IRS Stonewall

[TaxmannEA]

I had a person come to me this last summer with an IRS notice about his 2005 1040. Seems that he and his wife were splitting and he claimed the kids and EIC even though the kids lived with the estranged wife most of the year.(Wife had only unemployment, so no chance of EIC.) I got a 2848 signed and convinced them to file MFJ on a 1040X and was able to reduce the liability by about $1700 without using EIC.

The problem is that the amended return has evidently been rejected by the IRS, but we never received a notice or a reason for the denial. I've called the practitioner priority line, but they don't seen to be able to find a reason either. They did say that they would re-send the letter in 10 to 30 days- 3 months ago. Any ideas on how to get them to address the issue? I really believe that the X was correct, but you can't argue your point when no one will talk to you.

[jainen]

>>3 months ago<<

That's eligible for help from the taxpayer advocate. Let them be the pushy ones. You don't really have any rights, because the IRS is free to reject or ignore an amended return. You can't expect them to be very accommodating when someone tries to commit EIC fraud.

[Chrisbry]

Good luck. I'm still trying to get the IRS to process the THIRD submission (since May of 2007) of an Amended 2005 940-Ez. They keep loosing it. The Taxpayer Advocate is my next option -- after tax season when I have time to deal with it again.

[TaxmannEA]

Thanks for the feedback. At leasr I'm in good company.

I might add that this particular client wasn't trying to defraud the system. He really believed that they had done the returns properly. (Lawyer's advice, no less.) He was aghast when I explained things to him.