the threshold. Had to override it manually and now I'm worried about getting audited.
Great question about the QBI deduction! As an engineering consultant myself, I can confirm that you can absolutely qualify for the 20% deduction even though engineering is considered an SSTB. The key is your income level - since you're married filing jointly and under the $340,100 threshold, you should get the full deduction regardless of the SSTB designation. One thing I'd add to the excellent advice already given - when you do convert to S-corp (which sounds like a smart move for your income level), make sure you understand that the QBI deduction applies to the K-1 income from the S-corp, not your W-2 wages. So if you're paying yourself $120k in salary and taking $80k in distributions, only the $80k would be eligible for the QBI deduction. Also, definitely keep detailed records of your business activities. I've found that many engineering consultants actually do work that falls outside the strict SSTB definition - things like project management, training, or business process consulting. These activities might qualify for QBI even above the income thresholds if properly documented.
This is really helpful information! I'm just starting to understand all of this as a newcomer to the engineering consulting world. Your point about S-corp income allocation is particularly interesting - I hadn't realized that only the K-1 distributions would qualify for QBI, not the salary portion. Quick follow-up question: when you mention documenting activities that fall outside the SSTB definition, do you need to get any kind of pre-approval from the IRS, or is it just a matter of having good records in case of an audit? I do quite a bit of project management and client training as part of my consulting work, so this could potentially apply to my situation too.
Just as a practical tip - I always staple the incorrect 1099 behind the corrected one and write "SUPERSEDED" in big letters across the front of the incorrect one. That way if I need to reference my paperwork later, there's no confusion about which form was the final version.
Do you actually mail in your 1099 forms when you file? I thought you just kept them for your records and entered the info in your tax software.
I don't mail them in - I keep them for my own records. But having them organized this way helps me if I need to reference them later, especially if I get questions from the IRS. You're right that you typically don't send in your 1099 forms with your tax return when e-filing. You just enter the information from them. But keeping good records of which form is correct is important for your own reference and in case of an audit.
My accountant told me that income isn't technically "received" until you have access to it. Since your check was lost and the money went back into your Zazzle account, you technically haven't received it yet for tax purposes. The corrected 1099 showing $0 is the right approach by the company. You'll report that income in whatever tax year you actually get the money - either by successfully receiving a check or using the funds from your account in some way that constitutes receipt of income.
Is that still true if the money is in their account but they could withdraw it anytime? Like if the OP just chose not to request another check but could have?
That's a good question about constructive receipt. Generally, if you have unrestricted access to funds (like being able to request another withdrawal), the IRS might consider that as having received the income. However, in this specific case where the original payment method failed and the company corrected their 1099 to show $0, it seems like they're treating it as income not yet distributed. The timing rules can get complex, so it might be worth confirming this approach with a tax professional if the amount is significant.
Marilyn Dixon
This is exactly the situation I was in two years ago with my consulting partnership. The debt basis rules definitely work as described here, but I want to emphasize something that caught me off guard: make sure your loan agreement includes a personal guarantee or similar provision showing you're truly at risk for the money. In my case, I had loaned $50K to the partnership but structured it poorly - the loan was secured only by partnership assets, which meant if the partnership failed, I might not be able to collect. During an audit, the IRS agent questioned whether I was truly "at risk" for the full amount, which could have limited my loss deductions even though I had sufficient basis. We ended up being okay because I could demonstrate that the partnership assets were worth more than the loan amount, but it was a stressful few months. The lesson is that having proper loan documentation is just the starting point - you also need to think about the economic substance of the arrangement. One more practical tip: if your partnership is going to be unprofitable for several years like you mentioned, consider whether it makes sense to structure some of your contributions as debt rather than equity from the beginning. This gives you more flexibility in claiming losses and potentially better tax treatment when you eventually get repaid.
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Anastasia Sokolov
β’This is really valuable insight about the personal guarantee aspect - I hadn't considered that the security structure of the loan could affect the at-risk determination. In my case, I did structure the loan as unsecured debt with a personal guarantee, but I'm wondering about something else you mentioned. You said to consider structuring initial contributions as debt rather than equity - doesn't that create complications with the partnership's balance sheet and capital accounts? I'm trying to understand the trade-offs between having more debt basis for loss absorption versus maintaining proper partnership equity structure for potential future investors or if we ever want to bring in new partners. Also, did the IRS audit focus specifically on your partnership returns, or did it start from your individual return where you claimed the losses? I'm trying to get a sense of what triggers scrutiny in these situations.
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Mateo Martinez
β’You raise excellent questions about the balance sheet implications. You're right that structuring too much as debt can complicate things, especially for future partners. The key is finding the right balance - enough debt basis to absorb expected losses, but not so much that it creates operational complications. Regarding capital accounts, debt doesn't affect partner capital accounts the way equity contributions do, which can actually be helpful in some situations. But if you're planning to bring in investors, they'll want to see adequate equity capitalization, not just a highly leveraged partnership. The audit actually started from my individual return - specifically, the large partnership loss I claimed triggered their automated screening systems. The IRS then expanded it to examine the partnership's books and the loan documentation. What saved me was having contemporaneous documentation showing the business purpose for the loan and evidence that it was arms-length (market interest rate, formal terms, etc.). One thing that helped during the audit was showing that the loan was necessary for the partnership's operations, not just a tax planning strategy. We had cash flow projections demonstrating why the partnership needed the capital injection, and the loan was the most practical way to provide it while maintaining flexibility for both parties.
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Aria Khan
Something that hasn't been mentioned yet is the importance of maintaining consistent treatment of your loans across all your tax filings. I learned this the hard way when I had a similar partnership situation. Make sure that if you're treating the loan as debt basis for claiming losses on your individual return, the partnership is also consistently treating it as a liability on their books and tax returns. Any inconsistency between how you and the partnership report the same transaction can trigger IRS scrutiny. Also, if your partnership agreement has special allocation provisions, be extra careful about how those interact with your debt basis calculations. I had a situation where our partnership agreement allocated certain types of losses disproportionately to partners who had made loans, and the IRS initially challenged whether this was economically reasonable. One more thing to consider: document your business reasons for making the loan rather than additional equity contributions. Having clear documentation of why the loan structure served legitimate business purposes (maintaining partnership flexibility, personal liability protection, etc.) can be crucial if you're ever audited. The IRS looks more favorably on arrangements that have substance beyond just tax benefits. Keep detailed contemporaneous records of all basis calculations, especially as the partnership moves through different phases of profitability. It becomes much harder to reconstruct these calculations years later if questions arise.
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Henrietta Beasley
β’This is excellent advice about maintaining consistency across returns. I'm just getting started with partnership accounting and wondering about the practical mechanics - when you say the partnership needs to treat it as a liability on their books, does that mean it should show up on the partnership's balance sheet (Form 1065) the same way it would for any other creditor? Also, regarding the special allocation provisions you mentioned, how do you determine what's "economically reasonable" from the IRS perspective? Our partnership agreement does have some provisions about how losses get allocated based on who's providing additional funding, and I want to make sure we're not setting ourselves up for problems down the road. Finally, do you have any recommendations for software or tools that help track the dual basis calculations (capital vs debt) over time? I'm trying to set up a system now while things are simple rather than trying to reconstruct everything later.
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