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05/24/2012 at 04:51PM PDT
Important Announcement! A planned system-wide upgrade will take place over the Memorial Day Weekend in the US (From Thurs, May 24, 2012 at 6 pm PDT thru Tues, May 29, 2012 at 5 am PDT). This includes QuickBooks, QuickBooks Payroll, Point of Sale, & Salesforce.com. This is only for US based products. This does not affect QuickBooks Online customers! During this time, you can shop, but can’t place orders online, activate products or update account info. We apologize for the inconvenience & thank you for patience while we improve our infrastructure to better serve you. International versions are unaffected. For more info, see our community discussion.
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solojo
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02/12/10 3:23pm PST

Cancellation of Debt in decedents SSS when estate is distributed and wife filing Qual Widower

If a t/p deceased in 2008 gets a cancellation of debt 1099-C in 2009 and his spouse is filing as Qual Widower, where do I show this income? There is no estate return as everything was distributed in 08, Since IRD is decedents SSN, what can I do? 

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sjrcpa
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02/12/10 5:18pm PST

The COD income is income to the estate.  Despite how the estate filed in 2008, it now has income in 2009.

The more I know, the more I don't know.
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DianeMartinEA
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02/11/12 9:57am PST

I have a similar situation - T/P died 2010 - filed 1040 & final 1041 for 2010.  Executor negotiated with CC companies and paid debts @ 50%.  The COD income is 12K - issued in the name & SSN of decedent. 

You would suggest filing another 1041 for 2011 - showing the COD income - could I still use the "decedent" type of 1041 and use the $600 exemption amount?

Thank you

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sjrcpa
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02/11/12 3:58pm PST

Maybe.  Or not.  Was the estate insolvent?  (ie why did the cos agree to settle for 50%?)

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DianeMartinEA
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02/11/12 4:35pm PST

 

Thank you for your response - In 2011 the estate had 1099-C income and a refund from the state 2010 return.The estate is not insolvent as there is cash assets from the decedents bank accounts & pension from 2010.  The executor has not disbursed all the assets.  As for expenses - just lawyer fees and accountants fees. (minimal) 

I filed the 1041 in 2010 as a decedents 1041, using the $600 exemption.

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sjrcpa
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Then it sounds like you have taxable COD income in the estate.

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02/12/10 6:21pm PST

 If the debt was cancelled by operation of law (credit card company failed to perfect its right to collect against the probate estate, for instance), I believe there's no COD income.  In which case, it gets ignored.

If I wanted phone calls, my phone number would be in my profile. If you have a question, post it in the applicable forum.
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macrangel
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09/14/11 5:47pm PDT

 

We have a similar situation.  We have a unsecured promissory note signed by a decedent [DOD 12/1/09], naming his successors and heirs as responsible.  We wrote to his attorney prior to year's anniversary of his death and requested payment. Eventually we had to file a suit but unless we filed our claim as part of his probate, they have said we cannot make the claim.  But [1} we did make a formal request in writing to his attorney, and [2] he had a trust and no probate.  

So can we just issue the decedent a 1099C for the debt? 

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sjrcpa
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09/14/11 6:06pm PDT

But do you have a claim against his heirs/successors?

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mojocpa
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09/14/11 8:15pm PDT

To me this sounds more like a legal question than a tax question.

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