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  1. #1
    Join Date
    May 2019
    Posts
    5

    Default IRS is Not Acting on an Amended Tax Return

    I did not file the initial 2014 1040 return until 3/15/2017. I filed as Married filing separately (MFS). I had purposely delayed filing because I was expecting a refund while I was still hoping to be able to file jointly waiting for my wife to acquire an SSN. This SSN did not come till 2018 and in early October 2018 I filed amendments for 2014 thru 2017 adding wife's global income and changing status to Married filing jointly (MFJ). All amendments were processed successfully and additional refunds were issued except for the 2014. IRS send one letter only in November 2018 stating "Please provide a completed MFS I040 U.S. Individual Income Tax Return and any supporting schedules and/or documents that will support your claim."

    I asked the IRS for clarification over the phone as to how it would be possible to file a 1040 with a different status while the legal available vehicle is a 1040-X. (A 1040 filing would be untimely and refund would be rejected automatically -- it is also impossible to account on a 1040 for the refund already received from the original filing). The IRS agent told me to resend the 1040-X with a cover letter referencing my conversation with her, which I did instantly, again attaching all affected schedules. This was done in early December 2018.

    I spoke again with the IRS in early February 2019, and I learned that the 2014 1040-X was marked closed, but the agent did not know why. The agent asked me to send the 1040-X again and refer to my conversation with her, which I did again. I still have not received even one simple acknowledgment that either one of my last two mailings was received and being processed. All mailings were done via either certified or priority mail.

    I need to know what my next step should be here. Is it possible that the IRS is considering the 1040-X as being filed untimely but does not wish to commit to this finding in writing? I would appreciate any help. Thanks to all.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,266

    Default Re: IRS Not Acting on 2014 Amended Return

    Here is the problem, when you file a 1040X it only shows a summary of the transactions. You must include a corrected 1040 with your 1040X, as well as any other of the forms or schedules that were included with your original 1040, that have changed. So, when they asked you for the completed 1040 and all forms and schedules, you should have sent that to them, with the 1040X stapled on top. The 1040 is your backup documentation for the 1004X.

    I hope that my explanation was clear.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: IRS Not Acting on 2014 Amended Return

    one question the op may now have

    is it now too late to do anything about the issue?

  4. #4
    Join Date
    Feb 2008
    Posts
    1,109

    Default Re: IRS Not Acting on 2014 Amended Return

    'There is a statute of limitations on refunds being claimed on amended returns. In general, if a refund is expected on an amended return, taxpayers must file the return within three years of the due date of the original return, or within two years after the date they paid the tax, whichever is later." I sounds like it possible that you missed the SOL on the 2014 amendment since the original due date was 4/15/15 and three years from that would have been April 2018.

    https://apps.irs.gov/app/vita/conten...ed_returns.pdf

  5. #5
    Join Date
    Oct 2006
    Posts
    15,266

    Default Re: IRS Not Acting on 2014 Amended Return

    Quote Quoting jk
    View Post
    one question the op may now have


    is it now too late to do anything about the issue?
    Unless he had a balance due return (original return) it would now be too late to do anything. If he had a balance due return he has two years from the date that he paid the money. If that date was the 3/15/2017 date that he mention in his original post, then he is too late across the board.

    However, it does sound like a couple of agents at the IRS were considering the amended return to be open so its possible that it is being reviewed. However, I would pretty much consider it a hopeless cause at this point. He just waited far too long to deal with it. This is one of those cases where it would have been better to have a tax professional on board.

  6. #6
    Join Date
    Oct 2014
    Posts
    7,199

    Default Re: IRS Not Acting on 2014 Amended Return

    Quote Quoting llworking
    View Post

    However, it does sound like a couple of agents at the IRS were considering the amended return to be open so its possible that it is being reviewed.
    That's likely because the amended returns were filed within 3 years of the original return filing, making the amended returns processable. The problem, though is that while the amendments would be good to increase tax they would not be good to get a refund of any tax paid for that year due to the look back rule you mentioned. So I would expect that the IRS would process the amended return and then respond that no refund will be paid due to the application of that lookback rule. This assumes that the amended returns were considered complete when filed. If they were not considered complete due to the failure to have the 1040 attached then the amended returns may not even have been processable.

    The bottom line is that unless there was tax paid for 2014 within the 2 year period immediately preceding the date the amended return was filed the OP won't get any refund from the amended returns. In that case, I agree that:

    Quote Quoting llworking
    View Post
    He just waited far too long to deal with it.

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