RE: [taxchat]Hurricane Relief

Using e-services, you should be able to determine one way or another whether the extensions were filed. The client may be remembering what she wants to at this point. If she is an olympic type procrastinator, she may have never file the extensions or filed them late.

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From: taxchat@yahoogroups.com [mailto:taxchat@yahoogroups.com] On Behalf Of Marc Enzi
Sent: Tuesday, September 09, 2008 6:07 PM
To: taxchat@yahoogroups.com
Subject: Re: [taxchat]Hurricane Relief

I have a client who is a procrastinator, olympic world champion type.

I reminded her at least a half a dozen times since 2005, get me your 2004 data or you will lose your refund.

Well, June 2008 she gets her 2004 tax data together; and I tell her that she will likely not get  her $3800 refund.

She is upset, crying, blah blah blah....I say I'll look into what I can do.  i do some research and discover that if she filed 2 extensions, because she lives in county impacted by a hurricane, she may get a 1 year extension on the statute.  She swears she filed both extensions.... So I write the letter claiming relief under the disaster provisions related to this hurricane.

Well, even though I spelled it out in BIG RED BLOCK LETTERS "HURRICANE RITA" across the top of every page of the Tax Return and I stapled a cover letter with big red block letters "HURRICANE RITA" across the top of the cover letter, the genius processing the tax return did not check the disaster indicator box. IRS sent client a notice stating she missed the deadline and has lost her refund.

I called the taxpayer advocate, explained the situation, advocate indicated no disater indicator was checked on the tax return by the 10 key operator...and no indication that any extensions were ever filed.

Client swears she filed the extensions, advocates office she is out of luck because IRS has no record of the extensions being filed.

So what is the next step? Take the denial of refund to appeals?

Thanks,

 

 

 

 

 

 

 

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