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I'm confused about why everyone's focusing just on Schedule C. Couldn't OP potentially use these expenses to qualify for education credits instead? If the courses and software are improving skills related to your current job, they might qualify for the Lifetime Learning Credit. That would be worth looking into!

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The Lifetime Learning Credit is specifically for tuition and related expenses paid to an eligible educational institution. Regular professional software or website hosting definitely wouldn't qualify. Even professional development courses typically need to be through an accredited institution to count toward education credits, not just any online course or workshop.

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Dylan Hughes

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I faced a similar situation when I transitioned from freelancing to full-time employment. Here's what I learned from working with a tax professional: The IRS requires that Schedule C be used only for legitimate business income and expenses. Without any 1099 income or other self-employment earnings, you can't file Schedule C just to deduct professional expenses related to your W-2 job. However, you have a few potential options: 1. **Start small freelance work**: Even minimal freelance income (say $500-1000) would allow you to legitimately file Schedule C, as long as you have genuine profit motive and aren't just doing it to claim deductions. 2. **Check if your employer will reimburse**: Many employers will cover professional development, software subscriptions, or other job-related expenses if you ask. This is often more valuable than a tax deduction. 3. **Look into state-specific deductions**: Some states have deductions for remote work expenses or professional development that you might qualify for on your state return. 4. **Consider the educator expense deduction**: If you do any teaching or training as part of your work, you might qualify for up to $300 in unreimbursed educator expenses. The key is being honest about your intent and ensuring any business activity has genuine profit motive. The IRS looks unfavorably on arrangements that seem designed primarily to generate tax deductions rather than income.

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Joy Olmedo

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This is really helpful advice! I'm curious about the "genuine profit motive" requirement you mentioned. How does the IRS actually determine if someone has legitimate profit motive versus just trying to claim deductions? Are there specific factors they look for, or is it more subjective? I'm thinking about doing some small freelance projects but want to make sure I'm approaching it the right way from the start.

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Reporting Inherited Rental Property on Taxes While It's Still in Probate - Legal?

My father-in-law unexpectedly passed away in 2023 without leaving a will. He owned a condo that was his separate property that my mother-in-law disclaimed to me, following what we knew were his wishes. He had rented this condo out for years. Everything else went to my mother-in-law. Because they had substantial shared assets, the estate went into probate with my mother-in-law serving as executor. My mother-in-law is a tax preparer and has handled our family's taxes for years. She just sent us a draft of our 2024 taxes, and I noticed she included this condo on Schedule E. The problem is, the estate is still tied up in probate, and the estate's income taxes haven't even been filed yet. I don't have actual possession of the property - the deed is still in my father-in-law's name, as is the bank account where rent payments are deposited. I haven't met the tenant, anyone in the building management, or the property manager. I haven't received any distributions from the estate. Is it correct to include this rental property on our personal tax return? Is this even allowed? From my research online, it seems like the estate should be filing Form 1041 with this rental property and its income included, or my mother-in-law should be distributing the income with a Schedule K-1 to me. My understanding is that until the property is actually distributed and probate is closed, she can't put it on our personal return. Also, at what point is the property legally considered mine and should be included on our taxes? What triggers that change? Any guidance on how this should be handled would be greatly appreciated!

The Boss

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This is a great discussion with really solid advice! I went through something very similar when my grandmother passed and left me her duplex. The key thing that helped me was understanding the difference between "beneficial interest" (knowing you'll eventually inherit) versus "beneficial ownership" (actually having legal control). Even though the will clearly stated the property was mine, my attorney was very clear that until probate closed and the deed was transferred, the estate was the legal owner for tax purposes. We filed Form 1041 for the estate, and all rental income stayed there. What really drove this home for me was when I tried to contact the property management company about a repair issue - they wouldn't even talk to me because I wasn't the legal owner yet! That's when it clicked that if I can't make decisions about the property, I certainly shouldn't be reporting its income on my taxes. The stepped-up basis benefit others mentioned is huge too. My grandmother had owned her duplex since the 1980s and had depreciated it significantly. When I inherited it, I got to start fresh with the current market value as my basis - saved me thousands in future taxes. Stick with your instincts on this one. Your mother-in-law means well, but the estate should be handling this until probate closes.

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That's such a perfect example with the property management company! It really illustrates the practical reality of the situation - if you can't make decisions about repairs, maintenance, or tenant issues, then you definitely shouldn't be reporting the income either. I'm dealing with the exact same thing right now. The property manager won't even send me monthly statements because "the account is still under the estate." It's frustrating from a beneficiary standpoint, but it makes the tax reporting question crystal clear. Your point about beneficial interest vs. beneficial ownership is really helpful too. I think that distinction is what my mother-in-law might be missing. She sees that I'm the designated beneficiary and thinks that's enough, but legally I'm still just a beneficiary-in-waiting until the court says otherwise. Thanks for sharing your experience - it gives me more confidence to push back on including this on our personal return and insist on the Form 1041 approach instead.

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Dylan Fisher

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As a newcomer to this community, I found this discussion incredibly helpful and educational. The consensus here seems very clear - property still in probate should be reported on the estate's Form 1041, not on the beneficiary's personal Schedule E. What really struck me from reading through all these responses is how many people have faced similar situations, and how the practical realities (like not being able to contact property managers or access rental accounts) align perfectly with the tax reporting requirements. It makes sense that if you can't control or manage the property, you shouldn't be reporting its income. For someone like me who might face this situation in the future, the key takeaways seem to be: 1. Legal title matters more than beneficial interest for tax reporting 2. The estate should file Form 1041 until probate closes 3. Get that date-of-death appraisal for stepped-up basis 4. Don't rush the process - it's better to be correct than quick Thanks to everyone who shared their experiences and expertise. This is exactly the kind of practical, real-world guidance that makes this community so valuable!

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I've been dealing with amended returns for years and here's my tried-and-true approach: Call 1-800-829-1040 on Tuesday or Wednesday right at 7:00 AM ET sharp. Have your SSN, both returns (original and amended), and your bank routing info ready. But here's the insider tip most people don't know - ask the rep to check for any "unpostables" on your account. Sometimes amended returns get stuck because of small mismatches (like a slightly different name format from what's in their system). The rep can usually resolve these on the spot. Also, if you're expecting a refund over $1,000, they might transfer you to a different department that handles larger refunds - this is normal, don't hang up! The wait time resets but you'll get someone who can actually move things along. I've seen people get their refunds released same-day after being stuck for months once the right person looked at their case.

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This is incredibly helpful! I had no idea about asking for "unpostables" - that sounds like it could be exactly what's happening with mine. Quick question: when you mention the name format mismatch, do you mean like if I used my full middle name on the amended return but just a middle initial on the original? I'm wondering if that could be why mine is stuck since I think I might have done exactly that. Also, is there a specific way to ask about the unpostables, or do the reps know what you mean when you use that term?

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Esteban Tate

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Based on everyone's experiences here, I'd suggest trying multiple approaches since amended returns can be tricky. First, try calling 1-800-829-1040 early Tuesday morning around 7 AM ET with all your documentation ready (SSN, both returns, AGI from both, mailing address). If that doesn't work, the Taxpayer Advocate Service at 877-777-4778 might have shorter wait times. Since you filed in January and it's now March with no updates in the WMAR tool, you're getting close to that 16-20 week processing window others mentioned. One thing to consider - if this is causing financial hardship, definitely mention that when you call as it can sometimes expedite processing. Also worth checking your online IRS account for any transcript updates that might show processing codes before spending hours on hold. Sometimes the system updates there before the WMAR tool catches up. Good luck getting through - the waiting game with amended returns is frustrating but you're definitely entitled to know what's happening!

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Debra Bai

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I'm dealing with a very similar situation right now - been waiting since February with a 570 code on my amended return. Reading everyone's explanations about what "sending it over" means has been incredibly helpful! I had no idea that tax advocates have these special internal channels and priority systems. One thing I'm curious about - did your advocate give you any kind of reference number or case ID when she said she was sending it over? My advocate mentioned something about providing me with tracking information, but I haven't received anything yet. Also, are you able to see any changes on your IRS online account or transcript yet, or does that usually update after the processing is complete? Thanks for sharing your experience - it's so reassuring to know that others have gone through this exact process and come out the other side! Keeping my fingers crossed that your 570 code gets released soon.

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Paolo Ricci

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I'm in a very similar boat! Filed my amended return in January and have been stuck with a 570 code ever since. Just got assigned a tax advocate last week and she used almost the exact same language - said she was going to "send it over" to get things moving. From what I'm reading here, it sounds like we should both be seeing some progress soon! I haven't gotten a reference number yet either, but my advocate did say she'd follow up with me next week with an update. She mentioned that once she submits the OAR (which I now know thanks to this thread!), she should be able to give me a better timeline. As for the online account, mine still shows the same 570 code as of this morning, but based on what everyone's saying, it sounds like those updates come after the processing team actually works on it. Really hoping we both get some good news in the next couple weeks! This whole process has been such a learning experience.

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I'm going through something very similar right now! I've had a 570 code since December and just got assigned a tax advocate two weeks ago. Reading all these explanations about what "sending it over" actually means has been so enlightening - I had no idea there were all these internal processes and priority systems working behind the scenes. My advocate used almost identical language when we spoke last Friday. She said she was "forwarding my case" to the processing department and that I should expect movement within 2-3 weeks. Based on everyone's experiences here, it sounds like this is actually a really positive development! The whole OAR (Operations Assistance Request) system that @Isaiah Cross mentioned makes so much sense. It explains why some amended returns seem to get processed so much faster than others. After 4+ months of feeling completely in the dark about what was happening with my return, it's such a relief to finally understand the actual process. Connor, it sounds like your advocate is doing exactly what she should be doing. The fact that she's staying on your case and actively monitoring the progress is a great sign. Fingers crossed that both of our 570 codes get released soon - this waiting game has been exhausting! Keep us posted on any updates you get.

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Aiden Chen

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Great question! I went through this same struggle last year. Here are some additional red flags to watch out for that I learned the hard way: Be wary of EAs who guarantee huge refunds before seeing your documents - that's a major red flag. Also avoid anyone who asks you to sign blank forms or won't give you copies of your returns. One thing that really helped me was asking potential EAs about their experience with IRS audits and notices. Even if you don't expect problems, you want someone who can handle representation if issues arise. A good EA should be able to describe their process for dealing with IRS correspondence. Also, don't be afraid to ask about their continuing education. EAs are required to complete 72 hours of continuing education every 3 years, but many good ones do more. Someone who mentions recent tax law seminars or specialized training shows they're staying current. For your investment income and side business, specifically ask about their experience with Schedule C (business income) and Schedule D (capital gains). These are common enough that any competent EA should be comfortable with them, but you want someone who handles them regularly, not just occasionally.

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Jamal Brown

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These are excellent points! I especially appreciate the warning about guaranteed refunds - that sounds like something I could easily fall for if I'm desperate to maximize my return. The audit experience question is brilliant. I never considered that I might need representation later, but with my new side business, there's probably a higher chance of getting flagged for review. Better to have someone who knows what they're doing from the start. Quick follow-up: when you ask about their continuing education, what should I be listening for? Are there specific types of training or certifications that would be particularly relevant for someone with investment income and a small business?

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StarSeeker

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For continuing education, listen for mentions of recent training in areas like small business taxation, investment reporting (especially if you have complex investments like cryptocurrency or foreign accounts), and IRS procedures. Many EAs will mention specific courses from organizations like the National Association of Enrolled Agents or tax software companies. Also ask if they've attended any recent seminars on the Tax Cuts and Jobs Act changes that affect small businesses - things like the 20% pass-through deduction (Section 199A) can be complex and you want someone current on those rules. If they mention specialized certifications like becoming an Accredited Business Accountant/Advisor (ABA) or completing advanced courses in business taxation, that's a good sign they're investing in expertise relevant to your situation. The key is that they should be able to name specific recent training, not just say "I do my required hours." Good EAs are usually proud of their continuing education and happy to discuss what they've learned lately.

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Sarah Ali

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One thing I haven't seen mentioned yet is checking with your state's Board of Accountancy or licensing department. Many states maintain databases where you can verify not just that someone is an EA, but also check for any disciplinary actions or complaints filed against them. I learned this after hiring an EA who turned out to have had multiple client complaints (though nothing severe enough to lose their license). While the work was technically correct, the communication and professionalism issues made tax season much more stressful than it needed to be. For your investment income and side business situation, I'd also recommend asking potential EAs about their experience with quarterly estimated payments. Since you'll likely need to make these payments for your business income, you want someone who can help you calculate the right amounts and avoid underpayment penalties. Another practical tip: ask how they handle document collection and organization. A good EA should provide you with a checklist of what documents you'll need and may even offer secure online portals for sharing sensitive financial information. This becomes especially important when you have multiple income sources like you do. Finally, trust your gut during consultations. Technical competence is crucial, but you also want someone who explains things clearly and makes you feel comfortable asking questions. Tax issues can be stressful enough without having to deal with poor communication on top of it.

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This is such valuable advice, especially about checking with the state Board of Accountancy! I never would have thought to look for disciplinary actions, but that could save so much headache down the road. The point about quarterly estimated payments is really important for my situation. I'm already dreading having to figure out how much to pay each quarter for my side business, so finding an EA who can guide me through that process (and hopefully help me avoid penalties) would be huge. I'm curious about the secure online portals you mentioned - is this something most modern EAs offer, or should I specifically ask about it? With investment statements and business records, I'll have a lot of documents to share, and I'd much rather do it securely online than have to mail or drop off physical copies everywhere. Also, do you have any suggestions for what specific questions to ask about their estimated payment experience? I want to make sure I'm not just getting generic answers.

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