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form 1310 errors

dstuber
Level 1

Last month, I filed an extension for a client who has since passed away. I’ve now completed the return, and there is a refund due. The executor will be signing the return, and I’d prefer to have them e-sign so I can e-file it.

However, I’m encountering an issue with Form 1310—specifically Part I. No matter which box I check, I receive an error message. Box B is the appropriate selection in this case, but I’m unable to clear the error.

Do you have any suggestions for resolving this, or would I need to proceed with a manual signature and mail the return instead?

Thank you.

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7 Comments 7
sjrcpa
Level 15

I usually end up paper filing.

@Just-Lisa-Now- has magic ways and can get hers to efile.


The more I know the more I don’t know.
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Just-Lisa-Now-
Level 15
Level 15

I just had one that the daughter is claiming the refund for her father that died. 

I marked Box C at the top, Proof of death in my possession box is checked.

Then in Part II     

1. No

2a. No   

3. Yes

E-filed no problem.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BobKamman
Level 15

@Just-Lisa-Now- The problem with that is answering "no" to the question about whether a personal representative has been appointed.  

Box B also requires a copy of the court appointment document to be attached.  And the 1310 instructions tell us that the form does not need to be attached.  Apparently there are so few taxpayers dying these days, that no one has bothered to match the e-filing protocols with what IRS says it wants.  

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Just-Lisa-Now-
Level 15
Level 15

It says has a court appointed a personal rep for the estate, is that the same as a trustee or executor being named?


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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BobKamman
Level 15

As the Form 1310 instructions explain,

Personal Representative
For purposes of this form, a personal representative is the
executor or administrator of the decedent’s estate, as
appointed or certified by the court.  

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Terry53029
Level 15
Level 15

@Just-Lisa-Now- I do same, and have no issues e-filing

BobKamman
Level 15

So you're saying that you advise clients who have been appointed personal representative (executor, administrator) to claim that they have not been, and then sign the Form 1310 "Under penalties of perjury, I declare that I have examined this claim, and to the best of my knowledge and belief, it is true, correct, and complete." ?

I wouldn't admit that in public.   

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