How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Merlo Your Own Question
Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
Type Your Tax Question Here...
Merlo is online now
A new question is answered every 9 seconds

I failed to file our joint return for 2003 within the 3 year

This answer was rated:

I failed to file our joint return for 2003 within the 3 year limitations outlined in statute 6511. We were due a refund ($2000) and my husband trusted me with this duty. I hid this from him. I filed an appeal based on the fact I was being treated for depression but was denied because it then is my husbands responsibility. I am fully aware that I was in the wrong. My research has not produced any favorable results in anyone appealing in the Court of Appeals. Are you aware of any avenue I could pursue? Or would my husband have any grounds since he was unaware? I think I know the answer but for the sake of my husband. I have a limited amount of funds to pursue.
Hello regis,

The three year period for filing a claim does not run during any period in which the individual is financially disabled. An individual is financially disabled when the individual is unable to manage his financial affairs because of a medically determinable physical or mental impairment that is expected to result in death or last for a period of at least 12 months.

The physical or mental impairment must be that of the taxpayer, not of some third person The IRS may require proof of the impairment in a form and manner determined by the IRS. An individual is not financially disabled during any period that the individual's spouse or any other person is authorized to act on behalf of the individual in financial matters.

This is the only exception to the 3 year rule on obtaining a refund.

The IRS will not honor claims based on the fact that someone was not aware that a return had been filed or was not aware of the filing requirements deadline.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you regis.

Merlo and other Tax Specialists are ready to help you
Customer: replied 7 years ago.
Thank you, XXXXX XXXXX my research.