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Question

We owned a restrauant which we closed in 2001. We owed $27,000 on employment taxes (Trust Fund) We paid it off by refinancing our home in 2003.   Since that time we have been receiving refunds. However, my husband died on May 30, 2008 and the refund I was supposed to receive was withheld for Civil Penalities.

The "good" news is civil penalities are paid up. The "bad" news is I will not receive the refund of $1575.00 I was counting on.

We always filed jointly. If, which I find suspect, because it's the exact amount of my refund, why did it some up under my Social Security Number?????

Submitted: 300 days and 2 hours ago.
Category: Tax
Value: $31
Status: CLOSED
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Optional Information

Florida

Already Tried:
1. Met with an agent in Maitland, FL
2. Called K Kennedy, the agent who originally handled the Trust Fund and she advised me to call the Tax Payer Advocate in Jacksonville. Told me, this was a "hardship" and told me exactly what to tell them.
3. They refused to assign anyone to me our my case.
4. My husband is DEAD! He died last year, yet I received a refund. 2008 I don't!!!! this is crazy. Who do I contact???? What do I do?   How do I get what is due me?

Posted by RD 300 days and 1 hours ago.

Info Request

Why did you not receive the refund? Did you check with the IRS?

300 days and 1 hours ago.

Reply

I jst told you why------because of a supposedly Civil Penalty. ALL OF A SUDDEN.

I JUST TOLD YOU I MET WITH AN AGENT AND SPOKE TO THE TAX ADVACATE IN JACKSONVILLE, FL.

Posted by RD 300 days and 1 hours ago.

Answer

I would suggest you to request a tax account transcript for your account for the year. This transcript will tell you whether the civil penalty has been dropped or is still being charged on your tax account.

 

If the penalty is not in your account than you need to pursue the matter with IRS to get the refund.

If the penalty has not been waived than you need to first try to get the penalty waived.

 

 

Let me know if you have any question.

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

 

300 days and 1 hours ago.

Reply

HOW DO I DO THAT? HAVE YOU EVER TRIED SPEAKING TO ANYONE AT THE IRS?

 

Accepted Answer

I have.

 

I would request you to call 1-800-829-1040 and ask them to send you your tax account transcript for the year in question. They can even fax it to you.

 

 

Let me know if you have any question.

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

 

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Expert: RD
Pos. Feedback: 99.4 %
Accepts: 6486
Answered: 5/25/2009

Certified Public Accountant (CPA)

CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..

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