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Tax.appeal.168
Tax.appeal.168, Tax Accountant
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I just received notice of a disallowed tax refund claim because

Resolved Question:

I just received notice of a disallowed tax refund claim because I filed more than 3 years after the tax period. Is there any way to argue against this?
Submitted: 1 year ago.
Category: Tax
Expert:  Tax.appeal.168 replied 1 year ago.
Welcome, THANK YOU for using Just Answer. My goal is to help make your life...a little...LESS taxing.

In brief, unless, you had a qualified disability, a special refund exception apply, or a contingency applies, there is not a way to get around the 3 year SOL. SEE BELOW:

Special Refund Exception

  • The time limitation to claim a refund is extended for claims that relate solely to a bad debt, worthless security, payment of foreign taxes, net operating loss carryback or the carryback of a tax credit. For example, if a foreign jurisdiction requires you to pay income tax for a previous tax year, the IRS will allow you to claim a foreign tax credit for that year and will issue any resulting refund if the deadline has already passed.


The time limitation in which you can file a claim for a refund does not apply during periods you have a qualified disability. To qualify for the exception, the disability must be a physical or mental impairment that renders you incapable of managing financial affairs. The disability must last or be expected to last for at least 12 months or be expected to result in death.

There are also contingencies that can be considered. See the following link for those:

http://www.ehow.com/about_7496886_statute-limitations-tax-refunds.html

Please let me know if I can be of further assistance to you regarding this matter.

Thank you again for using JUST ANSWER.

Expert:  Tax.appeal.168 replied 1 year ago.
Hello again Julia,

Following is some IRS jargon:

C. Consent Exception to Three-Year Rule.

1. Three-year rule can be extended by agreement. IRC 6501(c)(4).

2. Must be in writing.

3. Must be signed by taxpayer (or authorized representative) and IRS before expiration of original three-year rule or prior timely consent to extend.

4. Exception - statute of limitations on assessment of estate tax cannot be extended by agreement. IRC 6501(c)(4).

 

REFERENCE SOURCE:

 

http://www.taxalmanac.org/index.php/Internal_Revenue_Code:Sec._6501._Limitations_on_assessment_and_collection

 

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In brief, if there was not a protective claim filed in writing to extend the SOL, and unless a qualified disability, a contingency, or a special exception was why the refunds were not claimed, there is nothing tha you can do to get those refund amounts.

Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 2566
Experience: Nearly 30 years of varied tax industry exp. Tax Biz owner
Tax.appeal.168 and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

Doesn't seem quite fair as I owe taxes for the previous year. Can they be applied to the previous year's taxes owed??

Expert:  Tax.appeal.168 replied 1 year ago.
Hello again Julia,

I understand that it doesn't seem fair, however those are the current rules regarding claiming refunds. Once the refund SOL period has expired, any refund amount that was due to you has basically been forfeited. Will not be applied to previous taxes owed, etc. Sorry that I am unable to provide you with a more favorable response.

Thank you again for using JUST ANSWER.

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