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Level 5
October 5, 2022
Question

Income received by deceased individual

  • October 5, 2022
  • 2 replies
  • 15 views

Husband died in TY2020, however his surviving spouse received W-2's, 1099's, etc with her husband's SS# during tax year TY2021. Filed MFJ for TY2020, but obviously can't file MFJ for TY2021.

Any thoughts as to how to report this income, and most importantly withholding, for TY2021?

 

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2 replies

sjrcpa
Level 15
October 5, 2022

On a decedent's estate 1041.  

The more I know the more I don’t know.
BobKamman
Level 15
October 5, 2022

You're telling us whose SSN was on the check, but not whose name.  Nor who cashed the check.  Nor the amount -- three figures, or five?  Sounds like income in respect of decedent that goes on widow's 2021 return.  Claiming the withholding might be a problem, but that's something she had more than a year to solve.  

jhbvtacpaAuthor
Level 5
October 5, 2022

About $40k in income, with $6k Fed w/h and $2k State w/h

All documents solely in deceased spouse's name, with monies sent via Direct Deposit to account opened over 50 years ago.

Form 1041? Report income on surviving spouse's Form 1040 with explanation statement for income/withholding?

Level 7
October 5, 2022

I doubt the IRS and State can match the withholding to widow's SSN and they won't read your statement. The amounts seem big enough to file a 1041, even if that's a hassle. Otherwise your client loses the withheld taxes.