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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16576
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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I have a reversed problem which means IRS was my on my side

Customer Question

I have a reversed problem which means IRS was my on my side but I still may have go to jail from 2 years and to pay a fine of 100 thousands.
What happned is this:
1. Before the deadline for the tax year 2013 which is April the 15th, 2014 I filed the form 4688 Automatic 6 months extension until October 15th 2014. In good faith I estimate that I do not owe a significant tax
bill to IRS.
2. But in the month before the requested deadline of October 15 th 2014, my aging mother of 92 years had serious health problem from her Alzheimer disdorder and my brother was hospitalize for 6 months from stage 3 cancer. He was under treatment of chemotherapy.
As a caretaker for both my mother and my brother, I have to ask for additional time to file my tax. Therefore I filed the form 2688 for additional time to file the 1040 form for 2013.
I have requested a year of additional ytime until October 15 2015
3.The department of Justice (DOJ) has charged me in May 2015 that I refused to file tax of 2013 fiscal year.
But I told the DOJ prosecutors that I have already filed the additional request for additional time. In April, IRS has told me they need 45 more days to examine my request.
4. To be sure that I will not be charged by the DOJ, I have filed the form 1040 for the fiscal year of 2013. I also paid the tax due of 509 dollars check to the IRS which was cashed and stamped by I R S.
5.DOJ did not seem to pay attention to the IRS.
Can you please tell me what I need to do?
IRS should have the last word or authority to tell DOJ to know IRS has cleared me from any wrong doing.
IRS in this case has the ultimate power to decide on the tax matter not the DOJ
Thank you
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.

Thanks for your question. I am quite positive that there is more to your story -- the DOJ is not concerned especially for taxpayers who only owe $509 in taxes. You complied with filing your return, so you should be fine. I highly doubt that if your account is correct there will be an issue. It costs tens of thousands of dollars to care for someone who is incarcerated, and if you would not be good for the 100,000 fine then that doesn't benefit the government, either. The best thing to do is prove that you filed the return. As long as you remain compliant you should be fine.

Please let me know if you need anything additional. If not please rate positive.