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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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2001 IRS Return

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In 2002 I got laid off, then shortly after I got divorced. 2001 Taxes: My ex had filed an extension for both of us, shortly before the divorce After the divorce; she said she decided to file separately. Because I was a bit in a daze, I never followed up with the IRS. I didn't start working again until late 2003. I have never went to anyone to re-visit that 2001 return. Any thoughts?  Am I really going to get an IRS visit 10 'more' years from now, like they are just waiting for the 'right' time to audit me?  I almost feel like I will never hear from anyone ever.


LEV :

Hi and welcome to Just Answer!
Several issues...
1.Because you did not file the 2002 tax return before the due date (including extension) - the fact of filing an extension is not relevant anymore.
2.Possible outcome depends if your withholding in 2001 was more or less that your actual tax liability - which you may only calculate by preparing your 2001 tax return.
3.If your withholding in 2001 was MORE that your actual tax liability - there is the three years statute of limitation to claim a refund - so even if you file a tax return now and will be entitled for a refund - the IRS will not issue any check because the statute of limitation was run out.
4.Because the tax return was never filed - the statute of limitation for the IRS to assess additional tax liability is not applied - and generally - if your withholding in 2001 was LESS that your actual tax liability - the IRS may legally assess that liability and penalties - but they rare do so after three years. So from practical point of view - you should not expect any issues and I would not worry..
5.If you have information about your income back in 2001 - I might suggest to estimate your tax liability - just for self-assessment
Here are the tax form and instructions if you decide to do so.


<table border="0" class="picklist-dataTable">


Form 1040
U.S. Individual Income Tax Return
2001


Inst 1040
Instructions for Form 1040 and Schedules A, B, C, D, E, EIC, F, and SE
2001




Let me know if you need any help.

Customer:

I believe I would have owed about 1,700 because of the divorce

Customer:

Okay, so basically it's unlikely to get a nasty IRS letter since it's now 10 years and they usually 'act' within 3 years?

LEV :

So - as I said - the IRS has all information about your income and withholding - generally you should receive a collection notice long ago.
The fact that you have not receive such notice - most likely means - the IRS decided not to pursue it and we do not know the reason.
Because the statute of limitation doesn't apply here - legally - the IRS MIGHT start collection any time - but considering teh time period I do not expect they would.

LEV :

Yes - very unlikely.

Customer:

I figured that it would be that 'gray' area; I understand

Customer:

thank you

LEV :

You are welcome.

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