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Old 04-10-2015, 01:11 PM
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Filing a claim more than 3 years of original filing date

my tax return in 2007 I took money out of my 401K for a down payment on a house and didnt know i had to file it as additional income. I received a notice 2yrs later from the IRS stating that and a bill for the taxes owed on the money I withdrew. Since then all my tax refunds have been taken to pay that taxes owed. I am not disputing the taxes owed but I was not instructed to refiled my tax return to correct the missing income. In addition I had forgotten about moving expenses that i didnt claim. I submitted all the necessary documentation but the IRS appeals office denied my request stating that I waited more than 3 years from the original return date. But I was never given the option to refile ONLY a bill saying taxes were owed. What options do have I have as the disallowed deductions would remove that taxes that are owed.



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Old 04-10-2015, 04:03 PM
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my tax return in 2007 I took money out of my 401K for a downpayment on a house and didnt know i had to file it as additional income. I received a notice 2yrs later from the IRS stating that and a bill for the taxes owed on the money I withdrew. Since then all my tax refunds have been taken to pay that taxes owed. I am not disputing the taxes owed but I was not instructed to refiled my tax return to correct the missing income.===========>>>>>>>>it is your obligation to refile the necessary return; they do not let you know do this. The IRS can/MAY legally file a tax return on your behalf which is called a Substitute for Return. The reason why the IRS will complete a tax return on your behalf is so they can begin collections against you


In addition I had forgotten about moving expenses that i didnt claim. I submitted all the necessary documentation but the IRS appeals office denied my request stating that I waited more than 3 years from the original return date. But I was never given the option to refile ONLY a bill saying taxes were owed. What options do have I have as the disallowed deductions would remove that taxes that are owed.=======>>>>>>>as mentioned above. I guess they are correct; statutes of limitation restrict your right to claim a refund of overpaid tax or initiate litigation to obtain a refund. The IRS may only refund the amount of tax paid within 3 years plus the period of any extension .From your perspective, statutes of limitation prevent the IRS from collecting a deficiency in tax or beginning a civil or criminal case. In short, statutes of limitation provide a date of finality after which actions taken by the IRS or the taxpayer cannot be disturbed by the other party. The overarching federal tax statute of limitations runs for 3 years after you file a tax return or 2 years from the date the tax was paid, whichever is later . If your tax return is due April 15, but you file early, the statute runs exactly 3years after the due date. If you file late and do not have an extension, the statute runs 3 years following your actual /late filing date. Most states follow this federal 3-year rule, but there are a few states that have created their own statute of limitations for tax audits.



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