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How to complete 2848 for surviving spouse to sign tax return?

gsa11
Level 3

Wife died last year and husband is catching up on a couple years of tax returns with a balance due each year.  After completing the appropriate boxes in Proseries, the EF Info Worksheet noted an error about whether I was attaching a pdf or mailing in the 2848.  I've been following the official IRS instructions to complete the 2848 for the husband to sign the tax return and I feel like I'm going in a circle.  This is what I've pulled from the instructions:

Line 1 Deceased taxpayer name/address/Tax ID (supposedly also the husband's name and title except there is no space in Proseries to include it)

Line 2 (Is this the husband? Except the IRS says "You may only name individuals who are eligible to practice before the IRS as representatives.")

Line 3 Income, 1040, 2019-2022

Line 4 Does this box need checked?

Line 5a check box for "sign return" and write “This power of attorney is being filed pursuant to 26 CFR 1.6012-1(a) (5), which requires a power of attorney to be attached to a return if a return is signed by an agent by reason of c) Specific permission is requested of and granted by the IRS for other good cause [of death].

Line 7/Part II are signatures

Help appreciated!

0 Cheers
3 Comments 3
BobKamman
Level 15

This comes under the category of, "When IRS says Jump!, we all must ask How High"?"

My mother used to compare some people to chickens running around with their heads cut off.  Did your mother do that?  I would make it easy on a widower and have him sign a paper return.  They'll still cash the check quickly.  I think.  Although some people are complaining about that also. 

Question
My spouse passed away last year, and I want to file a joint return. How should I file, how should I sign, and are there any special notations required to indicate my spouse is deceased?
Answer
  • Across the top of the return - above the area where you enter your address, write "Deceased," your spouse’s name, and the date of death.
  • When you're a surviving spouse filing a joint return and a personal representative hasn't been appointed, you should sign the return and write "filing as surviving spouse" in the signature area below your signature.
  • When you're a surviving spouse filing a joint return and a personal representative has been appointed, you and the personal representative should sign the return.
  • A decedent taxpayer's tax return can be filed electronically. Follow the specific directions provided by your preparation software for proper signature and notation requirements.

https://www.irs.gov/faqs/irs-procedures/signing-the-return/signing-the-return#:~:text=How%20should%2....

Terry53029
Level 14
Level 14

If you are using ProSeries just put date of death in info worksheet, and the program will write "deceased" across top of the 1040 for you and you can efile current, and two previous years. Then follow Bobs advice for signing 

taxes96786
Level 9

Surviving spouse files a 1310, not a 2848.