IRS and partial disallowance?

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  • IRS and partial disallowance?


Answer #1 | 22/12 2013 23:11
The IRS has a 3 year window for amending. 2010 would have been due in 2011, so it's still possible to amend 2010, 2011 and 2012 until 4/15/2014. The fact that he believed he was waiting on the preparer does not affect this. For federal purposes, he's too late for 2007, 2008 and 2009. It's highly unlikely your uncle has been in either a coma or a combat zone--the only reasons the statute would still be open for claiming dependents. Can he prove that his dependents lived with him in the US? If they lived in another location (say, Mexico), can he actually prove he paid more than half of each one's total expenses? He would need proof of the total as well as what he spent.
Answer #2 | 22/12 2013 23:31
He could have gone to another preparer.
Answer #3 | 23/12 2013 05:31
It means the preparer couldn't file because he wasn't legally allowed to. Refunds are forfeit after 3 years, he lost the 2007 on 4/15/11, and so on. There is nothing he can do to get the money now. You can do nothing about the tax preparer, he did nothing wrong. Your uncle could have gone to any one of hundreds of other tax preparers.
Answer #4 | 23/12 2013 06:18
It is too late to get any refund based on 2007, 2008, or 2009. If the $130 was for the original return or consultation, the tax preparer had no obligation to prepare the 1040X and there is no cause for action against the preparer. If the $130 was for the 1040X tax preparation, he can request a refund from the preparer.

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