Fiduciary duty to correct tax return

This is a discussion on Fiduciary duty to correct tax return within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Person A deeded a 4 family house in 2003 to son B and daughter C; a (poorly structured) codicil to ...

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Old Mar 23rd, 2008, 11:28 AM   #1
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Default Fiduciary duty to correct tax return

Person A deeded a 4 family house in 2003 to son B and daughter C; a (poorly structured) codicil to deed states that A retains the right to live on property and handle related financial matters until death. Upon the death of the donor in 2007, it was found out that for the subsequent tax years (04, 05, and 06) A continued to treat the property as if owning it, filing Federal Schedule E and applying gains/losses to her income. (It may be that the tax return preparing Accountant was not made aware of the status quo - clear example of presumable poor advice from the Attorney that drew up Deed). It also appears that most of the tax advantages were wasted against a low / barely taxed income. It appears to me that once the property changed hands, the former owner has no longer the same tax status.
Isn't the legal/fiduciary duty of the estate executors (B and C) to take steps to correct the A mishandling of tax matters and amend A\'s, B\'s and C\'s tax returns for the three years in question? (And perhaps reap a minor tax windfall, as the case may be...)
(Footnote - B and C were advised re estate matter and to some extent the property matters by the same Attorney that drew up the Deed in 2003; in the meantime they no longer consult with same)
p.s. State is NJ

Last edited by avoitiuc; Mar 23rd, 2008 at 11:31 AM. Reason: omission
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Old Mar 25th, 2008, 09:25 PM   #2
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Default Re: Fiduciary duty to correct tax return

It should be reviewed by a tax professional yes; and if the filings were not correct then amendments can indeed be made. Returns with errors should not be left as is.
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