TAXBILLY

>>Umm, yes, I do believe it does. In my opinion, death is somewhat more than a "mere fact."<< To whom ... certainly not the deceased. :~) taxbilly PS to j: Have you noticed your imposter on the QF forum?

She can appeal for succeeding years if that was a one-shot deal. taxbilly

Couldn't qualify for the $300 rule? taxbilly

The mere fact that she died before she would have received the $250 does not disqualify her from the payment. The $250 however has to be handled through SSA by the executor as Lion has stated. taxbilly

Innocent spouse would be the way to go on the 2009 return and by amending 2008 for the full credit he doesn't have to worry about it being taken. taxbilly

Is it a taxable pension and if it is then maybe he received the $250 from the VA. I don't know their cutoff date or whether it was similar to Social Security. taxbilly

You need to defrag more often. I defrag every day. taxbilly

Since it is merely an information sheet why not download it from here and give it to your clients: http://www.irs.gov/pub/irs-pdf/f886hfth.pdf Another information sheet of interest: http://www.irs.gov/pub/irs-pdf/f886haoc.pdf taxbilly

He is entitled to amend his 2008 for the purchase in 2009. That would solve the problem. taxbilly

Agree with KC. taxbilly

Why do you want to input an income for COD when it has not occurred yet? taxbilly

>>To recap, TP basement got flooded, insurance valued the damage to be $24,900, insurance only paid $19,100 difference of $5,800 + $3,500 for insurance deductible = $9,300<< Isn't the loss $24,900 - $19,100 = $5800? taxbilly

Is this person in the social security system? taxbilly

Which month in 2009 was their first SS payment and in which month did they die? taxbilly

I posted this question on another forum and this is an answer given by Dave Fogel: If she purchased the home in 2009, lived in it, then died, she qualifies for the credit and it is not recaptured. IRC §36(f) recaptures the credit, and IRC §36(f)(2) accelerates the recapture if the residence ceases to be the taxpayer's personal residence during the 36-month period following purchase. However, IRC §36(f)(4)(A) states that recapture doesn't apply "to any taxable year ending after the date of the taxpayer's death." What this means is that if she ceased using the residence during the 36-month period, which normally would result in recapture, but the cessation was due to her death, then there is no recapture. taxbilly

Have you defragged recently? That can speed up things sometimes. taxbilly

Who is the custodial parent? taxbilly

>>Come on, the debate is over. Electronic filing is vastly superior on so many levels, including taxpayer protections. Tell them that you now electronically file all returns as required by law. All preparers are subject to the same law, so if the client doesn't like it he can either find someone with a minimal sideline practice or he can do it himself.<< Could someone give me a cite on this "law"? I'ld hate to find out it isn't a law yet and screw up my EA ethics by lying to my clients. taxbilly

May you have many more! taxbilly

Over 23 and earned more than $3650. Can't be claimed by parents. taxbilly

The IRS Web site said an office of its EP Team Audit Program is located in the building where the plane crashed. The group, known as EPTA, examines employee benefit plans with 2,500 or more participants, according to the Web site.

I like that! :~) taxbilly

Qualifying Child of More Than One Person If the child meets the conditions to be a qualifying child of more than one person, only one person can claim the child as a qualifying child for all of the following tax benefits, unless the special rule for children of divorced or separated parents applies (see publication 501 for additional information on children of divorced or separated parents). Dependency exemption Child tax credits Head of household filing status Credit for child and dependent care expenses Exclusion for dependent care benefits Earned income credit No other person can take any of the six tax benefits listed above unless he or she has a different qualifying child. If you and any other person can claim the child as a qualifying child, the following rules apply. If only one of the persons is the child's parent, treat the child as the qualifying child of the parent. If the parents do not file a joint return together but both parents claim the child as a qualifying child, the IRS treats the child as the qualifying child of the parent with whom the child lived longer in 2009. If the child lived with each parent the same amount of time, the IRS treats the child as the qualifying child of the parent who had higher adjusted gross income (AGI) for 2009. If no parent can claim the child as a qualifying child, treat the child as the qualifying child of the person who had the highest AGI for 2009. If a child qualifies a parent for any of the listed credits but the parent does not claim the child, treat the child as the qualifying child of the person who had the highest AGI for 2009, but only if that person's AGI is higher than the highest AGI of any parent of the child. taxbilly

Did you check page 4? http://www.irs.gov/pub/irs-pdf/p4681.pdf tabilly

He may not have to use it because of the taxable income as adjusted rule. I would put it on a 1040 and see the results. taxbilly