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Am I required to file as Misc.Inc., a Cancellation of Debt (1099c), addressed to my deceased wife which was a gas credit card in her name, or can I just dismiss it?

My name was not associated with this card.

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MichaelDC
New Member

Am I required to file as Misc.Inc., a Cancellation of Debt (1099c), addressed to my deceased wife which was a gas credit card in her name, or can I just dismiss it?

Very sorry for your loss. This is sometimes a complicated issue about which you may wish to consult a lawyer.

Normally, if the discharge took place while the taxpayer was still alive, and the person passed away later that year, you would simply include the form with their last return. 

However, if the discharge takes place after death, then the 1099-C becomes the responsibility of the estate.

If the deceased received a 1099-C years later, but there is no estate and no executor, then based on the individual facts and circumstances, there may be no one responsible for filing a tax return with respect to the 1099-C.

You may consider filing a paper tax return for your spouse and including a letter to the IRS that says they passed X years ago, there's no estate and documenting that there's no valid claim to the debt to begin with.


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1 Reply
MichaelDC
New Member

Am I required to file as Misc.Inc., a Cancellation of Debt (1099c), addressed to my deceased wife which was a gas credit card in her name, or can I just dismiss it?

Very sorry for your loss. This is sometimes a complicated issue about which you may wish to consult a lawyer.

Normally, if the discharge took place while the taxpayer was still alive, and the person passed away later that year, you would simply include the form with their last return. 

However, if the discharge takes place after death, then the 1099-C becomes the responsibility of the estate.

If the deceased received a 1099-C years later, but there is no estate and no executor, then based on the individual facts and circumstances, there may be no one responsible for filing a tax return with respect to the 1099-C.

You may consider filing a paper tax return for your spouse and including a letter to the IRS that says they passed X years ago, there's no estate and documenting that there's no valid claim to the debt to begin with.


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