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Level 1
March 7, 2021
Question

Decedents final tax return with a refund

  • March 7, 2021
  • 1 reply
  • 4 views

Can I request a direct deposit of a decedent's refund to the decedent's bank account if it is still open and being probated?

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1 reply

Level 6
March 8, 2021

Yes. Here is the reasoning.

I.R.C. § 6402(a) authorizes the Service to credit or refund any overpayment of tax only to the "person who made the overpayment." The Internal Revenue Manual directs that refund checks are typically issued without taking the death of a taxpayer into account.  A refund by a check or direct deposit - there is no difference.