DECEASED FATHER'S 1099-R MILITARY ARREARS PAY MADE OUT IN MY NAME/SOCIAL SECURITY NUMBER

Forum|Forum|6 years ago
March 14, 2020
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My father was retired military with a pension. He passed away in 2019 and I'm trying to do his final return for his federal taxes for the year 2019.

Last week, I received a check from DFAS (handles military pensions and pay) make out in my name with the wordage "A/C <my fathers name> RET/DEC". The check hasn't been deposited. The same day, I received a 1099-R form with the recipient listed as myself and the same notation on the check. It also had my social security number listed on the 1099-R form, the 'distribution code' on this form shows '4', and the notes on the form state 'ARREARS" (I also have an additional 1099-R for 2019 which appears to be for his pay from last year).

I have a brother who was in my father's will (I'm the court-appointed Estate Administrator). Initially, I assumed I'd cash the arrears check into my father's 'estate' account so that it would be split between my brother and myself and that the 'arrears' 1099-R form would be filed under my dad's income from 2019. However, as the form has my name and Social Security Number, it appear that I'm personally being taxed for this income. I already filed my own taxes about two weeks ago (the e-filing was accepted by the IRS).

A link to 'arrears' at DFAS is given here: https://www.dfas.mil/retiredmilitary/provide/aop.html

My questions are:

1) Is the second 1099-R (for arrears) meant for my own taxes and not my father's? If yes, is the check meant solely for me as I'm being taxed for it (or did DFAS make an error)? Also, if yes, how do I/what form would I need to file to amend my own taxes which have already been submitted to the IRS?

Please advise and thanks.

KarenM90

If the 1099R was reported in your name and social security number, it definitely needs to be reported on your return.

To amend your tax return, follow these steps to add the additional document:

To Amend your return in Turbo Tax Online follow these steps:

1. Sign in to your Turbo Tax Account

2. Scroll down to Your tax returns and documents and select Amend (change) 2019 return, then Amend using Turbo Tax Online.

3. Select the reason you are amending and Continue

4. Answer the questions about your Federal return, then begin amending your State return when it says "Lets get started on your state taxes...."

To Amend your return in Turbo Tax Desktop;

1. Open your tax file you need to amend and select Online and Check for Updates.

2. Go to the Federal Taxes tab (or the Personal Tab, if you are using Home & Business) and select the Other Tax Situations Tab.

3. Scroll down to Other Tax Forms and Select Start next to Amend a return.

4. Answer the appropriate questions for the State and Federal Returns.

Please note that amended returns will need to be printed and mailed - IRS does not accept e-filed amended returns. The return will take 12 weeks or more for IRS to process.

As far as the share that may or may not belong to your brother, if he is entitled to 1/2 you could just cut a check to him, for his portion of the 1099R proceeds, less 1/2 the tax you are paying on that additional income when you amend. HOWEVER- that would be the easy way, if your brother is entitled to half, according to the will and if he agrees. I would recommend, so there are no future questions, that you HAVE your attorney review the will and determine what is owed to your brother if anything and how to split it. The DFAS probably did not make a mistake, they just sent the funds to you because you were listed as a contact or as the executor. I am not an attorney, and cannot give you legal advice.

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