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Refunds after three years?


Tax Prep by Deb

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Does any body know if there is any way around the three year statue of limitations for requesting a refund? I'll provide some additional details.

I have a client who before she could file her 2003 taxes in 2004 was diagnosed with brain cancer and spent much of 04 in the hospital and for quite sometime afterwards was undergoing chemo therapy. She made a recovery partial recovery and then relapsed again.

She received some notices early in 06 regarding her 03 taxes but was still undergoing chemo at the time and not well enough to do anything about them. She called me in April to file an extenstion for 06 which I did. She came into the office early July and since then we have been trying to gather records needed to file 2000 and 2003. (2000 was totally an oversite, however there is a balance owed after everything is said and done) She is hoping, even though I've tried to explain to her that it probably won't happen, that they will apply what was to be refunded for 03 to the 2000 amount owed.

I know that basically we lost the right for the refund April 15th 2007. I was just hoping that perhaps someone might know a way around this. Dr. would be willing to make a letter stating her medical condition at the time and for the past three years.

Any thoughts! Is this hopeless?

Deb!

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>>not well enough to do anything<<

I don't think the IRS has a lot of leeway on this issue, as a matter of having the same rules apply to everybody. Their reasoning will be that she was in fact able to handle basic financial obligations. For example, she managed to cover her rent, keep the doctors satisfied, renew her driver's license, and so on.

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Quickfinder Page 16-1 under Notes. "The running of the statute of l for refund claims is suspended for any period during which a medical impairment prevents the taxpayer from managing his or her financial affairs. The impairment must be expected to result in death or must have lasted or be expected to last for a continuous 12-month period. To claim the refund or credit after.........etc. A written medical opinion must support the claim. I think your case is worth looking into....

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Quickfinder Page 16-1 under Notes. "The running of the statute of l for refund claims is suspended for any period during which a medical impairment...

Thanks for the quote. I had searched "thetaxbook" for that situation and found nothing on the subject. Another example of how much better Quickfinder Handbooks are for the tax preparer.

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Thanks to all that replied.

The information provided is helpful and now I have something to tell my client. I also found the information quoted on IRS's web site by just doing a simple search. It's in their publication dealing with appeals. In fact it was pretty specific as to what needs to be on the Dr.'s Letter. Hopefully my client fits into this category.

Again, as always thanks soooooo much for the help!

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lol

getting a little dig in Oldjack?

Just stating the facts Veritas.

I suggested a long time ago, to those authors, that they have more than one book. You just can't cover all the subjects with only one book. Now they are coming out with two which I expect will just be a split of the individual and business entities and enough added info to say they have improved. Quickfinder just keeps improving with even a 5th book on special taxpayers this year. Quickfinder books discusses issues while the other book only mentioning the subject. :lol: Now that might be considered a little dig.

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Just stating the facts Veritas.

I suggested a long time ago, to those authors, that they have more than one book. You just can't cover all the subjects with only one book. Now they are coming out with two which I expect will just be a split of the individual and business entities and enough added info to say they have improved. Quickfinder just keeps improving with even a 5th book on special taxpayers this year. Quickfinder books discusses issues while the other book only mentioning the subject. :lol: Now that might be considered a little dig.

I buy one of each.

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