- quote -

If a refund return, that criminal statute cannot practically be
applied. Besides DOJ policy on misdemeanor cases, a jury cannot be
expected to convict.

Fred F.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Just out of curiosity, why would you want to wait until 2007
to file for a refund?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Bruce Raskin CPA wrote:

- quote -

Perhaps the plan here is to avoid some other obligation, or
qualify for some form of aid, by appearing to look "poor" at
the moment. The refund would be retrieved later after the
"impairment" has passed.

MTW

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

- quote -

That changed about 4-5 years ago, now it is mailed date.

Helen, EA in PA
50 miles, 3 days, 1 cause - Multiple Sclerosis Challenge Walk for the Cure
October 1 to October 3, 2004
Donate on-line at www.msandyou.org

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

jtjones wrote:

- quote -

His gross income EXCEEDS $7,800 (by $200). He is required
to file and given no other facts, will get a refund of
$1,580.

- quote -

I don't see how that is possible unless there's something
else going on here that is not stated.

- quote -

Interest: No. Penalties: Not for a refund. However, some
states DO penalize late filed state income tax returns that
have refunds otherwise due.

- quote -

The IRS doesn't necessarily read here. You need to ask them
explicitly.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

- quote -

Is there an OBLIGATION to file? In your case, yes there is.
Section 7203 of the Internal Revenue Code states that
"[a]ny person required . . . to [file] a return . . . who
willfully fails to . . . [file] such return . . . shall . .
.. be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than $25,000 . . . or imprisoned not
more than 1 year . . . ."

Because your income exceeds $7,800, you are required to
file. While the IRS may not come after you when a refund is
due, the obligation to file still exists.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Bruce Raskin CPA wrote:

- quote -

Perhaps the plan here is to avoid some other obligation, or
qualify for some form of aid, by appearing to look "poor" at
the moment. The refund would be retrieved later after the
"impairment" has passed.

MTW

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

- quote -

That changed about 4-5 years ago, now it is mailed date.

Helen, EA in PA
50 miles, 3 days, 1 cause - Multiple Sclerosis Challenge Walk for the Cure
October 1 to October 3, 2004
Donate on-line at www.msandyou.org

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

- quote -

I have a question for you.

With a refund due of approximately $1600, why wouldn't you
file on time? Isn't the money better off in your pocket,
then the governments??

Bruce Raskin, CPA
Small Business and Individual Tax and Accounting Services

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

- quote -

You can file on 4/14/07, but to be quite honest, how stupid
that would be. The IRS has about $1500 of your money that
they are holding for you. And you do not receive interest
on it.

Tell you what, file, get the refund, send me a check for
said amount, I'll escrow the funds until about 6/15/07
(which is when you get the refund) and I'll send you the
initial amount you sent me and I'll keep the rest. Why not
me instead of Uncle Sam?

Helen, EA in PA
50 miles, 3 days, 1 cause - Multiple Sclerosis Challenge Walk for the Cure
October 1 to October 3, 2004
Donate on-line at www.msandyou.org

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

jtjones <jtjones_44[at]yahoo.com> wrote:

- quote -

Yes, you are above the AGI threshold and are required to
file.

And it is foolish not to file, for you are just letting the
IRS keep your money. And if you do not file, the statute of
limitations never starts.

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

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

jtjones_44[at]yahoo.com (jtjones) writes:

- quote -

Yes. I can't make sense out of the numbers in your post,
but if gross income exceeds $7800 the taxpayer is required
to file a timely return.

- quote -

Not true if income exceeds the filing requirement.

- quote -

If a refund is due there are no penalties and interest. See
the instructions for the 1040.

Phil Marti
Topeka, KS

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

"jtjones" <jtjones_44[at]yahoo.com> wrote:

- quote -

Penalty and interest on WHAT?

- quote -

The law is quite clear in and of itself. A late filing
penalty is based on the amount owed by the taxpayer. Hence
if you owe nothing, your penalty is nothing. No additional
guidance is required.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

jtjones wrote:

- quote -

??? Is this tax withholding, 401(k) payment, or what?

- quote -

Gross income is $8,000 unless the "deduction" in point 4 is
pretax deductions, rather than tax withholding.

- quote -

There's no penalty for late filing if withholding exceeds
the tax due. However, you may qualify for the earned income
credit (even if single with no dependents), and you may need
to file for that by October 15 to be eligible. (I haven't
checked -- there are some tax elections which must be made
on a timely filed return or a return within 6 months of the
original due date, which would give you until October 15,
2004.)

- quote -

Not if you're overwithheld. (Although, it's been claimed
that the return must be RECEIVED by April 15, 2007 for it to
count. Again, I haven't checked.)

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

jtjones_44[at]yahoo.com (jtjones) writes:

- quote -

No penalty or interest. BUT - filng 3 years after the due
date of the return will penalize you to the extent you will
have lost any refund due you.

"Jack" - John H. Fisher - TaxService[at]aol.com
Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ
My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html

Where Ignorance is bliss, 'tis folly to be wise!=

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If a person has:
1. Wages of $8,000(2 months-salaried $48,000),
2. Filing single with std ded of $4,750
3. Ecemption of $3,050
4. Only worked a partial of the year, but
employer took out $1,600

Is the taxpayer required to file on time? Pub 17 said that a
single person would have to file if gross income exceeds
$7,800.

I have been told by others and some of the posts on this
board seem to concur that with a refund no filing is
required unless to get back the overpayment.

If I wait until April 14, 2007 to file for the refund, will
there be any penalties and interest?

Any IRS guidance on this would be appreciated.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->