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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29516
Experience:  Taxes, Immigration, Labor Relations
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We had not filed our 2011 Missouri taxes and we recieved a

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We had not filed our 2011 Missouri taxes and we recieved a "Notice of Deficiency" Form 2944 yesterday. I have the 2011 taxes completed but did not send them in because I was told it was too late. I do not see our mail and so I am sure we recieved several other notices before this one. We are also have not filed the Fed taxes for 2011 for the same reason. We did get the 2012 Fed and state Taxes filed before the April 18 deadline this year. I also recieved a "Request for Return" form 5590, for 2012. Since I had already filed 2012 I checked the box that stated that we had already filed and included a copy of the 2012 return. Before I start working on catching up with the 2013 returns, I want to find out the best approach for the 2011 state returns. Do I file a protest, as they outline in their letter and include a copy of the 2011, although they were never really filed or is there another approach. My only excuse is bad book keeping and lack of time to get them done. I know that is not very good but the truth. What do you suggest?
JA: The Accountant will know how to help. Is there anything else the Accountant should be aware of?
Customer: no
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Submitted: 12 months ago.
Category: Tax
Expert:  Lev replied 12 months ago.
I suggest to file your 2011 tax return as soon as possible and reply to the Notice of Deficiency with information that you filed your tax return.Be sure that all tax liability is paid.You would not be able to negotiate the installment payment plan until ALL past due tax return are filed.
Customer: replied 12 months ago.
Thanks, ***** ***** refund shows that we should be getting a refund. Is there any special wording I should use when filing the protest as a reply to the "Notice of Deficiency"? Should I give them any reasons for my lateness?
Expert:  Lev replied 12 months ago.
First of all you may forget about refund...The statute of limitation to claim a refund for 2011 tax year started Apr 15, 2012 and run out on Apr 15, 2015 - so even you are entitled to a refund - it will be never issued...As you really do not have any reasonable excuse - no need to provide any reason for filing late - that would not matter - just file as soon as possible.You need to file your tax return ASAP and mail it to MO DOR.Here is a sample notice that you likely receive -http://www.sedm.org/SampleLetters/States/Missouri/MO-ReqToFile2-20060924.pdf - please verifyBecause your tax return was not filed - MO DOR calculated your tax liability based on information they have.Most likely they did not use any deductions or credits - and that is why your tax liability is so high.By filing your tax return - you are informing MO DOR about your actual tax liability. They will review your tax return and if accepted - your assessed liability will be relieved.However because the collection process has been already started - you may expect that your tax return will be examined thoroughly and that might take some time.Please be prepare for possible audit.It is possible that MO DOR will not agree with your reporting and might be less than in the notice - it still might be some liability.Your overall tax liability or refund will depends on the MO DOR decision that hard to predict.

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