IRS tax correction notice problem

May 01, 2009 7 Replies

We received an IRS tax notice saying that they corrected our joint return and we owed additional $3,000 in taxes. They corrected my wife's taxable social security disability benefits on line 20b of the



1040 form. My wife was injured at work in 2005 and was receiving worker comp benefits in 2005, 2006, 2007 and part of 2008. She applied for social security disability in 2007 and the application was on hold since she was receiving workers comp benefits. In early 2008, worker comp cut her off. In September 2008, social security started paying her disability benefits. When we received her 2008 SSA-1099 statement, although she was only paid about $6,000 gross in social security benefits, the SSA statement shows over $51,000 as income in box 3. After asking a couple of tax preparers about this, I found out that social security made the disablility benefits retroactive to
2005, and all her worker comp benefits in previous years became taxable in 2008. I read Publication 915 (social security benefits) and found a section on Lump Sum Election. It says that if the box 3 amount in the SSA statement included previous years' benefits, and box
5 of the statment shows a breakdown of the benefits by year (which it does - it shows the 2005, 2006, 2007 and 2008 amounts), we could re- calculate the taxes using her 2005, 2006 and 2007 incomes based on the itemized amounts by year shown on box 5 of the SSA statement. We got married in 2007. Because of my income, her benefits in 2007 and 2008 were fully taxable (at 85% maximum). However, for 2005 and 2006, she was single and her only incomes were from worker comp (now converted social security disablity), we would not owe taxes on the benefits that she received in 2005 and 2006 since her incomes were too low. On our tax return, I reported $28,000 as taxable income for the benefits received in 2007 and 2008 on line 20b and wrote "LSE" (as lump sum election) next to line 20a as instructed in Pub 915. However, IRS corrected the amount to $44,000 (which is based on 85% of the $51,000 that she received from 2005-2008). So now we owe additional $3,000 in taxes.

Before I contact IRS, could you tell me how we should proceed addressing this and what implications that we may have by contesting the amount? I think I did the calculaitons correctly according to the Pub 915, but I don't want to get into any trouble since this situation has never occurred to me before. We thank you for your help in advance.


If you did not use the LSE procedure and worksheets, would that result equal the IRS result?

If so I would try to call them at the number in the notice.

With luck just speaking to someone there and noting you elected LSE and apparently the IRS had not noticed this, will be all you need to do to get them to correct this.

If you can't reach a knowledgeable person at their contact number, write a reply and attach the notice and also a copy of the worksheets for each year. You must use the worksheets for all involved years. send all this to the address on the notice.

In your reply state you received their notice and you do not agree with their calculations because you used the LSE procedure to calculate tax based on yearly social security income, and they did not.

Advise them your calcualtions used LSE and that you have attached the worksheets for each year and to notify you that they agree with your calculations and have closed this issue.

They might never reply, but hopefully thy will close the issue.

The amount of taxable SS benefits, when it is not a simple RRB payment over its normal schedule (but includes things such as multi-year payments, or repayments of excess back to SSA) is something that the IRS ALWAYS SEEMS TO SCREW UP.

Your explanation was adequate - write it up and send it in.

Thank you for your responses. When I used the $51,000 as base to recalculate the taxable benefits (without using the LSR mehtod), I came up with the amount that they indicated within 5 dollars. It looks that somehow they didn't note the "LSE" that I wrote on the left of line 20a. I'll contact them by phone and hope to resolve this by phone. We are concerned that if we contest the amount, they may start looking at other areas to find errors and ask for documents that are not related to the SS benefits in question. Although I am sure that other areas are accurate and we can provdie all the documents, the process may become very stressful since we are stressed as is now. What is your thought on this? Thank you again for your help.

Sounds like you understand completely. Nothing we can do about the stress or mess created by te IRS, but try to work through it. If you used a paid prefesional preparer, you might have been able to turn over dealing with the IRS to them, but at this point, you seem to understand what to do quite well.

Just returned from tax seminar and when this subject was discussed, our speaker noted that very often IRS just glosses over the LSE written on the line when their clerks input the numbers from the returns. So it tends to be a recurring problem, and you are not alone.

ChEAr$, Harlan Lunsford, EA n LA

If the return had been e-filed, no IRS clerk and no hand-written entry on a dotted line would have interfered with proper reporting, if I surmise correctly.

-Mark Bole

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