Paid $25,000 of $144,000 restitution, since 2010. In 2013 paid IRS tax on the $144,000. Can I file 1040X for 2010, 2011,2012?

Asked over 1 year ago - Brooklyn, NY

The court ordered me to pay $ 144,000 restitution. I pay 10% of income each month since 2010. In 2013 IRS demanded $36,000 in tax and interest on $144,000 from 2007. I paid the IRS. I have paid about $25,000 so far...not missing a single payment. Can I file amended returns for 2010, 2011 and 2012 to adjust for the repayments made, of the $144,000 "income"? I did not plead guilty nor was I convicted of embezzling the $144,000. I pleaded guilty to a single count of conspiracy.

Attorney answers (2)

  1. Evan A Nielsen

    Contributor Level 18

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    Lawyer agrees

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    Answered . Yes, you can amend 2010, 2011 and 2012. You'll need to finish 2010's amendment and have it submitted by 4/15/2014.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The... more
  2. Daniel Boyd Waters

    Contributor Level 10

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    Lawyer agrees

    Answered . You should be able to claim the deduction as a Schedule A miscellaneous deduction subject to the 2% of a.g.i. limitation.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

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