pk
Level 15
Level 15

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@seccam ,

1.  because your  return ( or that of your relative ) is  filed under perjury jurat,  it is not material whether the EA chose  ( erroneously in me opinion) to enter the  barter/exchange/disposal of capital assets  and interest earnings  as "other" -- it is the taxpayer's responsibility to be truthful.  The fact that IRS has not flagged this  ( because there is no "information return" to corroborate ) does not mean it is correct.

2. Note that India uses inflation adjusted basis  for assets  where as US does not --- this means that  it is up to the taxpayer  to prove that the basis used for  US tax computation is correct -- cannot use  India's figures for  gain computation.  IRS expects that  the taxpayer has records to base the filings on -- else the basis is ZERO.

3. Agree  that if the taxpayer's taxable income ( AGI adjusted for deductions ) results in zero tax liability, then foreign tax credit  ( a non-refundable credit) will not allow for any allowable foreign tax credit but will be available for prior year or future  year adjustments ( when foreign income present ).

4. Are you saying that the  taxpayer is no longer a US person  ( not a citizen/ Green Card ) and not residing in the USA ? If so why is she filing since she has no US sourced/ connected income?  She does not get Social Security either ?

 

Having read through your response, and while I recognize that it is each taxpayer' choice as to how to file their return,  my position based on tax laws is still the same  -- amend the 2020 return and file 2021 properly.   I do not agree with your EA's  position. 

 

I apologize, if I sound not willing to compromise  my position--please forgive

 

Is there more I can do for you ?

 

pk