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Make sure you're filing as "deceased" correctly. The tax return should have "DECEASED" written across the top with the date of death. The signature line should be signed by the executor as "Personal Representative for [brother's name]." Also, you might need to file Form 56 to notify the IRS of fiduciary relationship. And don't forget that your brother's standard deduction amount doesn't change just because he didn't live the full year - he's entitled to the full amount.
Speaking from experience - also make sure you're filing state taxes correctly too! Each state has slightly different rules for deceased taxpayers. Some require additional forms beyond what the federal return needs.
I'm so sorry for your loss, Sarah. Dealing with uncooperative employers during an already difficult time is incredibly frustrating. Here's something that might help - you can also try contacting your state's Department of Labor or Wage and Hour Division. They often have authority over employers who fail to provide required tax documents and can sometimes get faster results than going through the IRS alone. Additionally, if your brother had direct deposit, his bank statements showing the exact deposit amounts and dates can be very helpful for the IRS. They can often match this up with what the employer actually reported (or should have reported) to verify the accuracy of your estimates. One more thing - make sure you're keeping detailed records of every attempt you've made to get the W-2. Document dates, who you spoke with, what they said, etc. This documentation will be valuable if the IRS has any questions later and shows you made good-faith efforts to get the correct information. You're doing a great job helping your family through this difficult process. Don't let this employer's lack of cooperation add unnecessary stress - you have options and the IRS understands these situations happen.
Don't forget about conservation easements! These have been MASSIVELY abused. Basically, buy land for $1M, get a wildly inflated appraisal claiming it's worth $10M if developed, then donate a conservation easement (promising never to develop it) and claim a $9M tax deduction! The IRS has been fighting these syndicated deals but they're still happening. The deduction can be up to 50% of your AGI and carried forward 15 years. These are the real tax shelters the ultra-wealthy use.
My cousin got involved in one of these and is now under audit. The promoters claimed it was totally legitimate but the IRS is challenging the valuation. Be VERY careful with these aggressive tax strategies - they might save money initially but can cause huge headaches later.
This is such a great breakdown of how these strategies actually work! I had no idea about the conservation easement abuse - that sounds like a massive loophole that's way more aggressive than the stock donation strategies. One thing that's become clear from reading everyone's responses is that there's a big difference between legitimate tax planning (like bunching donations or using donor-advised funds properly) and the more questionable schemes like inflated art appraisals or syndicated conservation easements. For those of us with more modest incomes, it sounds like the key takeaway is focusing on the timing strategies - like bunching charitable donations in alternating years to maximize when you can itemize vs. take the standard deduction. That seems like a much safer approach than getting involved in any of these complex schemes that might trigger audits. Thanks everyone for explaining this so clearly! It's frustrating that the tax code allows for such manipulation, but at least now I understand how it actually works.
Exactly! This thread has been incredibly educational. As someone new to understanding these tax strategies, I really appreciate how everyone broke down the difference between legitimate planning and aggressive schemes. The bunching strategy you mentioned seems perfect for regular taxpayers like me - I never thought about timing my donations strategically to maximize when I itemize. It's kind of eye-opening that something so simple can save real money without any risk. What really strikes me is how these complex strategies seem designed to benefit people who already have significant wealth, while regular folks are left figuring out basic deduction timing. The conservation easement abuse especially sounds like it creates massive tax benefits for people who can afford to buy land just for tax purposes. Thanks to everyone who shared their expertise - this has been way more helpful than any of the generic tax advice articles I've been reading online!
Just went through this exact situation a few months ago! Your instinct is right - since the W-2C only changes state allocation without affecting your total income, you don't need to amend your federal return. The IRS doesn't care which state the income came from as long as the federal total is correct. For California, you'll likely need to file an amended state return (540X) to report the additional income that's now properly allocated there. The good news is California's amendment process is pretty straightforward online. Just make sure to include both your original W-2 and the W-2C when you file. Since you're still waiting on your California refund, I'd suggest calling the California Franchise Tax Board (FTB) first. They might be able to adjust your pending return directly rather than having you file a separate amendment, which could save you weeks of processing time. Their phone number is on the California tax website. One heads up - you'll probably owe additional California tax since more of your income is now allocated there, so be prepared for that when you make the correction!
This is really helpful advice! I'm definitely going to try calling the California FTB first to see if they can adjust my pending return directly. That would be so much easier than filing a whole amendment. Do you happen to know if there's a specific department or number I should ask for when I call? I want to make sure I get to someone who can actually help with W-2C corrections rather than getting bounced around between different departments. Also, when you say I'll probably owe additional California tax - should I expect to pay penalties or interest since this correction is coming after I already filed? Or do they typically waive those when it's due to employer error with a W-2C?
Hey Oliver! I actually dealt with something very similar last year when my employer issued a W-2C that moved income between states. A few quick points that might help: First, definitely try calling California FTB before filing an amendment - they were surprisingly helpful when I called. Ask for the "Individual Income Tax" department and specifically mention you have a W-2C correction affecting state income allocation. They have a dedicated process for handling these situations. Regarding penalties - California typically won't charge penalties or interest when the error was due to employer mistake, especially if you're correcting it promptly after receiving the W-2C. Just make sure to keep documentation showing when you received the corrected form. One thing that caught me off guard - the additional California tax you'll owe might affect your estimated tax payments for this year if the amount is significant. California sometimes requires you to adjust your withholding or make quarterly payments going forward to avoid underpayment penalties next year. Also, since you already got your federal refund, you're in good shape there. The fact that your federal numbers didn't change at all makes this much simpler than it could have been. Just focus on getting the California situation sorted out and you should be all set!
One more thing to consider - the timing of when you discovered the damage vs when it actually occurred can matter for which tax year you claim it in. If you discovered all this damage in early 2023 even though it happened in late 2022, you might have the option of which year to claim it in.
This is incorrect advice. Casualty losses must be claimed in the year they occurred, not when they were discovered. The only exception is for federally declared disaster areas, which this isn't. Please be careful about spreading misinformation.
I went through a very similar situation with tenant vandalism in 2021, and I can share some specific insights about the Form 4684 process that might help you. First, your approach is mostly correct - you'll need to file an amended return for 2022 since that's when the damage occurred. The key is properly documenting the "before and after" fair market value, which you can do even with partial repairs completed. For the fair market value calculation, the IRS accepts what's called the "cost to repair" method when you can't get a formal appraisal. Since you have $16k in documented materials costs, multiply this by 2.5-3 to estimate total repair costs (including labor). This gives you a reasonable estimate of value reduction that the IRS will accept if properly documented. Make sure you're also accounting for lost rental income during the repair period - this can be claimed as additional casualty loss if you can show the property was uninhabitable and you lost actual rental income. One critical point: save all your "before" photos and get a written statement from that appraiser you mentioned, even if it's just a brief email confirming the damage would have made the property unmarketable. The IRS loves contemporaneous documentation. Also, since you mentioned the tenant was arrested, try to get a copy of any police reports or court documents that reference the property damage - this strengthens your case that it was vandalism rather than normal wear and tear. Your estimated 25% value reduction seems reasonable given the scope of damage you described. With proper documentation, this should be a solid casualty loss claim.
This is really comprehensive advice, thank you! I hadn't considered the lost rental income aspect - the property was definitely uninhabitable for about 4 months while I did repairs. I was getting $1,800/month rent, so that's another $7,200 in losses I could potentially claim. One question about the "cost to repair" method - when you multiply materials by 2.5-3x, is that something the IRS specifically recognizes, or just an industry standard? I want to make sure I can defend that calculation if questioned. Also, regarding the police reports - they documented the condition when confirming the tenant had vacated, but didn't specifically investigate it as vandalism since the tenant was gone. Would that still be useful documentation, or should I try to get something more specific about the criminal nature of the damage?
NebulaNinja
Been through this process twice now - once took 3 weeks, the other time took 7 weeks. The difference was how quickly I responded to my advocate and how organized my paperwork was. My advice: create a dedicated email folder for all IRS correspondence, keep copies of everything you've already sent them, and be ready to resend documents immediately when they ask. Also don't panic if you don't hear anything for a few weeks - no news can actually be good news in this case since it usually means they're working on it behind the scenes.
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Manny Lark
ā¢This is really helpful advice! I'm dealing with a similar situation and definitely learned the hard way about being organized. My advocate asked me to resend the same W2 three times because I didn't keep track of what I'd already sent š¤¦āāļø The dedicated email folder tip is gold - wish I'd thought of that earlier. Did you find calling your advocate directly was better than email, or did they prefer one method over the other?
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Derek Olson
I'm currently going through this same process! My congressman's office got me connected with a tax advocate about 10 days ago. The advocate called me within 48 hours which was a relief after months of getting nowhere with regular IRS phone lines. She explained that my case involves some additional verification steps that are causing the delay, but said she'd put a priority flag on it. Haven't gotten the refund yet but at least I finally feel like someone is actually working on it. The advocate told me to expect 3-6 weeks from our initial call, so fingers crossed! Will update this thread when I hear something.
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Keisha Brown
ā¢That's encouraging to hear! 48 hours is pretty fast for getting that initial call - gives me hope since I'm still waiting for mine to reach out. The priority flag sounds promising too. Definitely keep us posted on how it goes! It's so helpful to hear from people going through the same thing right now instead of just horror stories from years ago. How did your congressman's office handle the handoff? Did they give you a direct number for the advocate or are you supposed to go back through them if you need updates?
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