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In 2011 I made a mistake on my taxes of about $1200 (accidentally

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doubled my property taxes) and...
In 2011 I made a mistake on my taxes of about $1200 (accidentally doubled my property taxes) and I filed late (September 2011). In October 2011 he IRS sent me a letter asking me for a copy of my schedule A and my justification for claiming $14000 + in deductions. I faxed all they wanted right away (1098 forms from home purchase). The IRS then told me I owed them around $4600. I became disabled that year and they dropped the late file penalty and have suspended collections.
This week I got my tax transcript from IRS.com and for the first time saw that the IRS amended my return and had me take the standard deduction instead of the itemized deduction. There is a $12000 disparity between the two figures which is the source of the tax bill.
I spoke to the IRS last night. First the man said I didn't file a schedule A. Then he said I, "filed a 1040A which is form that people who don't itemize use". Clearly this is not true since the IRS requested a second schedule A as I stated above.
I reworked my numbers and my itemized deductions are actually $18000 +. I was on a lot of pain medication when I dealt with taxes during that year. He tol d me to send in a letter with an amended return explaining what happened.
PROBLEM: Even though I didn't file my 2011 taxes until September 2011 the IRS computer has my filing date as 4/15/11 and that takes me past the 3 years (according to the IRS). The IRS man indicated it was too late but I should try anyway. I don't get how I was penalized almost $1000 for late filing but now that the filing date allows me to amend they changed it to 4/11. Also I should get over $3000 that I desperately need this year but I'm afraid the IRS will keep it to pay my erroneous tax bill. I never received anything by mail nor did the IRS tell me over the phone during my numerous calls in 2012/2013 that they changed my tax return and added over $10000 to my taxable income. I need to fix this. I'm not confident the IRS is competent enough to correct this mistake. I have a 1040 x to fill out. I need guidance on how to get this resolved asa
Submitted: 2 years ago.Category: Tax
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5/21/2015
Tax Professional: Robin D., Senior Tax Advisor 4 replied 2 years ago
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15,888
Experience: 15years with H & R Block. Divisional leader, Instructor
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Hello and thanks for trusting me to help you today. I am a tax adviser with over 20 years of experience.
The late filing fee was based on taxes owed which always goes back to the original date the return was due and tax should have been paid. Returns can be extended to October but any tax due (even after the reassessment) are going to start calculating penalties and interest back to the April date.
When they reassess a tax they will use the information on hand and will not calculate on itemized deductions but will use the standard. This results in a lower deduction.
The mistake you made by adding too much property tax is going to be corrected when you file the 1040X and the corrected Schedule A. You will on your corrected Schedule A show all your other deductions. You will need to add in your statement the date you filed and that you requested an extension to October for the original. A copy of the original notice you received should be sent too along with all your Schedule A copies.
If this does not result in a correction then the tax advocate may take over but you have to take these steps first as the advocate assists when all options by the taxpayer has been taken first and the IRS does not follow through.
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Customer reply replied 2 years ago
I guess my best efforts to be clear in my question failed and I apologize. Here goes it:
Late fee-It has been waived. I have been on no collection status since 2012 as I continue to be disabled. My IRS transcript shows the $999 and $85 fee added and removed 12/3/12. This is not an issue in my situation.
You say when they reassess a tax they will use the information on hand. I not only filed my schedule A the first time with my supporting docs but faxed them to the IRS upon request. I never in my wildest dreams thought they would do something so detrimental to a taxpayer. I believed their figures were correct since they never sent me anything resembling a modified return. I had no way to know they did this. It's outrageous they taxed me at an income $15000 higher than they should have and didn't mention it. Aren't they supposed to provide me with an updated return?
I don't know the exact date I filed. I was applying for mortgage assistance through the hardest hit fund and I know it was late August/early September. Is this going to be a problem and how should I handle it? As I mentioned, I was not well having just had major back surgery. Should I mention the state of my health at the time these things happened to demonstrate the extenuating circumstances behind my acute onset of dyscalculia?
Which original notice should I include? The one that asks for my Schedule A and docs?
Lastly, what is the deal with the 3 year rule on amending. The IRS instructions clearly state, "3 years from the date you filed or 2 years since you paid the tax". I won't be 3 years since filing for months and I haven't paid so that leaves it open as well it would seem. In your experience does the IRS try to weasel out of mistakes like this by re writing their interpretation of the rules to the taxpayers detriment? I mean if the law is 3 years from the date you should have filed then it would say that right?
Thanks
Tax Professional: Robin D., Senior Tax Advisor 4 replied 2 years ago
Hello,
Aren't they supposed to provide me with an updated return?
No, the IRS does not have to provide you with an updated return. They do send a breakdown of the changes made when the send the notice for tax that was reassessed. In a way that is an up date.
Health issues are generally a reason for abatement of penalties and for late filing issues. You should mention that and state the dates you were incapacitated.
Which original notice should I include? The one that asks for my Schedule A and docs?
Yes, that is the notice that shows the IRS knew you had filed a Schedule A.
The IRS will stick by the rules and the interpretations that have been in place. They are not free to reinterpret on their own.
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