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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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If i missed deadline a tax court petition, can i amend the

Customer Question

if i missed deadline for filing a tax court petition, can i amend the return later showing the income or expenses not shown to auditor
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

As you missed the tax court petition deadline - assessments proposed by tax authorities are in effect - and you will be in collection.
You definitely may amend your tax return and provide additional information (deductions etc) - however - that will NOT stop the collection procedure.
You may expect that your amended tax return will take longer time for processing - and the IRS might request additional supporting documents before your changes will be accepted or rejected.

Meanwhile - you still will need to deal with assessed liability.

Customer: replied 1 year ago.
Actually have not missed the deadline of 09/14/15 for tax court petition yet. I am just trying to determine if it is worth wasting time and $60 for tax court petition if it can still be resolved somehow later such as through a amended return. The situation is I received a 1099-misc which should have been sent to my employer. My employer received the funds. He pays me a set amount each week and gives me a 1099 for that. The vendor is going to correct the 1099misc but I will not have proof of this for the IRS until after the tax petition deadline.
Expert:  Lev replied 1 year ago.

Potentially - it might be resolved - but meanwhile you will have to deal with collection effort - and that might be costly.
For instance - the IRS might start garnishment of your wages or other income, may put a tax lien on your property and that will be on your credit report for long time.
Depending on your circumstances - such damages might be severe - and could cost more than $60.
Regardless - there is No guarantee that the IRS will accept your arguments - but processing time for sure will be much longer than it normally would be.
I woudl try to bring all your argument to the Tax Court - and there might be additional expenses as most likely - you will need representation.

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