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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1377
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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On March 15, 2010 IRS sent a notice of deficiency for 2007

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On March 15, 2010 IRS sent a notice of deficiency for 2007 tax including a a illed up form 4549 to my address according to IRS, I have signed a power of attorney with an enrolled agent and he did not get this notice. Sometime in Nov 2010 there was a notice for notice of seizure of property, on Nov 9, 2010 2007 joint return was submitted to Holtsville, NY where they advised to send the return. This return showed a refund of $1350.00. Per certified male track number this was delivered 11/15/2010. On march 28, 2011 another notice advising of tax debt (including penalty for 2007) was recieved. On March 29, 2011 I personally submiited a copy of what was submitted in Nov 9, 2011 I have a stamped copy. It is June now and I asked my enrolled agent the IRS staff who contacted stated that I owed some 14,000.00. Can the IRS totally ignore the 2007 tax return I filed in Nov 9, 2010 and substitute the form 4549 with tax owed they filled before I filed my tax return with a refund? What will happen and what steps do I take? I called a tax advocate and filed a 911.
Submitted: 3 years ago.
Category: Tax
Expert:  Jax Tax replied 3 years ago.

Jax Tax : Welcome to JA. I am here to help.
Jax Tax :

There are a couple of things that the problem may be, but I think it may be this.

Jax Tax :

The return the IRS filed was for you. You then filed a joint return. If you were second on the return, the IRS has now created what they call two modules for you. Basically, the return you filed posted but did not replace the return the IRS did because you were second on the return. If this is the case, a simple call should clarify.

Jax Tax :

Second. Either you or your spouse did not include all of your income on the return, and they assessed the under reported income. That is why you owe.

Jax Tax :

Third, you filed a return prior, the IRS assessed you a tax, and you filed another married joint return in 2009. This did not process because, you would have had to of filed an amended return since you had already filed.

Jax Tax :

Fourth. The IRS did the return for you, you sent an original return, they asked you to provide proof of some expense or you filed the return incorrectly, and they did not process it.

Jax Tax :

Fifth. It takes 6 to 8 months for them to process an original return when the IRS has already filed for you. They just have not got to it yet.

Jax Tax :

I suggest you and your spouse call(NNN) NNN-NNNNand ask for a copy of your income transcripts. This will show all income reported to you. Then compare this to your return to ensure all income was reported. Taxpayer Advocate may or may not be able to help. They are suppose to

Jax Tax :

Did you have a foreclosure, withdrawal from a 401k or IRA in 2007? In my practice, these are the items most often left off a return.

Jax Tax :

Hope this helps.

Customer:

The notice was for me, and there were no foreclosure, or 401k withdrawall, it was simply the IRS filed 4549 and a letter advising that I could appeal it to US Tax board in within 150 days, I was not paying attention. My son was in Iraq at the time... I filed the original 2007 late and I am the first one on the joint tax return and it had benn like that for at least ten years. The IRS did not ask for more information as to my deductions...and I am supposed to have a refund but for some reason they keep saying over the phone that I owe the same amount. All income was reported...What is the worse thing that can happen now...?

Jax Tax :

This is simple. They have simply not processed your original return as of yet. They will refund the money since you filed prior to April 2011. It will just take time. I would call the number on the notice and make sure there is a "control" on that year which will indicate they are working on the return. Tax Advocate will be able to give you a little more info. You should hear from them soon. IRS is very backed up. It is that simple, but they do not communicate well with taxpayers or each other so you have one group saying you owe while another is working on processing the return. It should not be this way, but you need to be the line of communication between the two of them. I hope this helps. I suggest using(NNN) NNN-NNNNto speak to the IRS. These folks are a little smarter and can prevent those letters.

Jax Tax :

Please feel free to comment after acceptance. Thank you and Good Luck

Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1377
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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Jax Tax
Jax Tax
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JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions