Legal Question in Tax Law in New York

My deceased father had a severance agreement with his company to be paid after retirement or death. Mother is beneficiary. Organization paid her & claimed her as a "consultant" on their tax files. She was NOT an employee. How do we fill out Social Security Form OMB No.0960-0565?

Asked on 11/21/17, 5:33 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Same answer as before. First, it's the company's responsibility to report this payment correctly to the IRS and SSA; not yours. This SSA form you're referencing is not applicable. I would like to see the "severance" agreement you're talking about. As I said before, this is "income in respect of a decedent." If the check was made payable to mom that's an odd situation and I would have to spend more time thinking about this and review some tax law IRS publications and the Internal Revenue Code and Regulations.

Please accept my condolences on the loss of your father.

Richard Bryan

New York NY

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Answered on 11/22/17, 11:58 am

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