Quick background: When I initially filed our Tax Year 2003 return - to the IRS and Connecticut, I incorrectly reported rental property as passive vs non-passive. In February
2007, I filed a 1040-X for both the IRS and the Connecticut Franchise tax Board - to correct that error. I have already received the expected IRS refund. I inadvertently created a new error with the amended CT return. Unfortunately the tax s/w I used (Turbo-Tax) did not transfer all of the required change data - from the "corrected" 1040 to the 1040X that I was filing. I clearly stated the reason for the change was my error with the LLc. I received a CT tax board notice in June that my1040-X filing was in error. Upon talking to a CT state tax agent - I was told to refile the CT 1040-X, correcting the error in my first CT 1040-X. I did that. Most recently I received notice that the second (corrected) CT 1040-X was also declined, due to exceeding the 3 year limit. The letter says to respond within 60 days if I feel that determination was in error. I do feel the CT position is wrong. I clearly stated the reason for change with the initial 1040-X (error in classifying the LLc income). That the tax s/w did not properly transfer the data from my amended 1040 to the 1040-X seems to be a reason to protest their ruling. Is it possible to request that a change to a prior 1040-X - that was filed on time, but "refiled" after 3 years be accepted ? Or should I put this episode in the "lessons learned". Sorry for the lengthy dialogue. Most appreciative of any advice on how to proceed. don
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