On 7/29/2021 5:51 PM, Stuart O. Bronstein wrote:
Michael Bratt <michaelhbratt@gmail.com> wrote:
Client passed away earlier this month (July). She was a retired
naturalized citizen, never married. She has been filing US tax
returns for many years. Her income was a pension from her
previous employer. As far as I know, her estate includes the
proceeds from the sale, earlier in 2021, of a condo in Argentina,
her primary residence in the United States and an assortment of
bank accounts. Her 2020 tax return was filed in March 2021.
Her brother is the executor of her estate and indicates that he
will be able to close out her estate and be able to file her final
tax return within the next few months. He seems to believe there
is a procedure whereby a 2021 tax return can be filed before the
end of 2021. I am unaware of any such procedure to file a 2021
tax return with the IRS, final or otherwise, before about February
2022.
The executor will need copies of several 2021 1099s. Is there any
way to coerce the assorted financial institutions to issue those
before their required date of Feb 1, 2022? Will IRS tax forms for
2021 be available for filing before 2022? I have completed a few
decedent tax returns, but those executors were willing to wait
until the normal filing dates. Is there something I’m missing?
You may not be able to get 1099s, but the executor should be able to
get the same information from them. If nothing else, he can issue
them a subpoena.
I doubt 2021 tax forms will be available much earlier than February.
Certainly not now or anytime soon.
Stuart: who can issue subpoenas? Anyone acting as an executor? Or must
an attorney be used if the executor is not an attorney? No court
activity (such as probate) required for a subpoena to be issued?
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