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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Getting my tax return from State of Ne after statue of

Customer Question

Getting my tax return from State of Ne after statue of limitations has passed. I filed by 2006 tax return initially in 2007 with the State of NE. I have certified mail receipt and the Zerox copy of the original return. Later on 2-3 times I called them
to see if they got it and the answer was NO . So I volunteered to file it again and they said WAIT- DON'T FILE IT AGAIN BECAUSE if we get 2 returns it will complicate matters. After 2-3 follow ups with the State of NE Treasury (tax) , it JUST DROPPED OF My
attention. I guess that is where you could say its my fault. Fast forward 2015 - I filed the 2006 return and quite expectedly got the reply that my claim's denied as the statue has passed but it ALSO SAID,for any further appeals, file a case w /Lancaster County
Courthouse. SO I called up the courthouse & they told me that I can file a writ petition ... o appeal. But they CANNOT ADVISE ME THE FORMAT OF THE PETITION. WHAT FORMS I SHOULD BE FILING etc. and I should consult an attorney. I DON"T MIND CONSULTING YOU or
any other attorney (if I can afford it ) ... in helping me fill out the forms & paper work, LONG AS I STAND some chance to get my money back. I KNOW it was so neglectful of me not to follow up for 3 years after 2007. I was going through a divorce. But the
Q is..IS THERE A CHANCE I CAN GET MY MONEY FROM NE STATE . THEY ARE HOLDING MY REFUND.IS IT WORTH ALL THE TROUBLE -- THEN I WILL DO WHAT IS REQD. I WILL NEED TO engage the prospective attorney who can draft the paper work so I can file the writ petition in
the court . The deadline for filing is June 12th.. and 2006 we filed joint return. I am dovirced now and I don't know if my ex will sign this appeal. It will take sometime -BUT AT LEAST WITH THIS PAPER WORK- I HOPE TO GET MY FOOT IN before 12th Jine.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
In general, a claim for refund must be made within 3 years (see: http://nebraskalegislature.gov/laws/statutes.php?statute=s7727008000).
There may be some circumstances or facts which would create a different result in your case (this would be unusual), but a local tax attorney should be able to assist you with this in a consultation (you may be billed for this, but it would be a very short consultation, particularly if you can provide them with the type of tax, the withholding or payment that is at issue, the length of time, and a succinct summary of your conversations that led to you not pursuing the claim earlier).
A local tax law attorney is going to be the best professional to assist you, You can find local attorneys using the State Bar Association directory: , or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Customer: replied 1 year ago.
My 2006( Married joint) tax return had refund.Filed in 07,got misplaced, after IRS kept telling me to wait & not file another one.Issue got left off till I filed in 2014 & as expected got denial bc of statue of L.Letter asked me to pursue w/ county courthouse
in State of Ne.County court house says you can filed written appeal but they cannot advise what paper to fill (before 12th June).pl advise FORMS ,FORMAT & PROCEDURE to appeal. Right now I am divorced,so getting sign of ex will take time.
Expert:  CalAttorney2 replied 1 year ago.
Dear customer, I do not have a forms library for those motions (most pleadings with the court must be drafted, they ate not forms, so your best bet is to actually hire a local attorney, you can also visit your local law library add they will often have additional resources in print, these are proprietary and not available online).
But I will also"opt out " and perhaps another expert will have a pleading index to refer you to, but with a deadline of the 12th, I'd recommend hiring tax counsel.