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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I failed to file our joint return for 2003 within the 3 year

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I failed to file our joint return for 2003 within the 3 year limitations outlined in statute 6511. We were due a refund ($2000) and my husband trusted me with this duty. I hid this from him. I filed an appeal based on the fact I was being treated for depression but was denied because it then is my husbands responsibility. I am fully aware that I was in the wrong. My research has not produced any favorable results in anyone appealing in the Court of Appeals. Are you aware of any avenue I could pursue? Or would my husband have any grounds since he was unaware? I think I know the answer but for the sake of my husband. I have a limited amount of funds to pursue.
Hello regis,

The three year period for filing a claim does not run during any period in which the individual is financially disabled. An individual is financially disabled when the individual is unable to manage his financial affairs because of a medically determinable physical or mental impairment that is expected to result in death or last for a period of at least 12 months.

The physical or mental impairment must be that of the taxpayer, not of some third person The IRS may require proof of the impairment in a form and manner determined by the IRS. An individual is not financially disabled during any period that the individual's spouse or any other person is authorized to act on behalf of the individual in financial matters.

This is the only exception to the 3 year rule on obtaining a refund.

The IRS will not honor claims based on the fact that someone was not aware that a return had been filed or was not aware of the filing requirements deadline.

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Thank you regis.

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Customer: replied 8 years ago.
Thank you, XXXXX XXXXX my research.