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Discrepancy in IRS Survivor Benefits: Resolving Incorrect SSI-1099 Reporting

This legal question related to tax attorneys in TylerMinnesota has been answered.

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Location: Tyler  |  Law type: tax attorneys
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How would a senior let the IRS know that they are showing her receiving Social Security payments that she is not receiving for her deceased husband?

A senior lady and widow has been sent a SSI-1099 for her decease husband, as if she is receiving survivor benefits. She is not actually receiving these benefits. We could use advise on how to dispute this with the IRS.

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Legal Solution

The response provided below is specific to tax attorneys in the jurisdiction of Tyler. If the response is inadequate, please submit a detailed inquiry.

Discrepancy in IRS Survivor Benefits: Resolving Incorrect SSI-1099 Reporting

A senior widow in Tyler has encountered an issue where the IRS sent her an SSI-1099 form. This form indicates that she has been receiving survivor benefits for her deceased husband. However, she has not been receiving such benefits. Addressing this discrepancy swiftly is vital to ensure accurate tax implications.

Relevant Statutes and Web Sources

  • Title II of the Social Security Act - Covers federal old-age, survivors, and disability insurance benefits.
  • IRS Publication 915 - Explains how Social Security benefits affect taxes.
  • U.S. Social Security Administration - The homepage for the SSA, where details on survivor benefits can be found.
  • Internal Revenue Service (IRS) - The official website for the IRS, where tax forms and guidance materials can be sourced.

Proposed Solutions

  1. Immediate Communication: Contact the local Social Security Administration office or the national helpline to report the discrepancy. They can provide guidance on how to rectify the mistake.
  2. Document Everything: Keep records of all communications with the SSA. This includes dates, times, names of representatives spoken to, and the content of the discussions.
  3. Amend Tax Returns: If the incorrect SSI-1099 results in a misfiled tax return, an amended return may need to be filed. For this, one can use IRS Form 1040-X.
  4. Consult a Tax Professional: Consider hiring a tax attorney or an accountant familiar with such issues. They can provide expert guidance and represent the senior if necessary.

Average Pricing in Tyler for Tax Services

Service Average Cost
Consultation with Tax Attorney $250 - $350/hour
Filing Amended Tax Return $200 - $500
Handling IRS Disputes $300 - $700/case
Communication with SSA $100 - $300
Overall Representation $1,500 - $4,000

Note: These are average prices and can vary depending on the complexity of the case and the reputation of the professional.

Clarification and Action

It is essential to ascertain the exact details surrounding the incorrect SSI-1099 form. Did the senior lady receive any other communication from the SSA? Any letters, notifications, or other documents could shed light on this discrepancy. If you need specialized legal assistance, it's always advisable to compare lawyers in your area to ensure you get the best guidance.

Relevant Questions for User

  • SSA Correspondence: Have you received any other communication from the Social Security Administration related to these benefits?
  • Previous Filings: How were the previous years' tax returns filed? Were there any mentions of survivor benefits?
  • Professional Help: Have you consulted with any professional regarding this issue before approaching us?

Frequently Asked Questions in Tyler Regarding This Issue

How long does it typically take to resolve such discrepancies with the IRS?

Most discrepancies can be resolved within a few weeks to a few months, depending on the complexity of the issue.

Can I face penalties for mistakes in my tax return, even if they aren't my fault?

The IRS usually offers some leeway for honest mistakes, but it's always best to amend any errors as soon as they are noticed to avoid potential penalties.

Is it necessary to hire a tax attorney for this kind of problem?

While not mandatory, a tax attorney can provide valuable guidance, ensure all steps are correctly followed, and can represent you in disputes, making the process smoother.

What if I've unknowingly spent the benefits that I supposedly received?

It's essential to clarify the discrepancy first. If it's confirmed that the benefits were incorrectly sent and used, arrangements might need to be made for repayment.

Can survivor benefits affect my other forms of income or benefits?

Yes, survivor benefits can influence your taxable income, which might impact other benefits or tax obligations. It's essential to understand these implications fully.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Discrepancy in IRS Survivor Benefits: Resolving Incorrect SSI-1099 Reporting" has been changed 1 year 4 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Tyler & area of law: tax attorneys.
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