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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13585
Experience:  15years with H & R Block. Divisional leader, Instructor
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I recently got audited for 2008 Federal Tax which resulted

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I recently got audited for 2008 Federal Tax which resulted in a Kentucky State assessment of $7,500 additional State Tax due; I filed an amended 2009 Federal Tax return which had a two year carry back on a 2009 loss; it resulted in a 2007 refund, payment of 2008 assessed tax, and a 2009 refund; should I also get a refund of 2007 and 2009 State taxes paid?

Robin D :

Hello and thank you for using Just Answer,
The Kentucky carryback on net operating losses was stopped in 2005. The losses were only allowed to be carried forward after 2005. The Kentucky assessment was based on the Federal change. So, unfortunatley, even though you amended your 2009 federal and were able to use the NOL to your federal advantage, the Kentucky return does not allow for a carryback and you would need to carry forward any loss for Kentucky purposes.

Customer:

So my question would remain "In what year can I start the carry forward?";

Customer:

opp's, as the additional assessment was due to an amended 2008 return and my amended 2009 return resulted in the loss, can I claim the loss on my State return for 2009 and carry forward to 2010 and 2011?

Robin D :

If you filed the return (amended) for 2009, then the carry forward fro Kentucky would be to 2010 and forward.

Robin D :

sorry* for Kentucky

Robin D :

Thank you in advance for a positive rating so Just Answer will know you were assisted.

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Thank you

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