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My deceased mother received an IRS bill for unreported 1099R income - what now?

My mom passed away in February 2023. My dad has been gone for about 9 years. After mom died, we distributed all her money equally between myself and my 3 siblings according to her will. She had no debts at the time, and now has no remaining accounts or assets of any kind. The IRS just sent a notice (April 2023) saying she owes $12,300 in back taxes from 2021 because her accountant failed to report some 1099R retirement income. The letter was forwarded to me from her former nursing home address. Does this tax bill actually need to be paid? The letter only mentions her name, not any of us kids. And yes, I've verified this is a legitimate IRS notice. UPDATE: I've spent the last day learning more and getting nowhere. Mom's assets were all transferred to us kids as named beneficiaries on her accounts (payable upon death). No other assets like house or vehicles. I've been on the phone with multiple IRS representatives for hours. None will allow me to act on her behalf to even access her account or discuss the situation. Two agents actually suggested my deceased mother complete a Power of Attorney form. When I reminded them she was dead, they asked if I had informed the IRS of her death. I said no, isn't that the Social Security Administration's job? The agent said there's a form for the IRS. After putting me on hold, they came back saying there isn't a form after all and the info comes from SSA. When I asked if they knew she was dead yet, they said I'm "not authorized to receive that level of information about her account." I'm completely stuck. I don't want penalties and interest piling up, but I can't take any action on her behalf.

I'm dealing with a very similar situation right now with my late father's estate. One thing I learned that might help - even though your mom's assets were distributed through beneficiary designations, the IRS can still pursue what's called "transferee liability" against the beneficiaries if there were unpaid taxes at the time of transfer. The key is getting proper authorization to deal with the IRS on her behalf. Form 56 is definitely the right path, but make sure you're sending it to the correct IRS processing center for your state. I made the mistake of sending it to the wrong location initially and it delayed everything by months. Also, document everything with the IRS phone calls - dates, times, agent names/ID numbers. The inconsistent information you're getting is unfortunately typical, but having records helps if you need to escalate later. You might also want to request a manager or supervisor when you call back, as they tend to be more knowledgeable about deceased taxpayer procedures. The $12,300 won't just disappear, but you do have options for penalty abatement and possibly even an offer in compromise if the total distributed assets were less than the tax debt. Don't let the interest and penalties keep accumulating while you're stuck in this bureaucratic maze.

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Taylor To

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This is really helpful advice, especially about documenting the phone calls. I've been dealing with something similar and the IRS agents have given me completely contradictory information multiple times. Having those records saved me when I had to escalate to a supervisor who was able to see the pattern of misinformation I was getting from regular agents. One thing to add - when you do get Form 56 processed, make sure you get a confirmation letter from the IRS acknowledging your fiduciary status. Without that letter, some agents will still refuse to discuss the account even after the form is on file. It's frustrating but seems to be standard procedure.

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Yuki Sato

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I went through this exact nightmare when my grandmother passed in 2022. The IRS bureaucracy around deceased taxpayers is absolutely maddening, but here's what finally worked: First, you're right that the tax liability doesn't just disappear. Since your mom's assets were distributed through beneficiary designations, you and your siblings could potentially be liable as transferees if the IRS can prove the tax debt existed when you received the assets (which it sounds like it did). The Form 56 route is correct, but here's the key - you need to establish yourself as the "informal fiduciary" since no formal estate was opened. Include a cover letter explaining that all assets were distributed via beneficiary designations and that you're acting on behalf of the deceased taxpayer to resolve outstanding tax matters. Also, when you call the IRS, specifically ask for the "Deceased Taxpayer" unit - don't let them transfer you to general collections. The regular agents literally don't have training on these situations, which explains the ridiculous advice about getting a power of attorney from a dead person. Once you get Form 56 processed, you can request penalty abatement for reasonable cause (accountant error) and potentially set up a payment plan if needed. The actual tax plus interest will likely still be due, but you can eliminate the penalties which are usually a big chunk of these bills. Don't ignore this - the IRS has up to 10 years to collect and can absolutely pursue transferee liability against beneficiaries. Better to deal with it now before more penalties and interest accumulate.

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I received that letter february 1st and still nothing. transcripts haven't updated at all smh

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Sasha Reese

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have you tried checking your transcripts with taxr.ai? helped me understand why mine was stuck

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checking it out now, thanks fam šŸ’Æ

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I got the 4464C letter back in January for my 2023 return. They were reviewing my EITC claim since I had a new dependent. Took about 82 days total but I finally got my refund last week! The waiting is brutal but hang in there. One thing that helped was setting up informed delivery so I could see if any mail was coming from the IRS without having to wait for it to actually arrive.

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82 days is rough but at least you got it! I'm worried mine might take even longer since it's for 2022 taxes. Did you get any updates on your transcript during those 82 days or did it just randomly show up?

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Kevin Bell

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@Tyler Lefleur That s'actually really encouraging to hear! 82 days seems more manageable when you know there s'light at the end of the tunnel. Quick question - did your transcript show any movement during those 82 days or did everything just update all at once when they finished the review?

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Rami Samuels

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Just a heads up - if you end up filing without the official 1099-B, make sure you check the box on Form 8949 that indicates you're reporting transactions that weren't reported to you on a 1099-B. This lets the IRS know you're being transparent about not having the official form. Also, document EVERYTHING. Download your transaction history from Robinhood NOW, before it potentially disappears from your easy access. Take screenshots of your attempts to contact them. If there's ever an audit question, you want to show you made every effort to get the correct documents.

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This is solid advice. I'd add that you should also use the "proceeds not reported to IRS" checkbox if you're filing without a 1099-B. I had to do this last year and had no issues, but definitely do keep meticulous records of all your calculations.

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Diego Flores

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I work in tax preparation and see this Robinhood issue frequently. Here's what you need to know from a professional perspective: 1. **You MUST report all stock sales regardless of receiving a 1099-B.** The IRS requires you to report capital gains/losses even without the form. 2. **Robinhood's delay might be legitimate.** Complex situations like wash sales, corporate actions, or basis adjustments can delay forms until March 15th. 3. **For immediate action:** Download your complete transaction history from Robinhood (Account → Statements → Activity). This will have all your trades with dates, quantities, and prices. 4. **Calculate manually if needed:** Use FIFO (First In, First Out) method unless you specifically elected otherwise. Your proceeds minus your cost basis equals your gain/loss. 5. **Don't forget dividends:** Even $10+ in dividends must be reported. Check if you received a 1099-DIV or if it's combined with other forms. The key is accurate reporting with proper documentation. I've helped clients through IRS correspondence when brokers were late with forms, and as long as you report everything accurately and keep records, you'll be fine. Consider filing an extension if you're uncomfortable proceeding without the official form.

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Omar Zaki

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This is really helpful professional advice, thank you! I have a quick question about the FIFO method - if I bought the same stock multiple times at different prices throughout the year, do I need to track each individual purchase separately? Or can I just average out the cost basis? I'm worried about making mistakes with the calculations since I made quite a few trades.

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Carmen Ortiz

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Sorry to jump in with a dumb question, but if the OP just deposits the $2800 check and doesn't report anything on their taxes, would the IRS even know or care about such a small amount? Asking for... research purposes.

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Bad idea. Most government agencies report payments to the IRS. The county will likely issue a 1099 for the payment, so the IRS will know about it. If you don't report it, you'll probably get a letter asking why the income reported to them doesn't match what you reported on your return. Even if they didn't issue a 1099, intentionally failing to report income is tax fraud. Not worth the risk over a small amount that might not even result in much tax anyway if you calculate the basis correctly.

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I'm dealing with a similar situation right now - the state is taking a strip of my front yard for highway widening and offered me $3,200. After reading through all these comments, I'm realizing this is more complicated than I initially thought. One thing I haven't seen mentioned yet is whether you should get an independent appraisal of the taken property. The government's offer might not reflect the actual fair market value, which could affect your basis calculation and potential gain/loss. In my case, I'm wondering if $3,200 is actually fair compensation or if they're lowballing me. Also, has anyone dealt with the situation where improvements you made (like landscaping, fencing, etc.) are affected by the taking? I had put in some expensive landscaping in that front area a few years ago, and I'm not sure if that factors into the basis calculation or if I should be asking for additional compensation for those improvements. The involuntary conversion rules mentioned earlier sound helpful, but I'm curious if there are any specific deadlines I need to be aware of for making decisions about reinvestment or filing the proper forms.

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Great questions! For the independent appraisal, you absolutely have the right to challenge their offer. Many people don't realize that the initial government offer is often negotiable. If you think $3,200 is low, getting your own appraisal could help you negotiate a higher amount - and that higher amount would then be used for your tax calculations too. Regarding improvements like landscaping, those should definitely be included in your basis calculation if they added value to the property. Keep receipts for the landscaping work you did in that area. The tricky part is determining what portion of those improvements is allocable to the specific strip being taken. For the involuntary conversion deadlines, you generally have until the end of the second tax year following the year you receive the payment to reinvest in qualifying replacement property. But there can be exceptions, so definitely confirm the specific timeline that applies to your situation. Don't wait until the last minute to make these decisions!

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When I got my first 1099-R last year I was so confused! If you're using tax software like TurboTax or H&R Block, they actually make it pretty easy. You just enter the info from each box exactly as shown on the form. The software figures out the tax impact for you.

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Tax software doesn't always get it right though. I had a rollover that was coded incorrectly and the software didn't flag it. I had to manually override it or I would've paid penalties I didn't owe.

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Just to add to what others have said - when you file your return, that 1099-R gets reported on Form 8606 if you have any after-tax contributions, but for most people it goes directly on your Form 1040. The distribution amount from Box 1 gets added to your other income, and if you have that dreaded Code 1 in Box 7, you'll also need to file Form 5329 to calculate the 10% additional tax. One thing that might help soften the blow - if you can't pay the full tax bill when you file, the IRS does offer payment plans. The penalty and interest aren't fun, but it's better than ignoring it. Also, for future reference, if you ever need money from retirement accounts again, consider a 401k loan first if your plan allows it - you pay yourself back with interest instead of paying taxes and penalties.

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This is really helpful info! I had no idea about Form 5329 - I was just planning to use regular tax software and hoped it would handle everything automatically. The 401k loan idea is definitely something I wish I'd known about before. My plan actually did offer loans but nobody explained that it could've saved me thousands in taxes and penalties. Live and learn I guess! Thanks for mentioning the payment plan option too - with the penalty and taxes this is going to be a bigger hit than I expected.

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