Wrong Person Listed as Deceased

[JonLooney]

Does anyone know how to fix a tax return where the wrong spouse was listed as deceased? The husband passed away in Sept, 2021 but the wife was mistakenly listed as deceased instead of the husband. The efile was submitted and accepted. 

Any ideas?

Thanks!
Jon

[sjrcpa]

File an amended return.

[George4Tacks]

@sjrcpa If the tax does not change, do you need to file an amended return? 

Will IRS really process the amended return before they send out an inquiry letter?

If there is a refund it is likely to be held, so maybe having the practitioner call the hotline in a couple of weeks would work better?

[sjrcpa]

Maybe.

I've never had this situation.

I did once have a live woman that IRS and SSA thought was dead, though.

[joshuabarksatlcs]

When the return is processed, chances are that the IRS will lock the account because it has received a return filed by a deceased person. (The deceased spouse was the filer of the return instead of the surviving spouse.)

If the IRS processing went as they should, Notice CP01H would be sent to the filing address.  Follow this link to fix the problem.

   https://www.irs.gov/individuals/understanding-your-cp01h-notice

If the IRS processing didn't go as they should, improvise. 

I'd side with @George4Tacks. Filing an amended return at this point could mess it up more because by the time the amended return is processed (it would just be the 2,000,001st item to be processed from this point), the account could well be locked.

Not a bad idea to give the Tax Practitioner Hotline a try.

[joshuabarksatlcs]

For what it's worth: 

Come to think about it, in that situation, I would consider preparing a "pre-emptive Notice CP01H response letter", by starting the correspondence (from client to the IRS) with a description of the error and the expectation of a Notice CP01H.  Include all the documents for the correction described in the IRS article (see my last post for the link.)  This may speed up the process.  If, after sending the pre-emptive response, client received the CP01H, send the same package with a cover letter and the proof of mail.  

Because the IRS is so much behind, no one knows what and when and how IRS matters would  progress..

[gma]

I have a client who is still considered dead and he is still alive.  This has been going for for around 3 years.  

[joshuabarksatlcs]

This is the saddest thing I heard today.  Sorry....

[joshuabarksatlcs]

Correct me if I'm wrong.  NO research here. 

The person is still considered alive for tax purposes?  Tax returns filed by guardian or receiver? 

So sad....

[gma]

No he is still alive and the Social Security Admin considers him dead.  In fact every time he comes in here I ask him are you still dead and he says yes.  Kind of like the Seinfeld episode when Kramer got the license plates as the Ass Man.