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Amended 1040X for irs: i qualify for the irs' "financial disability" due to ptsd. If i pursue how "public" is the diagnosis?

Ovid, MI |
Filed under: Debt Tax return Tax law

The years around the trauma (rape) I did what I could tax wise. I filed irs and state taxes but just took standard exemptions. I was dealing with getting through the day and didn't have money for tax help--or the energy to get receipts pulled together. For 2007 and 2008 I would have saved over 25k itemizing. Now I'm having money problems and want to amend my return. However, those tax years can't be touched ( too long ago). I do qualify for financial disability and know doctors would write a statement. My concern is how public my diagnosis would become? Eg would it be permanently noted in my file? If I were to run for public office would it come out? Would my future filings be flagged/more likely to be audited?

Attorney Answers 2


  1. Unless you take a matter to Court, information you provide the IRS is not shared and not contained in any public file. In fact, IRS employees have lost their jobs just for viewing files of taxpayers that they had no business viewing. (Some even went to jail for nothing but snooping.) So, rest assured if your claim stays within the confines of the IRS through administrative procedures, your secrets should be safe. However, if you elevate your claims for refund to the Courts, then all best are off and the entire matter could go public.

    I also caution you about your postings online. Although you may think you are anonymous, you are sharing information that people may be able to determine who you are. So, you should not make any further postings (other then marking my answer best...LOL). Rather, you should seek advice in your state.

    Good luck.

    Marty

    Marty Davidoff, emd@taxattorneycpa.com, 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.


  2. As Mr. Davidoff has sagely observed, the information in your tax returns is protected from disclsoure - except in unusual situations - by statute. No, your future filings would not likely be flagged and more likely to be audited.

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