fermat wrote:

- quote -

As far as the original goes, you should send them a
photocopy of the return receipt you got back when they
signed for it. It should NEVER be the taxpayer's problem
when the IRS loses a document.

I actually still file my return in person at an IRS office
and get my conformed copy stamped. [My return still doesn't
qualify for e-file as there are certain required attachments
that the IRS hasn't waived for the electronic system.]

- quote -

For most people in this situation, they are not playing
games. It simply got stuck to the back of someone else's
return and overlooked.

Additionally attach a copy of your return receipt to the
1040X to show that it in fact is NOT an original but
actually an amendment.

- quote -

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"fermat" <damscot9[at]aol.com> wrote:

- quote -

Why would they pretend to do anything?

- quote -

Send them the damn return and be done with it.

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

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- quote -

Hmm. Take a look at your copy of the original. Is all your
information correct? Is it legible? Is your information
correct on the notice they sent you?

- quote -

I can't think of any way that this makes sense: why would
there be any difference in the interest and penalties if you
filed a "new original" rather than amending? Without
knowing more about the situation, I can't figure out what
you mean, but here are a few guesses:

1. You were due a refund on the original return, which you
didn't get because the IRS didn't receive your return (NOTE:
If you think you DID get a refund, call the IRS and ask them
what the heck they mean they didn't get your return). You
really should have had a balance due for 2003, and if you'd
gotten that refund you'd owe interest on that PLUS the
balance due you should've paid. But since you didn't get
the refund, you can't owe interest on it. Therefore there's
no difference between what you'd pay with an amended return
and a new original return (unless your original original
would have resulted in some other sort of penalty, like for
fraud). And actually, you come out ahead because the IRS
never got the original and never sent you a refund.

2. You were due a refund on the original return, which you
didn't get because the IRS didn't receive it. You really
should have had a smaller refund for 2003, and if you'd
gotten the original refund you'd owe part of it back with
interest. But since you didn't get it, the IRS owes YOU the
smaller refund. There's still no difference between what
you'd pay with an amended return and a new original, and you
still come out ahead because they never sent you an
incorrect refund for you to owe interest on.

3. You had a zero balance on the original return, but
actually should have had a balance due. Whether you amend
or send a new original, the balance due is the same and the
interest on it is the same.

Or are you saying that the IRS would consider your new
original-and payment-to be on time, because they believe
that you mailed it?

- quote -

I doubt that even the IRS would do something that stupid.

- quote -

HA HA! I'm going to try that argument next time a client's
old return gets audited: "It's your fault, Mr. Revenue, for
not catching this when it was first filed!"

YOU are the only one with all the facts necessary to know
whether your return is accurate. YOU are responsible for
the accuracy of your tax returns, not the IRS.

- quote -

You're welcome. Now what was it you wanted? Oh yeah: I
don't see why you send them an incorrect return that they
never received. In fact I think it would be illegal for you
to do so knowing that it is incorrect. Just send them a
correct return. And next year, e-file.

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fermat wrote:

- quote -

Send them what they asked for. Wait a few weeks and send
them the 1040X.

--
Alan
http://taxtopics.net

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"fermat" wrote.

- quote -

That would never happen!, it was probabely ~lost~ in
processing, on rare occasions returns get stuck together and
are ~lost~ in the paper shuffle.

- quote -

File the more accurate return, since you know the error is
there correcting it now will save in the time it takes to
settle the issue, also pay the amount due, you will be
billed later for the late filing, late payment penalties as
well as interest.

They know all about your w-2, 1099 and other document
incomes & expenses, if this is the point of your error on
the original return it will be discovered and you will
receive a supplemental assessment along with a possible
NEGLIGENCE penalty on top of all the other penalties.

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Boy this tax stuff can be hard to clearly present. Anyway
here goes:

I Got notice from IRS recently that they did not receive my
2003 return. (I had mailed it certified with receipt.)
Regardless, they now ask for a copy of it. Lately, I decided
I would revise (amend) that return anyway. No tax was owed
on the original sent, but some payment would be due on the
amended one. My question is: Should I send the original
again - or send the "revised" original as though it were the
original - so that, if all goes well, a formal amended
return along with interest and penalties will not be
required?

If the IRS really didn't get the original, they would not
know about this proposed revision difference. But, might
they be playing some game? Like, for example, merely
"pretending" not to have received the original so that they
could compare my second submisssion with it, say for
consistency?

I'm not trying to evade the proper amount due, but I don't
want to be unfairly penalized either. i.e., As I see it (I
could be wrong), if they had not lost my original, there
would be (have been) much less interest or penalty involved
- say, due to a disallowed deduction, because if I had been
promptly notified of such, I would have responded in a more
timely manner. There seems to be some general principle
involved here regarding the proper allocation of
responsibility.

Thanks for any insight, input, etc.,.

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