[lovelybirdy0901]

My Father passed March 2008. I know he hasn't filled his taxes in a few years and he probably owes a lot of money. There is no estate involved and I will probably receive no money back, should I even bother in filling his last return? I am 19 and can barely do my own taxes. My dad's 'heir' is my older brother but he is out of state so it would be easier for me to get all the information. I read something that said I would need to file all of the taxes he never did up to the date of his death, Is that true?

Someone please help me.:confused:

[ebaines]

The executor of your father's estate is responsible for filing our dad's final tax return. If that's your older brother, then he has the responsibility here, not you. If taxes are owed, they are paid out of your father's estate, not by you or your brother. If I were you, I would ask your brother to see what his plans are about this. It doesn't matter that he lives out of state.

[lovelybirdy0901]

There is no estate, at all. If taxes are owed is that 'my brother's' responsibility?

My older brother is just a little bit older than me and more lost then I am when it comes to things like this. It would be easier for me to take care of it.


p.s. I talked to an IRS agent and they say only if he is required to file (which I am currently looking into) and I would have to file for him all the years that he was required to file and didn't.

[ebaines]

Sorry, but there is (or was) an estate. It may have been very small, or even worthless, but it's still there. My point was that if the estate has no assets, then there is no money to pay your Dad's taxes. In that case it is not your responsisibiity, nor your brother's, to personally foot the tax bill.

The exception would be that if you or your brother have taken assets from your father's estate - such as closing out his checking or savings account. You don't mention this, so obviously I don't know if this applies to you.. But if so, then those assets should have gone to paying your father's creditors (including the IRS) before the remainder was distributed to the heirs.

Your father's estate would only have to file a tax return if your father's income (and any income his estate may have earned in 2008 after he passed) is more than $8950 (or $10,300 if he was over 65). The rules for who has to file are at the beginning of the instructions for Form 1040:
http://www.irs.gov/pub/irs-pdf/i1040.pdf

Also see page 82 "Deah of a Taxpayer" for info on how to file.

[lovelybirdy0901]

That's very helpful thank you.