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Category: Tax
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Experience:  over 40 years experience in tax matters
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Due to a severe illness, I didnt file my tax returns for a

Customer Question

Due to a severe illness, I didn't file my tax returns for a couple of years (2007-2009). The IRS has already garnished my disability income based on their estimated taxes and that garnishment is completed now. Since I own a house, those deductions were not in the IRS estimated-taxes-owed and I usually got money back or at least came close to breaking even. Can I still file those returns somehow and recover what they took?
Submitted: 4 years ago.
Category: Tax
Expert:  Tax.appeal.168 replied 4 years ago.
Welcome, THANK YOU for using Just Answer. My goal is to help make your life...a little...LESS taxing.

You can file the returns to become compliant, but unfortunately, the statute of limitations period has expired on collecting any refund that may have been due to you for the years in question. The statute of limitations on collecting refunds is either 3 years from the date the return was due, or 2 years after you make a payment. As for the money garnished, you will not be able to recoup that either.

Please let me know if I can be of further assistance to you regarding this matter.

Thank you again for using JUST ANSWER.
Expert:  CGCPA replied 4 years ago.

Welcome to Just Answer. I am here to help you resolve your tax and finance concerns. Please feel free to ask anytime you need extra help.

Actually, you can file an amended return for 2009. The original return was due on April 15, 2010 and the 3 year statute gives you until April 15, 2013 to file the amended return. Also, if you do this you will be able to receive a full refund of any overpayment for that year.

The other years are closed but, under extreme circumstances the IRS can open them for you if it would be unjust to fail to do so. If your circumstances were sufficiently extreme and you can convince the IRS of this they may cooperate with you. To begin this process you should prepare the amended returns and take them along with ALL supporting documentation to the nearest IRS office and ask to speak with an agent. The supporting documentation should prove the deductions as well as the severity and duration of your illness. While success is not guaranteed it cannot hurt to try.

Expert:  CGCPA replied 4 years ago.
The policies for these extended refund waivers can be found in Publication 556 beginning on page 13. The publication is available at
Expert:  CGCPA replied 4 years ago.
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