Federal tax law/cpa question

[DJSapp]

Exciting shit, but maggots never disappoint with the things we know about.

So I filed an amended return for 2009 due to some revisions to my company's books (and get a significant refund). The 1040x was postmarked on 4/15/13, and received on 4/17/13 by the gov. My 2009 1040 was filed on 4/15/10 (unextended). I have received a letter telling me to get stuffed and I get $0.00 of the four figures I am owed. I called the IRS to get clarification and they said they needed to have the 1040x in their hands on 4/15/13 to process the amended return. Is that crap and should I appeal it, or should I bend over and take one for Uncle Sam?

If there is a relevant case for appeals, please let me know some details so I can quote it in my appeal letter.

And I called Dan Samas, he's booked solid right now, and he needs some help figuring out what new car to buy.

[Marshall Tucker]

If you can prove you gave it to the post office before 12:00 Midnight on the 15th I think you'd win, but that proof is tough. In my travels stamped certifed mail receipt, or fedex type receipt works. Sometimes on smaller stuff I'll copy the face of the envelope after pitney-bowes stamp but I'd probably be a looser in court.

Lesson to those reading, IMO, ANYTIME I respond to a taxing authority, regardless of amount, it goes certified, and the first line of my letter is "Via Certified Mail, receipt number XXXXX." If I'm sending in a form then I write that accross the top of the form. If I don't do that, I know I'm at risk.

Iesson to tho

[DJSapp]

...I spoke with the IRS, and the person on the phone straight up told me she was looking at the scanned envelope postmarked 4/15/13.

No certified certificate though

[Marshall Tucker]

^ Other mags in the industry chime in - my $.02 think you copy the notice you receive, send them a response in writing certified mail, very roughly

"enclosed is a copy of your corresondence of x date concerning My december 31, 2009 amnded return.

Via telephone conversation such and such date such and such time, Jane doe (or Martha Williams, i.e. who's to say that wasnt her name) (ALSO if you EVER speak to the service again get a NAME and a BADGE NUMBER) confirmed your receipt of my amended return by 5:00 PM on April 15, 2013. Therefore, the amended return was timely filed and your correspondence is in error. I enclose a copy of the completed amended return as filed for your reference.

Please process the return as soon as possible as the amount concerned is quite material to me. In the aternative please contact me as soon as possible at addresss/phone number above.

VTY

DJ Sapp"

[irul&ublo]

http://www.law.cornell.edu/uscode/text/26/7502

Where do I send my outrageously high bill to?

[Art Shirk]

http://www.law.cornell.edu/uscode/text/26/7502

Where do I send my outrageously high bill to?

Your High School English teacher?

[DJSapp]

Thanks Marshall and Irul, that's some firepower for the appeal. I'll have to call back to get another name and badge number, I didn't write that one down. 45 minutes of my life on hold all over again.

Do keep in mind that Dan Samas only charges if he wins, so if I get paid I'm buying you guys beers. If not, swift kicks in the ass all around.

[Benny Profane]

Gotta Call Saul.

[DJSapp]

So how's this look for some internetz lawyering?

August 21, 2013
Reference letter xxxxxxxxxxxx

Internal Revenue Office Appeals Office

We are in receipt of a letter dated Aug. 13, 2013 (reference # xxxxxxxxxxx) disallowing our amended 2009 Form 1040X in its entirety. We wish to appeal this decision on the following grounds:

• On 8/20/2013 at approximately 10:00 AM, ____________ called the IRS and spoke with Mrs. Hunter (badge number not recorded) and verified that the envelope containing the 2009 1040X was postmarked on April 15th, 2013 and scanned into the IRS processing system.
• On 8/20/2013 at approximately 12:45 PM, __________ called the IRS again and spoke with Mr. Schwerin (badge number 0270653). Mr. Schwerin was unable to view the scan of the postmarked envelope due to system difficulties, but did confirm that the 2009 1040X was in the system.
• Per 26 USC § 7502 - Timely mailing treated as timely filing and paying –
The date of a U.S. postmark on a return, claim, statement or other document shall be deemed to be the date of delivery. The postmark of April 15th, 2013 should be the correct date of the receipt of claim, not June 11, 2013 as stated in the Aug. 13th letter.
• Per IRS chapter 4.90.7.4—Statue of Limitations § 6511—
The Specialist must always check claims to verify that they were timely filed. Generally, a claim must be filed by the customer within three years from the time the original return was filed, or two years from the time the tax was paid (or applied from another return), whichever period expires later.

As the return was postmarked on April 15th, 2013 (and therefore filed on that date), the correspondence dated Aug 13, 2013 is in error. The return was filed in a timely fashion and as such, the entire claim should be allowed for consideration.

This request for appeal is respectfully submitted by:

DJSapp
lots of personal info.

[irul&ublo]

Your High School English teacher?

"This is the sort of English up with which I will not put" ....... Attributed to Churchill, but probably not.

There was a young country boy who was very bright. In fact he was bright enough to be accepted to Harvard.

One of his first assignments at Harvard was to write a paper on a famous person. He didn't know who he would write about so he decided to go to the library and do some research. But he didn't know where the library was. He saw a professor walking down the hall. He stopped the professor and said to him, "Do you know where the library is at?"

The professor looks at him strangely and says, "Young man, here at Harvard we never end a sentence in a preposistion."

The young man says, "Oh, excuse me. Do you know where the library is at, asshole?"

[irul&ublo]

So how's this look for some internetz lawyering?

There's no latin. I suggest: Stercorem pro cerebro habes.

Good luck

[Art Shirk]

"This is the sort of English up with which I will not put" ....... Attributed to Churchill, but probably not.

There was a young country boy who was very bright. In fact he was bright enough to be accepted to Harvard.

One of his first assignments at Harvard was to write a paper on a famous person. He didn't know who he would write about so he decided to go to the library and do some research. But he didn't know where the library was. He saw a professor walking down the hall. He stopped the professor and said to him, "Do you know where the library is at?"

The professor looks at him strangely and says, "Young man, here at Harvard we never end a sentence in a preposistion."

The young man says, "Oh, excuse me. Do you know where the library is at, asshole?"

Mr. Irul, here is a dime. Take it, call your mother, and tell her there is serious doubt about you ever becoming a lawyer.

[rideit]

Lesson: procrastination sucks.

[DJSapp]

Lesson: procrastination sucks.

Yeah, tell it to my corporate accounting division. The revised k1 came out on the 13th.

--------------------------------------
my phone is better than yours.

[rideit]

You need to fire them.

[Marshall Tucker]

DJ you are not appealing anything yet and are a long way from it. You've gotten a notice and you are responding to it. You need the certified receipt # in the body of the letter.

You are trying to get the service to "reverese" their letter without doing anything terribly formal. If you can get another employee to verify the april 15th post-date and get thier badge number I'd think your golden, but do try to avoid over-lawyering your response. You want to make the point in the letter that thier original correspondence is wrong based on thier verbal repsonse, and to process the amended return as filed. "if you (the IRS) disagree please contact me asap." You want a polite posturing of "I know I'm right, and you know I'm right. now please make the change"

This is a long process. if you have the $ by christmas you'll be doing well.

[DJSapp]

@ rideit: we fired the old guys. These new guys looked over the old guys' work and found a couple million in credits that we as a company missed. The rush was on to make the deadline for amending returns, so this is all a windfall.

@ marshall:

The letter I received has a couple very specific points that must be stated to begin an informal appeal (i.e. response). I hit those points and nothing further (they asked for relevant legal info and to state that I want to appeal their decision, so I did). The dollars involved are small enough to skip the big dollar formal appeal, but it still goes directly to the IRS appeals division. My brother works for the IRS, and he told me that once a letter (letter 105c to be specific) has been issued, the next step is appeals and reconsideration, or bend over and take it. He also told me there is a lot of internal confusion on the 2-year vs. 3-year amended return rule, and that I have a better than average case for appeals and got unlucky with whomever reviewed my return. He finally told me that based on what I presented him with, the reviewer would most likely have the case decided within a minute. Most likely, they botched the filed date because the amended return was internally shipped from one office to another, and got re-date stamped upon arrival in the second office. Looking at the scan of the postmarked envelope will settle that.

You are probably right about not seeing any cash by christmas though. They move at a glacial rate.

[neufox47]

You shouldn't have joined the Tea Party.