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D
debramarion Asked July 2015

I just received a request from the IRS for taxes due from an amended return. There is no money. What should I do?

My father died recently. There is no estate or a personal representative. Assets were few and are gone.

vegaslady Jul 2015
Don't try the Taxpayer Advocate office (Ombudsman) until you try to solve this yourself. They don't have the time or staff to handle an issue you haven't even worked on yourself. So what do you do. Answer the correspondence requesting payment with correspondence of your own. Explain the situation. It's likely that this will go in the IRS file of uncollectible debts.

ramiller Jul 2015
But if you were not the executor and there was no will you may be OK. Instead of a pricey lawyer go see an enrolled agent at H &RBlock ask for one who deals with estates. They may give you a free initial consultation and they have year round offices

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pamstegma Jul 2015
OH NO! I hate to tell you this, but the IRS will go after the Executor. Wow. That's ugly, but the law requires the Executor to pay the taxes before distributing the "few assets".. Find a lawyer.

GardenArtist Jul 2015
Debra, is your mother dead also? If not, did they file joint returns? Do you have any copies of the tax returns your father filed?

You can order copies from the IRS, but since there's no money, I would contact the ombudsperson identified in the IRS booklets. I think it's toward the end of the 1040 booklet.

You could google the IRS and look for "Ombudsman". These are troubleshooters who can help work through the bureaucracy and solve problems.

In the past few years I've had to deal with some peculiar IRS mistakes. One year they sent a letter to my father advising him he couldn't receive his refund because he had to submit a different form, for claiming a refund on behalf of a dead person. - himself! How they concluded he died after he filed his return is beyond me.

But it may also be possible that they erred in determining that he owed taxes pursuant to an amended return. Was your father able before his death to know that if taxes were owed, they needed to be paid with the amended return?


And I'm sorry to read of your father's passing. You have my condolences, as well as hope that you're able to resolve the IRS issue. Someone in mourning doesn't need that kind of problem.

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