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MDEA

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Posts posted by MDEA

  1. On the federal side you should be able to have the penalties waived under FIRST TIME ABATEMENT. I do not know about the state. I have paid interest and state penalties for clients when I was positive the mistake was mine.I have also split these items when I felt It was also partly client's fault.I have never used my E&O insurance.

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  2. I have one location and a home office.We did 1750 returns last year down from almost 2300 the year before.The JHW store 5 doors from me does the same verification.It is built into their software.The HRB is 3 miles away not much compettition.Two Instant Tax that were my biggest problems are now out of business but may open under differen names.They did pay stub returns for years.

  3. As I had said before if you do not due at least 150 EITC returns you have no major worries.They want only the people who actually take care of the child receiving EITC.I told many of the clients who could not provide birth cetificates to go to court and adopt the child or go to family services and have the child placed with them.I will see if they return this year if they followed thru.I am in Oxon Hill which borders SE DC where unemployment is over 25%.

  4. The EITC was not disallowed, but the preparer was audited. The auditor said for due diligence we had to check birth certificates of dependents that are not son or daughter if EITC claimed. Lost at appeals.

    You can not take preparer penalties to tax court. You file 6118, when that is turned down, you go to Federal District court. Which is where the case is now.

  5. There are few written rules for EITC due diligence.In an audit you must prove that you exercised due diligence.The last audit which I lost in appeals I am going to district court.Know where does it say you must have birth cetificates to prove dependents other than son or daughter.The fine is $17,000.IRS took the preparers refund this year

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  6. Having handeled three EITC audits for preparers that work for me the last two they only checked returns that had nieces,nephews,brothers ,sisters and grandchild.You had to have copies of birth certificates to prove the status claimed.They also wanted proof that the child lived in the household.They looked at the 8867 and it had to be signed to prove you asked the questions.All three preparers had done more than 150 EITC returns. In talking to other preparers that have been audited all had done over 150 EITC returns.

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