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Level 7
July 2, 2020
Question

How do I delete Form 1310 from a decedent's original tax return?

  • July 2, 2020
  • 13 replies
  • 61 views
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13 replies

david3Author
Level 7
July 2, 2020

I forgot to enter my detail before clicking post. 

It appears I'm caught in a loop. The instructions for Form 1310 say that the form is not required if the personal representative is filing an original 1040. The instructions also say the return can be e-filed if the court document appointing the personal representative is attached to the return.

I attached the court document to the original return. However, I cannot delete Form 1310 from the tax return even though it isn't required. The form stays in the return after several attempts to delete it.

The error message says I can't e-file since Form 1310 is included. Why does PS think Form 1310 needs to be included? How do I delete that form?

Do I simply give up and check box C (person other than a surviving spouse or personal representative) so the return can be e-filed? 

dkh
Level 15
July 3, 2020

Have you check the box on the Electronic Filing Information Worksheet > page 2 Miscellaneous Electronic Filing Items > 4th line down - surviving spouse is personal representative ?   

david3Author
Level 7
July 3, 2020

The personal representative isn't a surviving spouse. But I entered the name of the personal representative on the EF Info Worksheet in that same section hoping that it would allow me to be able to delete the 1310 and e-file. No luck. Still can't delete the 1310.

Thanks for your help.

Accountant-Man
Level 13
July 4, 2020

IDK why either, just paper file. It's not a sin.

** I am "Elevating with Intention!"
david3Author
Level 7
July 5, 2020

Well it's close to a sin. 🙂 Much easier to email or DocuSign.

Thanks.