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Tax.appeal.168
Tax.appeal.168, Tax Accountant
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For the 2009 tax year ending 12/31/2009, my understanding is

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For the 2009 tax year ending 12/31/2009, my understanding is that an individual's Federal Tax Form 1040 had to be filed by April 15, 2013, in order to obtain a refund from the government. Filing would still be mandatory after that date, but a refund would not be made by the IRS even though one might have been due if filed by the due date


The question revolves around whether the filed report had to be postmarked by 4/15/2013 or had to be received by the IRS by 4/15/2013?  In your response, can you reference an IRS ruling, case law, or something similar that makes this distinction as to when the taxpayer forfeits his right to a refund?

Welcome. Thank you for choosing us to assist you. My name is XXXXX XXXXX my goal is to help make YOUR life, a little...LESS taxing.

Q: The question revolves around whether the filed report had to be postmarked by 4/15/2013 or had to be received by the IRS by 4/15/2013?

A: The return would have had to be rec'd WITHIN the 3 year period, meaning that the IRS would have had to receive it before or on April 15th. The return being postmarked by April 15th, indicates that the return was not rec'd by them within the 3 year time period. SEE BELOW:

(a) Period of limitation on filing claim

Claim for credit or refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid.

REFERENCE SOURCE (1):

http://www.law.cornell.edu/uscode/text/26/6511

In normal cases where a person is filing a return timely, the postmark date of April 15th will be sufficient for the return to be considered filed timely, but for the late claim for the refund, the key phrase is "within the 3 year period".

I am sorry that I am unable to provide you with a more favorable response. Please let me know if I can be of further assistance to you regarding this matter.

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Hello again,

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