Statute of Limitations Issue

Feb 23, 2011 1 Replies

Taxpayer paid taxes late, more than three years after the due date. If he had filed on time, he would have gotten a refund due to the earned income credit.



After the return was finally filed, the IRS, of course, refused the refund.



Now he wants to try to get it back based on his claim of an inability to file on time under IRC §65111(h)(2)(A) and Rev. Proc. 99-21.



I'm guessing that an amended return wouldn't work, because there is really nothing to amend other than including the health excuse.



So what's the best procedure for making the claim?



Thanks.


IRS should have notified your client of the statute-barred refund in Ltr 105C. The letter normally includes appeal rights and address where to send an appeal. Just prepare an appeal in accordance with Rev. Proc. 99-21 and mail it to the address indicated in the refund disallowance letter.

Amen Coder

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