iou1 wrote:

- quote -

Interest, yes; penalty, NO! For you relied on (what you
thought) was adequate counsel. but of course the CPA you
hired will affirm this.

Now that you tell what went on with the efiled return
though, that fellow did WRONG, with a capital W. Any
efiler canNOT transmit any return electronically without the
taxpayer's signature on the proper form.

I'm assuming of course you didn't just send him your stuff
with a blank form 8453 that you signed.

Cheer$,
Harlan Lunsford, EA n LA

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- quote -

You would not send the 1040 but you would send all other
schedules that changed, like schedule A.

All freely provided advice guarantee correct or double your
money back

Frank S. Duke, Jr. CPA
Cincinnati, OH USA

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- quote -

Harlan,

I agree with you that he should have reviewed the return
before signing for it to be electronically filed. But do we
know that he did sign before it was e-filed? I did have a
new client this year who claimed her last year's return was
e-filed before she ever saw it. And then she had to have
him amend it as he had filed it before she had given him her
major deduction (she is in a retirement facility that has
lifetime medical and so always receives a letter in March
with the deductible amount). It seems possible that this
preparer (if he or she actually made up deductions) might
also have gone ahead and e-filed, and, of course, could be
in big trouble if that is the case.

Vida Freeman, EA

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Hi All, thank you all for your responses. The original tax
preparer took itemized deductions (donations, moving
expenses etc.) and filed the return electronically without
my knowledge or consent. When I told him to hold on, he said
the return had already been filed. I was in a different
state and had no control over what he was doing. I've never
even seen him. I think I've learned a lesson the hard way.
So, I hired another CPA and did the 1040X. The second
preparer appropriately took standard deduction (since I have
nothing to itemize :-)) and so I believe there's no need to
send the original (and inaccurate) schedules that the
previous tax preparer had "engineered", correct? I've not
included any interest or penalty myself at this point - hope
the IRS doesn't punish me too much for being honest though I
might have to pay some interest and penalty.

Thanks again to everybody for your help.

IOU1

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iou1 <iou12003[at]yahoo.com> wrote:

- quote -

Attach only schedules and forms that changed, but do not
send Form 1040 itself.

- quote -

Do not send a 1040 when filing form 1040X.

Send any changed forms and schedules.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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iou1 wrote:

- quote -

The 1040x and a copy of any and all schedules forms that have been changed.

Without your knowledge you say? But you signed the tax
return before it was electronically filed. Sorry if that
sounds harsh, for I do know where you're coming from. It
bothers me sometimes when a client is in such a hurry to
sign the forms and his check to me and get out the door ,
even though I'm trying to explain (at least) the major items
on the return.

Question. Is this 1040x being prepared for you by another
preparer? Or are you doing it yourself? Reason I ask is
that either way, you should add the interest to the balance
due and write a check for that total amount. Then, and
only then, IF IRS should send you a bill for further
amounts, e.g. penalties, you (or your present preparer) can
then write a nice letter begging out of any penalties for
having relied on what you thought was competent help.

It would also be interesting to know what the initial
preparer had to say about having beefed up the deductions.
Inquiring minds want to know.

Cheer$,
Harlan Lunsford, EA n LA

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- quote -

1040X and schedules that have changed. And turn in your tax
preparer.

Helen, EA in PA
Member of The Tax Gang
Director, National Assoication of Enrolled Agents
Immediate Past President, PA Society of Enrolled Agents

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Dear All, my previous tax-preparer got a big refund (for the
year 2003) for me by reporting false expenses and credits
without my knowledge. Hence, I am about to file my 1040X and
pay the excess refund back to the IRS. Here are my
questions:

1. Do I need to send the schedules that the previous
tax-preparer had prepared along with my 1040X or it'll
confuse the IRS? The previous return (for 2003) was filed
electronically. My take is that since I'm paying the IRS
(and not asking the IRS to pay me), it's okay NOT to send
previous schedules. Kindly share your experiences/thoughts.

2. Do I need to send 1040X AND corrected 1040 for 2003 or
just 1040X alone will suffice?

Many thanks.

IOU1

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