| Not true, Arnie. This is from the US taxcourt website: My petition is due today. Is it too late to file a petition with the Tax Court? |
| No. You can place your petition in the mail today or hand deliver the petition to the Tax Court in Washington, D.C., today. (If the last day for filing is a Saturday, Sunday, or holiday in the District of Columbia, then you have until the next business day.) Using certified or registered mail or a designated private delivery service is preferable because it provides strong evidence that the petition was sent to the Tax Court on the registered mailing date. You will need a postmarked USPS registered mail or certified mail receipt or a receipt from a designated private delivery service. |
From: taxchat@yahoogroups.com [mailto:taxchat@yahoogroups.com] On Behalf Of Arnold M. Socol
Sent: Tuesday, November 11, 2008 3:12 PM
To: taxchat@yahoogroups.com
Subject: Re: [taxchat] Re: Petition Tax Court
----- Original Message -----From: Jenkins LawFirmSent: 11/11/2008 2:24 PMSubject: Re: [taxchat] Re: Petition Tax Court
Donna, with only three days, download and file those forms! Then you will have all bases covered. You should not have to do this, but the new, REORGANIZED IRS is so screwed up, you have no choice but to protect your client.KC JenkinsPS, I don't know why so many responders ignored the fact that you ARE an EA and go on about whether you can or not. You can.On Tue, Nov 11, 2008 at 1:12 AM, D Mullin <geek_girl_dany@yahoo.com > wrote:
I've got one also. Sales tax deduction on Schedule A that is not being allowed. I won't go into all the details but I was told by the examiner to call the Taxpayer Advocates Office... then the next step would be tax court. I am sending the TAO form in tomorrow for this customer.
You could try the TAO first and see what they say.
CD
From: Tina Vanderberg <tmvtaxes@sbcglobal.net >
To: taxchat@yahoogroups.com
Sent: Monday, November 10, 2008 5:41:41 PM
Subject: [taxchat] Re: Petition Tax Court
FYI-I to have two clients right now who have been issued notice of
deficiency before time has passed and cannot get resolved. Not sure
what is going on????
Tina Vanderberg
--- In taxchat@yahoogroups .com, "John Stevens, Equi-Tax"
<equitax@... > wrote:
>
> Donna,
>
>
>
> I assume your client is just trying to avoid the early withdrawal
penalty?
>
>
>
> The IRS has been pulling the trigger fast lately in issuing
deficiency
> notices, in some cases, I've heard, even before the time to submit
> additional documentation has passed, because they know that they
collect a
> lot of money from TP's who just send in the check out of fear. As
others
> have said, you have to be admitted to practice before the Tax Court
in order
> to complete a petition for your client, but the process isn't too
involved,
> and your client can probably do it. After the petition is filed,
the TC
> will send it back to Appeals, where you could then get it resolved
assuming
> you have a POA on file. Make sure it's worth it to your client for
you to
> get involved in order to avoid the $2000 early withdrawal penalty.
I assume
> the tax on the 20k has already been paid.
>
> John Stevens, EA
> Stevens Tax & Accounting, Inc., dba Equi-Tax
> 1870 - 50th St. E., Suite 8
> Inver Grove Heights, MN 55077
> 651-773-5000
> FAX 651-457-4529
> equitax@...
> www.equitax. net
>
>
>
> _____
>
> From: taxchat@yahoogroups .com [mailto:taxchat@yahoogroups .com] On
Behalf Of
> Donna J. Perrone
> Sent: 11/10/2008 2:11 PM
> To: taxchat@yahoogroups .com; 'TaxTalk Listserv Members'
> Subject: [taxchat] Petition Tax Court
>
>
>
> A client of mine received a Notice of Deficiency back in Aug 15,
2008. She
> took $20,000 from an IRA and used it to pay for tuition for her 2
children.
> For some reason, they never received the 5329 with code 8 -
Exemption for
> Higher Education costs. Can't figure out why, because I efiled her
return.
>
>
>
> When we got the Notice of Deficiency, I responded with a letter, a
POA,
> copies of the 5329, and copies of the kids tuition statements
showing the
> fees. For the son, we had $9424 of fees from one semester. My
client didn't
> get me the second semester's fees. We sent copies of both
semester's feese
> for the daughters school account fees.
>
>
>
> Today I received another letter from the IRS with form 886-A
Explanation of
> Items where they are still disallowing the 10% penalty because they
said we
> didn't provide all the necessary documentation.
>
>
>
> Part of the problem was that they picked up 2005 payment amounts,
not 2006.
>
>
>
> Now they say in their letter "Your time to petition the United
States Court
> will end on November 13, 2008. However, you may continue to work
with us to
> resolve your tax matter, but we cannot extend your time to petition
the
> United Stated Court beyond November 13, 2008."
>
>
>
> I have the client calling the schools again to get more complete
printouts
> showing receipts for tuition/fees. But this deadline is in 3
days! I have
> never had to petition the Tax Ccourt and I'm not sure I even need
to.
>
>
>
> Can anyone offer me some advice here how to proceed with this? Do I
> download a form from the Tax Court and file it? Do I even need
to? I would
> appreciate some quick guidance.
>
>
>
> thank you in advance,
>
> Donna
>
>
>
>
>
> Donna J. Perrone, EA
>
> East Haven, CT
>
> 203-469-4939
>
> 203-468-2038 fax
>
>
>
>
>
> IRS Circular 230 Disclosure: Unless expressly stated otherwise, any
tax
> advice contained herein, including attachments and enclosures, is
not
> intended or written to be used, and may not be used, for the
purpose of (1)
> avoiding tax-related penalties under the Internal Revenue Code or
applicable
> state or local tax law provisions, or (2) promoting, marketing or
> recommending to another party any tax-related matters addressed
herein.
>
President
Ways & Means, Inc.
845-562-6070
IRS Circular 230 Disclosure: Unless expressly stated otherwise in this transmission, any tax advice contained herein, forwarded with or attached to this message was not and is not intended to be used, nor may it be relied upon or used, by any taxpayer for the purpose of (1) the avoidance of any tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions, or (2) promoting, marketing or recommending to another party any tax transaction or tax-related matters that may be addressed herein.
Change settings via the Web (Yahoo! ID required)
Change settings via email: Switch delivery to Daily Digest | Switch to Fully Featured
Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe
__,_._,___
