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Lev
Lev, Tax Advisor
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Tax liability following death of my only child.

Resolved Question:

I am trying to determine if there is any hope of having my tax liability reduced. Short story . . . after the unexpected death of my only child, I did not file my 2008, 2009, and 2010 taxes, knowing that the net was that I was due a refund. Well, the IRS asked about 2009. When I sent 2009 in, I also sent the other two years and I was right, the net was that I was owed a considerable refund. The problem is that I was owed refunds for 2008 and 2009 and owed for 2010 and 2008 and 2009 were filed beyond the deadline.  So they want the tax owed for 2010 plus interest and penalties.

Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

Hi and welcome to Just Answer!

Sorry for your loss.

Unfortunately the deadline for claiming a refund has run out...

The statute of limitation is tree years.

Thus - the statute of limitation to claim a refund for 2009 started on Apr 15, 2010 when the tax return was due and run out n Apr 15, 2013...

That means - even you are due a refund for 2009 - because of that statute of limitation the IRS will not issue a refund check and will not consider that refund toward your tax liability for following years.

Sorry for bad news.

Unfortunately - it is too late to claim that refund.

Similarly - you would not receive any refund for 2008.

For 2010 - as you have the tax liability - that liability will be in effect. You may ask the IRS to abate penalties, however there should be a reasonable cause to have the abatement approved. I think that the death of your child may be used as a reasonable cause. However - the tax liability and interest charges may not be abated.

 

You may either use a form or may attach a note (better type instead of hand written). File a form 843 -http://www.irs.gov/pub/irs-pdf/f843.pdf to request the "accuracy related penalty" be abate based on reasonable cause. If you provide the reason like "I forgot" - I do not think it will be considered as reasonable - so be careful when prepare an abatement request.
Here are instructions - http://www.irs.gov/pub/irs-pdf/i843.pdf
If the IRS accepts your reasons as reasonable - and agrees to abate penalties - at least part of the issue would be resolved.
Let me know if you need any help.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 23237
Experience: Taxes, Immigration, Labor Relations
Lev and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

The links that you provided did not work. I found them, but I thought you would want to know.

Expert:  Lev replied 1 year ago.
Appreciate for letting me know and sorry for confusion.
You may access these documents by copying addresses into your browser
http://www.irs.gov/pub/irs-pdf/f843.pdf
http://www.irs.gov/pub/irs-pdf/i843.pdf

Also you are not required to use the form - and may simply ask for abatement by writing a letter to the IRS.
Still you may want to review instructions.
In additional - while not required - it is recommended to have a tax professional helping with an abatement request.

Sorry again for confusion.
Please feel free if you need any help with tax related issues.

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