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Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 2827
Experience:  18+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.
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I received a notice of adjustment cp21b from the IRS 2011

Customer Question

Hi Pearl. I received a notice of adjustment cp21b from the IRS for the 2011 tax year which would result in a refund. I believe however that I will not receive anything since the adjustment is beyond the statute of limitations.
JA: The Accountant will know how to help. Please tell me more, so we can help you best.
Customer: Ironically, the irs pilfered my 2012, 2013, and 2014 return to pay the supposed debt from 2011.
JA: Is there anything else the Accountant should be aware of?
Customer: They took money I didn't owe them to pay a debt I didn't owe them. My questions are 1. Is there a possibility I'll receive the refund as promised from 2011? And 2. How do I get the money back they took from the 2012-2014 tax years?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Accountant about your situation and then connect you two.
Submitted: 6 months ago.
Category: Tax
Expert:  Barbara replied 6 months ago.

Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

If you did not amend your 2011 tax return, you should call the IRS at the number listed on the CP21B notice and find out what caused the adjustment. Usually, you will receive the refund referred to in a CP21B notice within 2-3 weeks of the notice.

If there is no tax liability for 2011, but your 2012, 2013, and 2014 refunds were kept by the IRS, you will receive refunds for those years as well. You will want to address that issue as well when you call the IRS.

https://www.irs.gov/individuals/understanding-your-cp21b-notice

Please let me know if I can assist you further.

Thank you and best regards,

Barb

Customer: replied 6 months ago.
I guess my question may have been a little vague as it elicited a response that I already knew. I had already read through the information on the IRS page prior to you providing me the link. Please allow me to clarify.Originally in 2011, I failed to claim gross income which amounted to somewhere around 34% of the amount I claimed. Because a company that I had done some work with failed to provide me with a 1099 misc. After a substantial amount of time the IRS decided that I owed them upwards of $6500 for failing to disclose the 1099 income.The IRS seized both my 2012, 2013, and a portion of my 2014 refund to pay the outstanding balance from 2014. In November of 2015, I filed an amended return, which was 6 months beyond the statute of limitations for claiming a refund. I didn't intend to get a refund, but I only wanted to add the additional income and take the associated deductions in hopes of having them return what was taken to pay the supposed debt.Now, 6 months after filing the amended return, I received the CP21B notice which showed all of the adjustments made to the 2011 return, and indicating there was a refund due from 2011 in the amount of $5183. The amended return that I sent in showed that a refund was owed in the amount of $5,998, so I supposed their calculations and mine are close.So here are my two questions:1. Does the IRS have to honor what they stated on the CP21B notice and actually send a refund even though I amended the return well after the 3 year statute of limitations for claiming a refund?2. Regardless of what happens for 2011, what do I need to do to get them to return the 2012, 2013, and the portion of the 2014 refund that they seized and applied to original 2011 balance?Thank you!
Expert:  Barbara replied 6 months ago.

Thank you for the additional information.

1. If the IRS states in the CP21B notice that you will be receiving a refund, you should receive it in the 2-3 week timeframe.

2. As to 2012, 2013, and the portion of the 2014 refunds, you should be receiving the refunds kept by the IRS for those years to pay the tax liability you did not owe.

I would still call the IRS at the number on the CP21B notice you received to confirm the above as well as to give yourself peace of mind.

Best regards,

Barb

Expert:  Barbara replied 6 months ago.

Just following up with you to see if you have any other questions or concerns. If so, please let me know so I can assist you further.

Best regards,

Barb

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