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Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Experience:  Nearly 30 years of varied tax industry exp. Tax Biz owner
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I filed amended returns for 2008-2012. Each year was resolved

Customer Question

I filed amended returns for 2008-2012. Each year was resolved with a refund check to me except for 2008. According to the amendment I am due $19, 000, the result of an error with a 457b account that was calculated as income. I was informed that it was past the 3 year limit to claim.
Submitted: 1 year ago.
Category: Tax
Expert:  Tax.appeal.168 replied 1 year ago.
Welcome. Thank you for choosing us to assist you. My name is XXXXX XXXXX my goal is to help make your life, a little... less taxing.

This is true, a taxpayer has 3 years to claim a refund, otherwise they forfeit it. As the 2008 return would have been due 4/15/2009, unless an extension was filed, you would have had to claim the refund no later than 4/15/2012. When did you file the amended return for 2008? SEE BELOW:

Statute of Limitations for Claims

According to IRC 6511(a), a claim must be filed before the later of:

Three years from the date on which the return was filed, or

Two years from the date on which the tax was paid.

The filing of a claim for refund keeps the statute open only with respect to the claim.

If other issues exist and the statute on the original return is about to expire, a statute extension should be secured for the return on which the claim is based.

If the statute of limitations has expired, adjustments to the return may be made only up to the amount of the claim.

The statute of limitations for filing a claim is suspended under certain circumstances:

If a taxpayer makes a credible claim that he/she is unable to manage his/her financial affairs by reason of a medically determinable physical or mental impairment (e.g., "financially disabled" ) as defined in IRC 6511(h)(2)), additional time may be allowed to file a claim.

The statute of limitations will be suspended for the period of time the taxpayer is "financially disabled" .

REFERENCE SOURCE:

http://www.irs.gov/irm/part4/irm_04-071-008.html#d0e63

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

Customer: replied 1 year ago.

Their were medical issues involved. Bilateral hip replacements and three revisions, including rehabilitation. I have medical records to support ongoing medical history and debilitating effects of sarcoid, etc. What would be other steps for recourse?

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

Per the following statement,

"If a taxpayer makes a credible claim that he/she is unable to manage his/her financial affairs by reason of a medically determinable physical or mental impairment (e.g., "financially disabled" ) as defined in IRC 6511(h)(2)), additional time may be allowed to file a claim."

Since there were medical issues involved, providing this information to the IRS should have bought you more time as far as claiming the refund. I take it that the medical documentation has not yet been provided to the IRS, or has it? If it has not, I would suggest scheduling an appointment with an IRS supervisor, if you are able to, and presenting the medical documentation to them. If you are unable to, which sounds like this might be the case, you can hire a CPA, EA or Tax Attorney to handle the matter for you. You can complete a form 2848 Power Of Attorney, which will give that person the authority to deal with this matter for you. Whether it's you or someone else handling this matter, IRC 6511(h)(2) should be referenced so that everyone will be on the same page.

Thank you again for contacting this Q&A service for assistance.
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 2576
Experience: Nearly 30 years of varied tax industry exp. Tax Biz owner
Tax.appeal.168 and 2 other Tax Specialists are ready to help you
Expert:  Tax.appeal.168 replied 1 year ago.
Thank you very much for the positive rating and the generous bonus. I do appreciate it. Feel free to check back with me in the future should you have other tax or finance related questions. Even if prompted to do so, there is no need to respond to this post.

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