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I am representative brother's estate. He had an IRS refund…

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I am representative for my...
I am representative for my brother's estate. He had an IRS refund check from 1997 in the amount of $2380 that he never cashed. Can I get it reissued?
Submitted: 2 years ago.Category: Tax
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Answered in 2 minutes by:
1/28/2016
Tax Professional: Lev, Tax Advisor replied 2 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,860
Experience: Taxes, Immigration, Labor Relations
Verified

Unfortunately - these money are lost...

The statute of limitation to claim a refund is three years.

That also covers situations when the refund check was not cashed.

The IRS will NOT issue a refund check in such situation.

Sorry if you expected differently.

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Tax Professional: Lev, Tax Advisor replied 2 years ago

Please see the statute here

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

(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.

(b) Limitation on allowance of credits and refunds(1) Filing of claim within prescribed period

No credit or refund shall be allowed or made after the expiration of the period of limitation prescribed in subsection (a) for the filing of a claim for credit or refund, unless a claim for credit or refund is filed by the taxpayer within such period.

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