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legalgems, Lawyer
Category: Legal
Satisfied Customers: 9905
Experience:  Just Answer consultant at Self employed
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I am writing on behalf of my sister. She did not do her

Customer Question

I am writing on behalf of my sister. She did not do her California tax in 1993 because she did not earn enough through here job that was finished in May 1993.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California. In 2015 the state of California garnished her bank of $13,000 telling her that she worked for a doctor's office. We have a letter from the doctor's office showing that she never work for that office. The state says that we had one year to appeal and now the case is closed. My feeling is that if they were allowed from 1993 to 2015 to pursue her over an income that she did not receive, why is there such a short time to argued that we have been robbed by the state of California of this huge amount of money over a salary that she never received. What is our recourse?
JA: Has anything been filed or reported?
Customer: I talked with the agents and they told me that since we did not respond in due time, the case is closed. We claimed my sister did not wor; they claimed she did. I asked them to show us some sort of documentation because we had none. They told us that this documentation is private. Finally, the doctor's office was willing to provide a letter telling us that my sisters never worked for them.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think this is it.
Submitted: 8 months ago.
Category: Legal
Expert:  legalgems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 8 months ago.

I am sorry to hear this; so there was an audit and the customer is requesting that it be reopened and the IRS denied it correct? If so was a written audit reconsideration requested or was the request verbal?

Customer: replied 8 months ago.
The request was made verbally. The first agent who handled the case is no longer there. The second agent told me that the term for reopening the case expired.Since we did not have any documentation we asked them to provide documentation showing that my sister worked. After many year we were able to get the doctor's office give us the information that she did not work, but the agent told me the case now is closed. sorry I had another meeting coming. I will call on Friday
Expert:  legalgems replied 8 months ago.

It is important that all communication be in writing.As opposed to verbal.

Here is the relevant information on re-opening cases: (02-01-2011)

A tax advocate should be able to assist in this issue.

That information is here:

But it is very important that everything be adequately documented, because as individual agents leave, often there is no way to determine what has transpired unless it is in writing.

Kindly rate 5 stars please!

  1. In reviewing taxpayer contacts, make a determination if it is necessary to reopen a prior closed case. This section provides guidance for reopening cases. Reasons for reopening TAS cases may include:

    • Additional information provided by the taxpayer which was not previously considered.

    • There was an IRS error that prevented case resolution.

    • A late response from the taxpayer on a case that was closed due to no response.

    • The taxpayer is dissatisfied with the resolution of the case, and there is corrective action that can be taken.

    • An internal review indicates that the case was not completely, or was incorrectly resolved.

  2. A decision whether or not to reopen a case is made by the TAS office that closed the prior case. The decision to reopen a case must be made within 1 workday on criteria 1-4 cases and within 3 workdays for criteria 5 - 9 cases, of receipt of the contact in the TAS office. The account must be controlled on TAMIS within one workday of a decision to reopen the case.

Expert:  legalgems replied 8 months ago.

thank you!

Expert:  legalgems replied 8 months ago.

You were going to follow up on last week so i just wanted to make sure you have all the information you need. please let me know if you want anything else!