Amending a return

Call the IRS and talk to them. It may be possible that a free transcript would satisfy your needs. While you're on hold, smack yourself upside the head frequently to remind yourself to always keep a copy of your return.

"Me" wrote

The person who prepares the amended return signs the amended return.

Don't forget your state return. It may also need to be amended.

Well, he's required by law to have given you one when the return was prepared last year.

While he's not required to give you a second copy for "free", he should be willing and able to get one to you after you pay for his copy costs.

It might be the quickest way to get a copy.

Question: If you don't have a copy of last years return, how do you know there's a mistake on it, and how do you know it's the preparer's fault?

When he gave me the original for signature and a copy for my files on April

15, 2008, he included his worksheet. The line for health insurance premiums was filled in thusly "????" Those premiums are $3600 a year. I receive SSDI and he knows I have health insurance. I don't recall if I had given him the information, but I know he never asked for it to prepare the return. He could have at least given me a call. I didn't notice it April 15. Why didn't I do something about it afterwards? I have no excuse, but I do have a reason. I'm disabled with a ton of health problems. I had reached the point where I just didn't care. I didn't followup until February because I was in the hospital and got out on january 14. It's been a busy and fatiguing year. I can't find the documents for 2008, but I know for an absolute fact that the insurance premiums were never addressed. He should have called or emailed at least once, but didn't.

Here's the email chain between us. I took his December email response to mean that I would owe 1500 for the savings bond interest and that he'd get back to me before Jan 15 on whether I'd have to make an estimated payment.

Sent: Tue, 18 Nov 2008 9:21 am

Jim, I cashed in some Series I savings bonds last week and recognized about $10k interest income. Will I have any estimated tax payments to make in January or before April 15?

I cashed in my Roth Conversion IRA about three weeks ago. No money was withheld for taxes or penalty for early withdrawal. My last contribution was in early 2003. Is there any tax consequence to that withdrawal?

-----His response december 16:"Sorry for the delay in my reply. You should set aside $1,500 for the Savings Bonds cashing, as you are in the 15% tax bracket. I will look at your file to see how you came out last year. Perhaps you may be covered without making the additional estimated tax payment. You should have no tax consequences in cashing the Roth since it has all been contributed at least five years ago. I'll let you know if I come up with any other thoughts. Keep warm.....Jim, Your CPA"----I followed up Feb 9 and asked him again & got the following on Feb 11"I sent you an e-mail in December regarding your question. You should probably send in $1,725 (15%) to cover the Savings Bond interest income. I'm "shooting in the dark" here, because I do not know what you have in capital gains or losses, how much you took out of taxable IRA funds, and how much your medical expenses are for

2008. So the $1,725 (15%) will cover the bond interest. Let me know if you have any other questions. "

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I asked him last week to send them and I'm not complaining in the least that he hasn't replied. It will take time. This is his busy season. I understand that.

I'll call the IRS if he doesn't send them to me.

"Me" wrote

And you know all this but don't have a copy of the return?

My intent here is not to castrate your tax preparer, nor to put him upon a pedestal, because there is insufficient facts to make a determination.

Medical costs you pay are deductible if they exceed 7.5% of your Adjusted Gross Income (AGI, found at the bottom on Page 1 of the 1040). If, when combined with all your other itemized deductions, the total exceeds your standard deduction, then you have the ability to claim your medical expenses.

So far the data you presented doesn't indicate that there is anything wrong with your return. Your standard deduction was at least $5350 for 2007, which exceeds your medical premiums (the $3600).

Is it possible that your total medical didn't exceed 7.5% of AGI? Is it possible that your combined deductions didn't exceed the standard deduction? Is it possible that your total income was less than your standard deduction and personal exemption amounts?

Yes, absolutey. I saw the papers recently, but I can't find them right now. The $3600 figure I gave was off the top of my head. Last year our health insurance premimum was $321 a month. On our income, that's not easy to forget. That works out to $3821 per year. I didn't do the math for the purposes of this post because I wanted know if I need my question was do we need his signature and how can we get a copy of the return if he doesn't give it to us in response to my question.

I understand your inference that I meant that the return has a mistake in it. I also should have said "we" or "our." I did not because it was not relevant to my question.

His mistake was that he did not ask us for what I believe is pertinent information. If I had said that, I suspect that you and I wouldn't have this confusion. I am married and my wife and I have no dependants. We had other expenses, mortgage interest, real estate taxes, drug costs. We gave him that information. If the insurance expenses were taken into consideration and the standard deduction was the better or only option is irrelevant. He should have asked and didn't. He had two choices. The first is to assume that the amount wouldn't have mattered. The second was to ask and to find out what the amount was and then make the determination.

Washington state has no state income tax. I mention that here because some poster mentioned tha we should remember to look at that as well.

He is a retired IRS agent and knew we had health insurance premiums. He should have asked what they were and he didn't ask. I want someone who will.

I believe his answers to my emails were insuffient. He said in his December email that he would get back to us. He didn't. I want more clarity.

Thanks.