@tagteam A close friend of mine was until retirement the Lead or Senior Agent in the Estate Tax and Trust division. I brought to him the following true example of just how poorly the Service handles 1041 filings.
An attorney for a family [yup, another one who should never touch estate work] set up bypass marital trusts for a couple. He filed SS-4's for the two Revocable Living Trusts and received CP-575's for them. [Don't comment, I know!] He then had the couple transfer their assets in to accounts registered in the names of the trusts and the account registrations at brokerages and mutual funds used these EINs and not the personal SSNs.
For 20 or more years Forms 1099-DIV/INT/B were filed against the EINs and not against the SSNs. For 20 years or more no 1041s were filed [yes I know, in fact as disregarded entities, but you get the picture]. For 20 years the Service never questioned the sizable income being reported by payers with no corresponding filings of that income.
I got involved when the first of the couple passed away and the attorney attempted to file a Form 1041 using the EIN. I spent at least a month with Ogden Entity Division getting the EIN reactivated - as the Service deactivated the EIN for lack of filing but never ever chased the income!
If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67
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USAR 64-67 AIS/ASA MOS 9301 - O3
- Just donating my time
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