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Merlo
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Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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i had not filed a tax return since 1999. In December 2008 I

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i had not filed a tax return since 1999. In December 2008 I filed my 2001 return using exemptions from memory. The amt I owed on the return was 700. After I mailed it to the IRS my ex told me I was entitled to claim out daughter that year cause he didn't so I immediately filed an amended return resulting in a refund of 900. I knew it had been too long to get the refund (over 3 yrs). At the same time I filed my 2008 return for a 5340. refund. Got a letter saying w p&i I owed 1500 for 2001 and they were deducting from my 2008 refund and they did deduct that amt. I fully expected to get it back when they processed the amended return. instead I got a letter denying the refund because it had been too long. I knew I wouldnt get the 900. from 2001 but I fully expected to get the remainder of the 2008 1500.
Submitted: 5 years ago.
Category: Tax
Expert:  Merlo replied 5 years ago.
Hello pam,

Obviously what has happened here is that your original return that showed you owed $700 had already been processed before you filed your amended return. That is why they applied the penalties and interest to your 2008 refund.

The letter you received regarding the $900 refund shown on your amended return was simply generated as a result of processing that return by itself. Eventually you should get a refund for the $1,500 you had deducted in penalties and interest, but rather than wait, you should write a letter to the IRS explaining what has taken place here.

Include a copy of both your original return and your amended return, and request that the $1,500 which was withheld from your 2008 refund be repaid to you. As I said earlier, eventually the IRS should correct this on their own, but if you write a letter with the details, that should help expedite this a little quicker than they otherwise might handle.

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

Thank you pam.

Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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Merlo
Merlo
Tax Professional
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25+ years tax consulting. Specializing in returns for US citizens living abroad