Input on Estate Tax Return Requested.

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Bob Mason

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Jul 28, 2022, 10:18:38 PM7/28/22
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Trustee of an estate settles a car loan with the Auto Finance Company.  Turns in the auto and settle debts with an 18K payment.  I am of the opinion that this is not cancelled debt.   The trustee would like it reported as a deductible expense of the estate. Would this be an appropriate handling of this payment? 

 

Best Regards,

Bob Mason, CPA

Coast Financial Services, Inc.

 

Coast Financial Services, Inc.

655 Capitola Rd, Suite 101

Santa Cruz, CA 95062

 

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Bob Mason

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Jul 29, 2022, 8:03:02 PM7/29/22
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It would really be helpful to receive some input on my question.    Bob

Lee Reams

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Jul 29, 2022, 8:30:01 PM7/29/22
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I wouldn’t think that is canceled debt.  

Lee

On Jul 29, 2022, at 5:02 PM, Bob Mason <bo...@coastfinancialservices.com> wrote:

It would really be helpful to receive some input on my question.    Bob

 

From: Bob Mason <bo...@coastfinancialservices.com> 
Sent: Thursday, July 28, 2022 7:19 PM
To: 'clientwh...@googlegroups.com' <clientwh...@googlegroups.com>
Subject: Input on Estate Tax Return Requested. 

 

Trustee of an estate settles a car loan with the Auto Finance Company.  Turns in the auto and settle debts with an 18K payment.  I am of the opinion that this is not cancelled debt.   The trustee would like it reported as a deductible expense of the estate. Would this be an appropriate handling of this payment?  

 

Best Regards,
Bob Mason, CPA 
Coast Financial Services, Inc. 

 

655 Capitola Rd, Suite 101
Santa Cruz, CA 95062

 

 

 

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Avantax WM Holdings is the holding company for the group of companies providing financial services under the Avantax® name. Securities offered through Avantax Investment Services, Member FINRA, SIPC. Investment advisory services offered through Avantax Advisory Services and Avantax Planning PartnersSM.  Insurance services offered through licensed agents of Avantax Insurance Agency, Avantax Insurance Services, and Avantax Planning Partners. AVANTAX INSURANCE AGENCY, LLC CA Insurance # 0C32143. AVANTAX INSURANCE SERVICES INC. CA Insurance # 0B42956.

 

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Diana Skocypec

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Jul 29, 2022, 8:30:01 PM7/29/22
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I don't have an authority to cite, but if you are referring to the income tax return (1041), I don't think paying off the loan
falls under any of the allowable expenses.  Unless there is a joint owner, the total value of the car is an asset of the decedent's estate.
If estate funds are used to pay it off, there is less money to distribute, but the car still retains its value.

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Bob Mason

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Jul 29, 2022, 8:32:29 PM7/29/22
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Thank you.  I agree, but I am receiving pushback from the Trustee. 

 

Best Regards,

Bob Mason, CPA

Coast Financial Services, Inc.

 

Coast Financial Services, Inc.

655 Capitola Rd, Suite 101

Santa Cruz, CA 95062

 

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Bob Mason

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Jul 29, 2022, 8:33:09 PM7/29/22
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I agree not cancelled debt so no income,  also no deductible expense

 

Best Regards,

Bob Mason, CPA

Coast Financial Services, Inc.

 

Coast Financial Services, Inc.

655 Capitola Rd, Suite 101

Santa Cruz, CA 95062

 

(831) 462-0330

Fax: (831) 480-1803

 

Use Canopy to securely upload files to us!

 

 

 

 

From: clientwh...@googlegroups.com <clientwh...@googlegroups.com> On Behalf Of Lee Reams
Sent: Friday, July 29, 2022 5:30 PM
To: clientwh...@googlegroups.com

Diana Skocypec

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Jul 29, 2022, 8:48:33 PM7/29/22
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I'm sorry; I think we've all had clients who want what they want. I empathize. Imagine if we could all write off the expense of paying off a loan.

Alma Guenther

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Jul 29, 2022, 9:23:12 PM7/29/22
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I do not see how you can justify that this is not cancellation of debt. You have a sale of a vehicle and cancellation of debt. 
Just like a home foreclosed on with less than full loan recovered upon sale.

here is a link to IRS website

The sale of a vehicle may have different restrictions than a sale of real property. But the mechanics should be similar.




Alma V Guenther, EA - The Right Place
817 Missouri St, ste 2 - Fairfield CA 94533
office: 707-425-1865



On Fri, Jul 29, 2022 at 5:03 PM Bob Mason <bo...@coastfinancialservices.com> wrote:
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Bob Mason

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Jul 29, 2022, 10:19:47 PM7/29/22
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The car was returned and an amount paid in complete settlement.  In effect it was like the car was leased and retured.

 

Best Regards,

Bob Mason, CPA

Coast Financial Services, Inc.

 

Coast Financial Services, Inc.

655 Capitola Rd, Suite 101

Santa Cruz, CA 95062

 

facebook widgetlinkedin widgetyelp (1)

 

(408) 370-0210

(831) 462-0330

Fax: (831) 480-1803

 

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From: clientwh...@googlegroups.com <clientwh...@googlegroups.com> On Behalf Of Alma Guenther
Sent: Friday, July 29, 2022 6:23 PM
To: clientwh...@googlegroups.com

Laura Beach

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Jul 30, 2022, 12:19:43 AM7/30/22
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My take on this as a Trust Administrator and also former preparer of many trust and estate returns is, I agree with Lee that this is not a cancellation of debt.  Although I never had this particular issue, I agree with Diane that the vehicle was an asset and the funds (in addition to the value of the car returned were payment of this debt of the Trust (estate?). The Trust most likely stated that the Trustee was to pay all debts.  Paying a debt is usually not an allowable expense.  Just because the Trustee wants you to handle this as a deductible expense I suggest you don’t.
Alma, In past years for cancellation of debt for a foreclosed home, my clients received a 1099 for the amount which was considered income and was included in their tax returns.   (But I did not review Alma’s IRS reference)

Hopefully my former professor, Phil Storrer will weigh in on this!

On Fri, Jul 29, 2022 at 5:03 PM Bob Mason <bo...@coastfinancialservices.com> wrote:
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Philip Storrer

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Jul 30, 2022, 2:09:31 PM7/30/22
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I’m weighing in only to say “AMEN” to LEE & Laura…👍…two, with rich practical experiences based on technical knowledge of Subchapter J of the IRC which governs the income taxation of Estates & Trusts  (section 642 et seq)..
BTW , Laura must have been well taught…
Phil


Sent from my iPhone

On Jul 29, 2022, at 9:19 PM, Laura Beach <laura...@gmail.com> wrote:


My take on this as a Trust Administrator and also former preparer of many trust and estate returns is, I agree with Lee that this is not a cancellation of debt.  Although I never had this particular issue, I agree with Diane that the vehicle was an asset and the funds (in addition to the value of the car returned were payment of this debt of the Trust (estate?). The Trust most likely stated that the Trustee was to pay all debts.  Paying a debt is usually not an allowable expense.  Just because the Trustee wants you to handle this as a deductible expense I suggest you don’t.
Alma, In past years for cancellation of debt for a foreclosed home, my clients received a 1099 for the amount which was considered income and was included in their tax returns.   (But I did not review Alma’s IRS reference)

Hopefully my former professor, Phil Storrer will weigh in on this!

On Fri, Jul 29, 2022 at 5:03 PM Bob Mason <bo...@coastfinancialservices.com> wrote:

It would really be helpful to receive some input on my question.    Bob

 

From: Bob Mason <bo...@coastfinancialservices.com>
Sent: Thursday, July 28, 2022 7:19 PM
To: 'clientwh...@googlegroups.com' <clientwh...@googlegroups.com>
Subject: Input on Estate Tax Return Requested.

 

Trustee of an estate settles a car loan with the Auto Finance Company.  Turns in the auto and settle debts with an 18K payment.  I am of the opinion that this is not cancelled debt.   The trustee would like it reported as a deductible expense of the estate. Would this be an appropriate handling of this payment? 

 

Best Regards,

Bob Mason, CPA

Coast Financial Services, Inc.

 

Coast Financial Services, Inc.

655 Capitola Rd, Suite 101

Santa Cruz, CA 95062

 

image001.gifimage002.gifimage003.png

 

(408) 370-0210

(831) 462-0330

Fax: (831) 480-1803

 

Use Canopy to securely upload files to us!

 

 

 image004.jpg

 


NOTICE:  This e-mail and any attachments are for the exclusive and confidential use of the individual(s) named as recipients and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521.  If you received this in error, please do not read, distribute, or take action in reliance upon this message.  Instead, please notify us immediately by return email and promptly delete this message and its attachments from your computer system.  We do not waive CPA client or work product privilege by the transmission of this message.

 

Avantax WM Holdings is the holding company for the group of companies providing financial services under the Avantax® name. Securities offered through Avantax Investment Services, Member FINRA, SIPC. Investment advisory services offered through Avantax Advisory Services and Avantax Planning PartnersSM.  Insurance services offered through licensed agents of Avantax Insurance Agency, Avantax Insurance Services, and Avantax Planning Partners. AVANTAX INSURANCE AGENCY, LLC CA Insurance # 0C32143. AVANTAX INSURANCE SERVICES INC. CA Insurance # 0B42956.

 

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Bob Mason

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Jul 30, 2022, 2:22:41 PM7/30/22
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Thank you Phil,  my thought is exactly what you express.  Knowing what I don’t know I find that my confidence grows with this group input.  Have a great weekend.

 

Best Regards,

Bob Mason, CPA

Coast Financial Services, Inc.

 

Coast Financial Services, Inc.

655 Capitola Rd, Suite 101

Santa Cruz, CA 95062

 

(831) 462-0330

Fax: (831) 480-1803

 

Use Canopy to securely upload files to us!

 

 

 

 

From: clientwh...@googlegroups.com <clientwh...@googlegroups.com> On Behalf Of Philip Storrer
Sent: Saturday, July 30, 2022 11:09 AM
To: clientwh...@googlegroups.com

Phil

 

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