- quote -

did you keep complete copies of the returns you filed with
irs for the disputed years?

did you send them certified mail "return receipt requested"?
if so, did you receive the certified mailing "green card"
back from irs with their acknowledgement of receiving the
return? if so, do you have the "green cards"? (those can be
proof of filing)

also, what method of payment did you use? do you have proof
of the payment? (bank cancelled check, money order receipt,
etc.)

contrary to what you may have been told by irs, they are
required by law to accept proper certified mailing records
(key word being "proper, stuff like certified mailing green
cards with irs acknowledgement on them) as proof of timely
filing, and in fact the irs has expanded their definition of
proof of filing to include some receipts by delivery
services (UPS, etc.)

consider enlisting the aid of a professional (e.g. cpa,
etc.) to assist you with

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << It may not be relied upon for the purpose of avoiding > << penalties that may be imposed on the taxpayer or the > << tax preparer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

"User" <email[at]email.com> wrote:

- quote -

Call the Taxpayer Advocate's Office: 1-877-777-4778

- quote -

Next time (and always) get the refund, even if you pay quarterly estimates.

TP Advocate links:
http://www.irs.gov/advocate/article/0,,id=97395,00.html

Generally, the Taxpayer Advocate Service can help if, you
have an ongoing issue with the IRS that has not been
resolved through normal processes.
http://www.irs.gov/advocate/article/0,,id=97394,00.html

What TAS provides:
... An impartial and independent look at your problem;
... Timely acknowledgment;
... The name and phone number of the individual assigned to your case;
... Updates on progress;
... Time frames for action;
... Speedy resolution; and
... Courteous service

http://www.irs.gov/localcontacts/index.html -

to contact the TP Advocate office, call : 1-877-777-4778

or write:

OFFICE OF THE NATIONAL TAXPAYER ADVOCATE
1111 Constitution Ave.
NW Room 3031, TA
Washington, DC 20224

INFORMATION NEEDED BY THE TAXPAYER ADVOCATE

... Your name, address, and social security number

... Your phone number and best times to call

... Your previous attempts to solve the problem, and
the office(s) you contacted

... The type of tax return and tax year(s) involved

... A description of your problem.

----------
ak

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << It may not be relied upon for the purpose of avoiding > << penalties that may be imposed on the taxpayer or the > << tax preparer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

<< General Disclaimer: > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << It cannot be used by any taxpayer for the purpose of > << avoiding penalties that may be imposed on the taxpayer. > << ================================================== ===== >
Does anyone have any advice as to what might be done to
allow this amount to be carried over to the next year, as
intended?

Thanks for any help.

The situation is as follows:

- quote -

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << Copyright (2005) - All rights reserved > << ------------------------------------------------->

Help!

The IRS had requested a couple of older tax returns, saying
they had not received them (years 2000 and 2001).

I had overpaid 2000 by over $1,000., and applied this to 2001.

They said they had no record of this return being received
back then, and now it is past the date to apply the refund
to 2001, so they are just saying too bad and keeping the
overpayment!

Is there any recourse to this?

I just want to apply it to 2001.

I did pay in over $1,000. when it was due, but since they
cannot find their records of this, they say it is too late.
They also don't accept Certified Mail receipts as proof of
mailing any longer, so what the heck can any of us do if
they lose our tax return records, etc.?

Please help if you can.

Thanks!

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << Copyright (2005) - All rights reserved > << ------------------------------------------------->