s-corporation had depreciated some of it's assets under IRC 179 in 2008, however, the depreciation amount was disallowed in 2008, and was carried over 2009 which was passed thru the personal return of its shareholder. Now IRS is auding the 2009 return for both the s-corporation and its shareholder for the depreciation. The s - corporation has been formaly dissolved in 2011 and has been non-operational since then. The 3-year SOL for 2009 tax assessment run out in Dec 2012. I am looking for some advice from a tax attorney.
They can audit the S corporation even if dissolved. And the statute is 3 years from the date of filing assuming a calendar year S corporation. So for 2009 the due date is March 15, 2010, so the statute expires March15, 2013.
You need to think long and hard about your choices here both from a tax and non-tax perspective. He pays nothing toward a child he fathered? Try to project yourself in his ex-wife's position. How would you feel about him not providing support to your child?
As for the taxes, if you file a joint return your refund is fair game. If you file married filing separately then you will pay more in taxes (or end of with less of a refund if you overwithheld.)
Hope this helps.
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Attorney Fromm is correct. You can be audited for 2009 until 2013. The dissolution of a corporation does not prevent the 2009 returns from being audited.
Phillip M. Smith Jr.
Los Angeles Tax & Business Attorney
Licensed in the United States Tax Court
Call: 323-292-4116 or 562-505-1004
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What sort of advice are you looking for?
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