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E-Filing for Decedent with a Court Appointed Rep


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One of my clients died in 2015.  His brother (also a client) is his court appointed Independent Administrator of his deceased brother's estate.  I have attached a pdf copy of the court document indicating such (signed by a judge) to the return as per the instructions.  Also, per Publication 559, a tax return for a decedent can be electronically filed. NO Form 1310 in this case is needed per instructions on Form 1310!  Estate is due a refund.  EVEN IF a 1310 was necessary to be filed with this return (which it isn't), the original return can be electronically filed and the Form 1310 can be mailed to the IRS Service Center designated for the address shown on the 1040 per the instructions on the bottom of a paper 1310.

Before anyone types a reply that a return with a personal representative or a Form 1310 must be paper filed, please pull a Form 1310 from IRS.gov and read the instructions on the bottom of the 1310.  The instructions even goes on to say that the 1310 can be sent by mail to the IRS Service Center for the original address as shown on the original return that was E-FILED.

I spoke with a supervisor at ATX.  I am to be contacted within 24 to 48 hours after they review this issue....stay tuned! :)



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