


Ask the community...
A quick tip from someone who went through this exact issue last year: Make sure you're also calculating the capital gain/loss correctly when you respond to the CP2000. Even though your ISO exercise income was on your W-2, you might still have a small capital gain or loss based on the difference between your sale price and the fair market value at exercise (which became your cost basis). This is the part many people miss! For example: If you exercised at $10/share, stock was worth $50/share at exercise (this $40 difference is on your W-2), and you sold same-day at $50.25/share, you still have a $0.25/share capital gain that should be reported. Make sure your response addresses both aspects - that the main income was already taxed via W-2 AND that you're properly reporting any small gain/loss from the actual sale.
Wow I didn't even think about that smaller capital gain part. So even with a same-day sale there could still be a tiny gain or loss between the exercise price and the actual sale price? In my case my shares were worth about $52 at exercise but I think they sold at $51.87 or something like that since the price dropped slightly during the day. Would that mean I actually had a small capital loss?
That's exactly right. In your example, if the shares were worth $52 at exercise (and that value was included in your W-2), but you sold at $51.87, you actually have a small capital loss of $0.13 per share. This loss should be reported on Schedule D. When responding to the CP2000, make this calculation clear to show you understand both components: the W-2 income portion AND the small capital loss. This demonstrates to the IRS that you're addressing the complete tax situation, not just half of it. It's these small details that make your response more credible and can help eliminate penalties.
Don't forget to request an abatement of any penalties they've proposed in the CP2000! Since this was your first time dealing with ISOs and you're not trying to hide income (it was on your W-2), you qualify for "reasonable cause" relief from penalties. Include a brief statement saying something like: "I request abatement of any penalties as I made an unintentional error in not reporting the 1099-B. The income was properly reported on my W-2 as shown in the attached documentation, demonstrating there was no intent to underreport income." I was in almost the identical situation in 2020 and not only did they remove the proposed tax adjustment, they also waived all penalties when I explained it was my first time dealing with equity compensation and I didn't understand the dual reporting requirement.
Just to add another perspective - I'm an estate attorney (not giving legal advice here) and we see this question frequently. The "deceased" designation on a prior year return is simply informational. It tells the IRS that as of the filing date, this taxpayer is deceased. It doesn't impact the calculation of taxes or filing status for that return - it just helps with administrative tracking. The IRS uses this information to update their records and handle future correspondence appropriately.
Does the spouse need to file anything special along with the return when they mark the other person as deceased? Like a death certificate or anything official?
For a joint return where one spouse is deceased, you generally don't need to submit a death certificate with the return itself. You simply write "DECEASED" after the deceased spouse's name at the top of the return, and include the date of death. If the surviving spouse is filing as the deceased taxpayer's personal representative, they should sign the return and write "Filing as surviving spouse" in the signature area. For more complex situations involving larger estates that require Form 706, additional documentation would be needed, but for typical joint returns, the notation is sufficient.
My wife passed in 2023 and I'm still figuring all of this out. One thing no one mentioned here - make sure you get multiple certified copies of the death certificate (like 15+). You'll need them for EVERYTHING - bank accounts, investment accounts, property transfers, insurance, and sometimes for tax purposes too.
So sorry for your loss. I went through this with my husband last year. Another tip: request a tax transcript from the IRS for the past few years. Sometimes there are refunds or issues you didn't know about, and it gives you a complete picture of what the IRS has on file.
Something else to consider - check if you qualify for the IRS Taxpayer Advocate Service. They're designed to help when normal IRS channels aren't working. If your situation is causing financial hardship (like you're waiting on a significant refund you need for living expenses), they might be able to help speed things up. The catch is that they're also overwhelmed with cases, but they can sometimes cut through the bureaucracy faster than waiting for the normal process. You can find your local office here: https://www.taxpayeradvocate.irs.gov/contact-us/
I tried the Taxpayer Advocate last year and they told me they couldn't help with identity verification cases unless there was a genuine financial hardship. Has this policy changed recently?
The policy hasn't officially changed, but in practice, it varies by office and how you present your case. Identity verification cases can qualify if you can demonstrate actual financial hardship (like facing eviction, utility shutoff, inability to pay for medications, etc.) caused by not receiving your refund. What's also changed is that some Taxpayer Advocate offices now have specialized staff just for handling identity verification backlogs. Worth calling your local office to check their current procedures, as they've been updating their approach to handle the massive backlog of these cases.
Has anyone tried going to their local IRS office in person for this? I'm wondering if bringing all my documents to an actual human might be faster than all this waiting around for forms and phone calls.
I did this last month and it worked perfectly! Called the appointment line (844-545-5640), got an appointment for the following week at my local office. Brought my ID, social security card, the IRS letter, and copies of my tax returns. The agent verified my identity on the spot and released my return for processing. Refund showed up 3 weeks later!
Tax pro here - I see this question a lot. The easiest way to think about it is: 1. How much state tax did you ACTUALLY pay last year? ($9,000 in your case) 2. How much did you get to deduct? ($6,500 in your case) 3. The difference ($2,500) is the amount you got NO tax benefit from 4. If your refund ($1,400) is less than this difference, it's NOT taxable You might need to use the worksheet in Publication 525 if you had other itemized deductions or if the standard deduction comes into play, but for most SALT cap situations, this simplified approach works.
Thanks for this simple breakdown! So just to confirm - in my case with $10,400 paid, $6,500 deducted, and $1,400 refunded - the refund is completely non-taxable? And would I still get a 1099-G from my state for the refund even though I don't need to report it?
Yes, your $1,400 refund would be completely non-taxable since it's less than the $3,900 difference between what you paid and what you were able to deduct. And yes, you'll still receive a 1099-G from your state because they don't know your specific federal tax situation. You'll need to report it on your federal return, but the tax software or worksheet will help you calculate that the taxable amount is $0. Don't skip reporting it just because the taxable amount is zero - that can trigger a mismatch notice from the IRS.
Does anyone know if there's a specific form I need to fill out for this? I'm doing my taxes by hand this year to save money and the instructions are confusing me.
You'll need to report the state refund on Schedule 1, Line 1. But you should complete the "State and Local Income Tax Refund Worksheet" in the 1040 instructions first to determine how much (if any) is actually taxable. If you're dealing with the SALT cap situation described in this thread, you may well calculate that $0 is taxable, but you still need to work through the worksheet.
Collins Angel
I'm a real estate investor with several properties, and I can tell you that properly maintaining depreciation schedules is crucial. From what you described, I suspect your previous preparer was just lazy or cutting corners. Here's what I would do in your situation: 1) Request your "Wage and Income Transcripts" and "Tax Return Transcripts" from the IRS for the years in question 2) Check if Form 4562 was actually filed (should be listed on the return transcript) 3) If it wasn't, your new preparer is right that someone needs to recreate it If you're comfortable with spreadsheets, you can actually do the basic calculation yourself to check if the amount makes sense: (Purchase price - land value)/27.5 = annual depreciation. If you've had the property since 2007, that $9745 amount should roughly match that formula.
0 coins
Dyllan Nantx
ā¢Thanks for the breakdown! I did some quick math and my purchase price minus land value works out to about $268,000 back then. Dividing by 27.5 gives almost exactly $9,745. So at least the amount seems right, even if the documentation is missing. Is there any risk to me that he wasn't filing the actual Form 4562? Or is it just important for proper record keeping going forward?
0 coins
Collins Angel
ā¢The good news is that the amount being claimed appears to be correct based on your calculation, which suggests your preparer was using the proper depreciation method even if they weren't providing you the documentation. The risk is primarily related to record keeping and potential audits. Without a proper Form 4562 history, you might face challenges if you ever sell the property and need to calculate your adjusted basis for determining capital gains. Additionally, if you were ever audited, the IRS would expect to see proper documentation supporting the depreciation claimed each year.
0 coins
Marcelle Drum
Just wanted to mention that recreating a depreciation schedule isn't necessarily super expensive. I'm surprised your new tax pro is making a big deal about it. When I switched accountants, mine recreated 8 years of depreciation schedules for about $150. They said it was pretty straightforward since residential rental property typically uses straight-line depreciation over 27.5 years. You might want to ask for a specific quote before assuming it'll be expensive. Also worth considering is that you'll need this documentation whenever you sell the property to properly calculate your adjusted basis and depreciation recapture, so it's an investment in proper record keeping.
0 coins
Tate Jensen
ā¢$150 seems really cheap. My accountant quoted me $375 to recreate a depreciation schedule for just one property that I'd owned for 5 years. I wonder if there's a big difference in complexity between properties or just in what different preparers charge?
0 coins