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Ratings. Guidance. The Right Lawyer.
Is the IRS required to provide a tax refund if income taxes were filed late
Chicago, IL
Viewed 697 times.
Posted 10 months ago in Tax
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IRS:
I refile my 2003 and 2004 taxes on decemcer 2008; a refund is owe to me by the IRS, yet they are not relasing my refund; they requested a good reason why i file late.
I filed my taxed 2003 and 2004 on 2006 and they were missplace, yer per my phone conversation with the IRS they said to refile. Now they dont want to relase my tax refund do to the Status of limitation; is there something I could do to get my 2003 and 2004 refund from the IRS - Is this your question? Add additional information Answers (3)
Paul S Ham
This attorney is licensed in California.
Posted 10 months ago.
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If I understand your question properly, the IRS had denied your claim for refund based on its determination that the statute of limitations for claiming a refund under Section 6511 of the IRC has passed. If the IRS determination is correct, it would be difficult to challenge. One method is to claim that you should be applied an exception to the statute of limitations because you were financially disabled, which led you to make your claim for refund late. However, all of the facts and circumstances must be examined. The only way to dispute the IRS claim, however, would be to file suit in federal district court.
Paul S Ham
This attorney is licensed in California.
Posted 10 months ago.
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If I understand your question properly, the IRS had denied your claim for refund based on its determination that the statute of limitations for claiming a refund under Section 6511 of the IRC has passed. If the IRS determination is correct, it would be difficult to challenge. One method is to claim that you should be applied an exception to the statute of limitations because you were financially disabled, which led you to make your claim for refund late. However, all of the facts and circumstances must be examined. The only way to dispute the IRS claim, however, would be to file suit in federal district court.
Franklin Moore Mclaughlin IV
This attorney is licensed in California and 2 other states.
Posted 5 months ago.
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Mr. Ham is correct. You must file a claim for refund within a specific period of time. Otherwise, you do not have the right to the refund. Conversely, the IRS has certain time limits in which they can challenge your tax returns.
I suggest you speak to a local tax attorney with experience dealing with these issues. Most likely, though, based on the information you provided, you will not get your refunds. |
