Discussion:IRS Lost Return
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Discussion Forum Index --> Tax Questions --> IRS Lost Return
RoyDaleOne (talk|edits) said: | 27 April 2009 |
| In January 2009, Client receives notice of not filing 2007. Calls IRS. The IRS person on the phone, after 30 minutes, states yes they the return but have not processed the return. Today client receives second notice about not filing the return and the notice states that if the client has a copy of the return to to make a copy. Sign the copy. Mail to address included in notice.
This is the second or third notice of this type my clients have received. In response to the previous notices to other clients the return was signed and mailed to the IRS. The IRS processed the return as being filed as of the date of the copy. Late!!!!! In the current situation a check for $5,000 was send with the return, paper filing. The check cleared the client's bank account. I would guess this is good evidence that the return was filed, not absolute, but very good coupled with other items. Do we response with a copy of the return and a transmittal letter saying the return was filed and here is why. Or, just send the IRS a signed copy of the return. Is the taxpayer under any obligation to provide a signed copy, if there is evidence that the return was filed? More hassle then it is worth? | |
Ksnoopytax (talk|edits) said: | 27 April 2009 |
| I would send them a signed copy of the return and then deal with the separate notice for late filing if it comes. Even if they try to argue that your return was considered late you can respond to the separate late filing notice with a copy of the check. I just dealt with a non filing notice for 1099's that the client did send in. They waived the civil penalty solely on the client's previous good filing history with no proof. I'm suprised more paper returns don't get lost by the IRS. | |
| April 28, 2009 | |
| I would send a signed copy of the return, a letter explaining the return was filed on time, including the date filed, and a copy of both sides of the cancelled check. Include a copy of the IRS notice and mail to the address on the IRS notice. | |
Michaelstar (talk|edits) said: | 28 April 2009 |
| RoyDaleOne - If we were to look at it from the clients point of view - while a hassle - yes, the client does not feel comfortable having received this notice and the perceived issues that it creates.
I would take the following steps in attacking this issue. Have had to do this in the past (unfortunately) and it has worked every time. Have the client sign a copy of the return for refiling. Attach a cover letter (one page only) "under penalties of perjury" and a copy of the check as Deback suggests stating that this return was filed timely and that you are complying with the notice you received - copy of the notice attached as well. Also request that this copy be accepted as being timely filed and request that no penalties or interest be assessed. Mail everything certified mail / return receipt. If you do not have a POA on file for this client, prepare this as well and file it with the IRS so that you will now receive any additional notices. If any additional notices are received, call the IRS and well - you know the rest. You'll look like the allstar that you are when it is all said an done. Good luck. | |
