IRS requesting form 1310 from surviving spouse

Forum|Forum|2 years ago
February 7, 2024
3 replies
12 views

Client filed MFJ as a surviving spouse. The date of death was noted on the 2021 tax return and "filing as surviving spouse printed on the 1040 and form 8879.

Client recently received a letter from the IRS stating they need a form 1310 for 2020! TP contacted the IRS office number noted on the noticed and explained that her spouse died in 2021 and that she was the surviving spouse. The IRS stated they would send a new letter and a 2021 form 1310.

Why would the IRS want a 1310 for surviving spouse, no will, no estate, no probate.

Any ideas?.

I'm going to send them what they want along with a copy of the signed 8879 stating surviving spouse and page 2 of the 1040.

ProSeries Basic

Best answer by rbynaker

I've found the IRS to be horribly inconsistent when it comes to deceased taxpayers. I've given up trying to figure out why, prepare clients for the worst, and hope for the best. For the most part things go just fine, but once in a while you get these weird requests. Just sending them what they're asking for is usually faster than trying to convince them that they're not following their own instructions.

rbynakerAnswer

Level 13

I've found the IRS to be horribly inconsistent when it comes to deceased taxpayers. I've given up trying to figure out why, prepare clients for the worst, and hope for the best. For the most part things go just fine, but once in a while you get these weird requests. Just sending them what they're asking for is usually faster than trying to convince them that they're not following their own instructions.

BobKamman

Level 15

Is this a late-filed return? Late returns from late taxpayers can be expected to cause problems.

Camp1040Author

Level 10

Timely filed!

BobKamman

Level 15

So they are just getting around to asking for this, nearly two years later? And the widow has not followed up since then, on what happened to the refund? There were lengthy delays in processing returns during the Covid era, but I thought IRS had caught up by this time last year.

B

bdschutz

Level 2

Same here - now in October of 2025 I received a request for Form 1310 for a return ... paid out in 2019-2020 (tax period Dec 31 2019). Seems very very odd, 5-6 years later, after the return was already paid out (on time) to get this notice.

sjrcpa

Level 15

So what could happen if you ignore it?

The more I know the more I don’t know.

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