[WSBAPT] Duty of PR to fix prior tax returns?

[susan at pepetersonlaw.com]

HC is the PR for mother.  During the last 18 months of mom's life, the PR
and another sibling were co-AIFs and they paid in-home caregivers directly
for round the clock care.  The AIFs also helped her file her income taxes,
but did not sign them as her representatives (mom was not incompetent, just
needed assistance).  Now one of the siblings (actually the sibling who was
co-AIF with PR) wants the PR to go back and amend the tax returns the
decedent filed for the last two years to account for the "nanny tax."  I
know that the PR must review the decedent's tax history and make sure that
returns have been filed and any tax owed has been paid, but does that
obligation extend to examining the old returns and amending them under these
circumstances?  In this situation, the PR has independent knowledge of how
the caregivers were paid and the contents of the return, but what if s/he
was uninvolved?  Perhaps worth mentioning that PR thinks the sibling that is
raising the issue is the type that might call the situation to the attention
of the IRS-which does beg the question why they didn't bring it up while
they were AIF.  

 

Susan E. Spuller

Attorney at Law

 

Peterson Spuller, PLLC

 
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