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Question

I didn't file for 2002 & 2003 which made me owe over 13,000. So I filed for 2008 e-file and paper filed 2002 & 2003 at the same time. My 08 return was processed first and finished first. They took my whole 2008 refund (Little over 13,000)and applied it to what was owed for 2002 & 2003 which brought it to a 0 balance owed. Now the the 2002 & 2003 returns were finished its showing a credit of around 19,000 after all the ajustments. My question is will I be able to get my refund of 13,000 back that they took from me on the 2008 return?

Submitted: 160 days and 19 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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California

Already Tried:
Nothing, when I call IRS they seem to not be sure and tell me to call back by after June 15th

Accepted Answer

Hi XXXXXXX

Thank you for using justanswer. This is a great question. I'm sure you're aware that the time frame that you may claim a refund from the IRS is past for both 2002 and 2003. Your time frame to claim a refund is generally 3 years from the due date of the return.

The due date for 2002 is 4/15/2003, and the open time frame ran till 4/15/2006.

The due date for 2003 was 4/15/2004, making the open time frame till 4/15/2007.

Please see below for more in depth information re: statute of limitations for refunds.

Tax Statute of Limitations: Time Limits to Claim Tax Refunds or to .

However, I believe you have a good case to claim your 2008 overpayment that was previously applied to your back taxes be refunded to you once you proved that there was no unpaid tax liability for those years.



I would begin by calling the IRS representative that is listed on any letters you may have received re: filing your back year's taxes. If you didn't receive a notice, or you can't find it, you may call the IRS at XXX-XXX-XXXX.

You may also go thru Taxpayer Advocate Service . This is a free service. You will need to make the initial contact with the IRS, but if they deny your request, then I would try the folks at the advocate service.

Finally, you may want to use a professional tax preparer, Enrolled Agent, or CPA to make this request for you.

I hope this helps, and best of luck to you.

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Expert: Anne
Pos. Feedback: 100.0 %
Accepts: 
Answered: 6/14/2009

Master Tax Preparer

Enrolled Agent with 20 Years Experience specializing Individual and Small Businesses

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