BulldogTom Posted March 4, 2008 Report Share Posted March 4, 2008 I have a client that I am fighting for EIC/CTC/ACTC/HOH for several years. We just won for 2007, but I am troubled by the letter that says the client has "recertified" for the EIC for 2007. Under what IRC code sections or regulations does one find the requirements for certification and recertification for EIC? I still have 2006, 2005, and 2004 to get for him, and I don't want to have missed anything. Thanks in advance for your help. Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
Eli Posted March 4, 2008 Report Share Posted March 4, 2008 I have a client that I am fighting for EIC/CTC/ACTC/HOH for several years. We just won for 2007, but I am troubled by the letter that says the client has "recertified" for the EIC for 2007. Under what IRC code sections or regulations does one find the requirements for certification and recertification for EIC? I still have 2006, 2005, and 2004 to get for him, and I don't want to have missed anything. Thanks in advance for your help. Tom Lodi, CA Hey Tom, Just got a call from a client who received a similar letter (he read it over the phone). He's going to bring it tomorrow. We'll see exactly what it says. I'm thinking that it means he won't need to file form 8862 anymore for the coming years, but not sure. Let me know if you find anything out. Hope you & your family are doing well!! Eli Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted March 4, 2008 Author Report Share Posted March 4, 2008 We are doing great Eli, and I hope you are too. The form 8862 requirement is mentioned. I realize what that is. My real question is what are the code sections that the IRS is relying on to be able to say that they have recertified the client? I am going to be fighting for 2004 and 2005, and the client is in the middle of a 2006 audit. All have to do with blanket rejections of EIC because the client was rejected for EIC in 2003 and never got good representation. So now, in 2007 we win and the client and his kids are "recertified". Can I take that back to prior years? What does "recertified" mean in a legal sense? Does this only apply to 2007 and forward? That is why I want code sections and regulations. Then it does not mean whatever the auditor wants it to mean. I am just looking for every advantage I can get. Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
SCL Posted March 4, 2008 Report Share Posted March 4, 2008 imo - i'm not exactly sure what you mean by 'won recent for 07', but it sounds like irs caved on their prior year disallowance of eic for at least the last two years (cause i think that is how long a simple disallowance is in effect). you seem to be winning the fight for the last two years, and by extension, however far back is your claim within the statute of limitations. Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted March 4, 2008 Author Report Share Posted March 4, 2008 "Won the recent 07" means they put a hold on the refund (as we expected), we called on behalf of the client, IRS then sent us the nice letter saying you get your EIC. Getting the right result for the client is a win in my book. We expected to have to go through an audit. Better than expected results. Especially when the client has been jacked around since 2003. I am just wondering if there is a reg or code section that I missed that mentions this "recertification" process. Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
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