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You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > deceased taxpayer with no estate
Expert: Helen P. O`Planick, EA
Date: 9/21/2008
Subject: deceased taxpayer with no estate
Question
before my father passed, a caregiver was employed and ss and unemployment taxes were paid with an employer id number. the irs has "lost" records of the payments and paperwork submitted each quarter it was due.
after his death, i tried to clear up the matter, but was informed my power of attorney expired at death, and the irs would give me no information to clear up the matter unless i was appointed by the cout as executor of his estate.
all of his assets were in a living trust of whitch i was executor and have been dispursed according to his wishes.ie: neither he nor his federal id number had assets to be levied against.
i do not wish to spend personal funds to be declared executor of an estate without funds or assets just to pay money to the irs., and can get no detailed information to prove that funds were paid from year 2001 to 2oo4 from the irs.an irs reprsentative told me in 2006 that i was not responsible for this debt,and since then a levy was tried on an acct closed by the bank upon his death.
the orig taxes demanded were an estimation by irs for the employer tax id number he used, and have of course escalated with interest and penalties.
all information i have spoke of, came from mail to him from irs after his passing, and they refuse accept the power granted to me in the legal trust documents to handle any unfinished business pertainig to him or his deceased wife, without a judge declaring me the executor of an estate whose cash flow ceased upon his death and owned nothing.
clearing his name with irs is all i would like to do, but not at additional time and personal expense of the amount requested and whoping penaties.
Answer
Your POA died upon his death.
If the IRS has taxes due, and you do not pay them, they can come after whatever you inherit.
I don't know what to tell you except to become the executor or hire a tax professional to help you.
Helen, EA in PA
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