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  #6  
Old 04-15-2007, 05:03 PM
PaulTry
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Default Re: A few questions

ConanOBrien wrote:
- quote -

> "PaulTry" <afn02552at[at]afn.org> wrote:

> > Delinquent return credit balances generally won't roll
> > forward but (as you know) their refunds will offset to the
> > oldest assessed liability. Does he owe for years prior to
> > 2003? If not, he could file 2003 and prior and 2006 now;
> > file 2004 & 2005 after 2006 is assessed. He may get some
> > P&I benefit from the 2004 and 2005 refund offsets.


> Really? I've filed delinquent returns several times (inside
> the 3 year statute) and the credit balances have always
> rolled forward. If he files 2003, 4, and 5, and rolls all
> the credit balances forward to 2006, those credits would
> function just like withholding, and significantly reduce any
> 2006 P&I.


Really! I've secured many delinquent refund returns,
highlighted and underlined in red the amount to be carried
forward, seldom with success. Processing personnel couldn't
provide explanation. May have something to do with the
processing timing of simultaneously filed multiple returns.

An old CP-45 gives possible clue when it states, "We are not
able to apply credit elect to a tax year for which a return
has already been filed and processed." Of course, returning
and reapplying refund checks from whence they came will
revive credits which may then be transferred, giving
taxpayer the benefit of prior year credit availability
dates.

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 04-13-2007, 07:11 AM
ConanOBrien
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Posts: n/a
Default Re: A few questions

"PaulTry" <afn02552at[at]afn.org> wrote:

- quote -

> Delinquent return credit balances generally won't roll
> forward but (as you know) their refunds will offset to the
> oldest assessed liability. Does he owe for years prior to
> 2003? If not, he could file 2003 and prior and 2006 now;
> file 2004 & 2005 after 2006 is assessed. He may get some
> P&I benefit from the 2004 and 2005 refund offsets.


Really? I've filed delinquent returns several times (inside
the 3 year statute) and the credit balances have always
rolled forward. If he files 2003, 4, and 5, and rolls all
the credit balances forward to 2006, those credits would
function just like withholding, and significantly reduce any
2006 P&I.

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 04-13-2007, 07:11 AM
Taxmanhog
Guest
 
Posts: n/a
Default Re: A few questions

Dick Said:..

- quote -

> A relative called me. He is filing SEVEN years of taxes
> right now and was looking for sympathy and help. LOL
> Why hasn't he filed returns all these years. My guess is
> a combination of paranoia and incompetency. He actually
> prepared the returns for 2006 through 2003, paid any taxes
> due, and filed extensions. Here is his real problem, he has
> refunds due from 2003 thru 2005, but will owe a chunk for
> 2006.
> He is hoping the IRS will roll the refunds forward because
> he has not filed for all these years and someone told him
> they would not do so.
> Anyone know what they will do?
> I did tell him to send 2003 by certified mail in the morning
> and never call me again if he does not!


All should be processed with no problem, assuming no SFR's
have been started!

Ideally if the 2006 return posted first as a liability
period, the refunds will be captured from the proceeding
years 05, 04 & even 03 since the Refund Statute is Open, at
least for the next couple of days!!

Certified is a minimum, Return Receipted would be even
better. Ideally hand deliver it into the nearest Customer
Service Site if one is conveniently available.

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 04-12-2007, 10:13 PM
L K Williams
Guest
 
Posts: n/a
Default Re: A few questions

Dick Adams <rdadams[at]smart.net> wrote:

- quote -

> A relative called me. He is filing SEVEN years of taxes
> right now and was looking for sympathy and help. LOL
> Why hasn't he filed returns all these years. My guess is
> a combination of paranoia and incompetency. He actually
> prepared the returns for 2006 through 2003, paid any taxes
> due, and filed extensions. Here is his real problem, he has
> refunds due from 2003 thru 2005, but will owe a chunk for
> 2006.
> He is hoping the IRS will roll the refunds forward because
> he has not filed for all these years and someone told him
> they would not do so.
> Anyone know what they will do?
> I did tell him to send 2003 by certified mail in the morning
> and never call me again if he does not!


First, if IRS is not after him for earlier years, he may
only need to file for 2001 and later years. Normally, IRS
will accept returns for the 5 latest years from a non-filer
who comes forward on his own.

For earlier years that show a refund, he should file the
returns and choose have the overpayments applied to
estimated taxes for the subsequent year. IRS will do this
is the refund is not barred by the statute of limitations.
Then, on the return for the subsequent year, he should show
that overpayment on the line for estimated tax payments.

IRS will apply any overpayments to a deficiency if the
underpaid return has been processed. Otherwise, they will
make the refund. In addition, if they intercept the refund,
they will still assess late filing and late payment
penalties on the full balance. If he asks them to apply the
refunds to the next years estimated payments, the penalties
will be assessed on the net balance.

Lanny K. Williams, CPA
Nawarat, Williams & Co., Ltd.
Income Tax Services for Expatriate Americans

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #2  
Old 04-12-2007, 10:13 PM
Phil Marti
Guest
 
Posts: n/a
Default Re: A few questions

"Dick Adams" <rdadams[at]smart.net> wrote:

- quote -

> A relative called me. He is filing SEVEN years of taxes
> right now and was looking for sympathy and help. LOL


Face it, Dick, you have a warm fuzzy persona that you just
can't shake.

- quote -

> Why hasn't he filed returns all these years. My guess is
> a combination of paranoia and incompetency. He actually
> prepared the returns for 2006 through 2003, paid any taxes
> due, and filed extensions. Here is his real problem, he has
> refunds due from 2003 thru 2005, but will owe a chunk for
> 2006.
> He is hoping the IRS will roll the refunds forward because
> he has not filed for all these years and someone told him
> they would not do so.
> Anyone know what they will do?


They'll send him refunds. Tell him not to lose them.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 04-12-2007, 10:13 PM
PaulTry
Guest
 
Posts: n/a
Default Re: A few questions

Dick Adams wrote:

- quote -

> He is filing SEVEN years of taxes
> right now
> He is hoping the IRS will roll the refunds forward because
> he has not filed for all these years and someone told him
> they would not do so.
> Anyone know what they will do?


Delinquent return credit balances generally won't roll
forward but (as you know) their refunds will offset to the
oldest assessed liability. Does he owe for years prior to
2003? If not, he could file 2003 and prior and 2006 now;
file 2004 & 2005 after 2006 is assessed. He may get some
P&I benefit from the 2004 and 2005 refund offsets.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 04-12-2007, 10:13 PM
ConanOBrien
Guest
 
Posts: n/a
Default Re: A few questions

"Dick Adams" <rdadams[at]smart.net> wrote:

- quote -

> He is hoping the IRS will roll the refunds forward because
> he has not filed for all these years and someone told him
> they would not do so.
> Anyone know what they will do?
> I did tell him to send 2003 by certified mail in the morning
> and never call me again if he does not!


I have gone through this. A few pointers:

1. He should drop off the 2003 return at the nearest IRS
office, and get a date stamp on the copy ... and make sure
there is an *original* signature on the copy (dont just
photocopy the original after the original's been signed). I
had an IRS person once refuse to accept a return because my
photocopy didnt have an *original* signature. Why drop it
off and not just mail it? Because this close to the 3 year
statute, there are too many land mines with cert mail (both
in case law and US Mail potential screw-ups).... i just drop
these off.

2. Will the IRS roll the refunds fwd? Yes, but you need to
"stagger" the filing of the returns so the earlier ones get
into the system first. So obviously, file the 2003 return by
Friday... and wait on the later returns, filing each one
successively, as the prior ones get into the system. Why go
through this hassle? Because the IRS will fu** it up, that's
why. I once filed a 2000 return (with a refund carryforward
to 2001) and a 2001 return at the exact same time. The IRS
sent me the check for the 2000 return, thereby messing up my
credits on the 2001 return. I cashed the check (luckily 2001
had a refund coming anyway, without the year 2000 credit)
because i found out it would have been an administrative
nightmare to get things corrected (if they were correctable
at all).

Good luck.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 04-12-2007, 03:28 AM
Dick Adams
Guest
 
Posts: n/a
Default A few questions

A relative called me. He is filing SEVEN years of taxes
right now and was looking for sympathy and help. LOL

Why hasn't he filed returns all these years. My guess is
a combination of paranoia and incompetency. He actually
prepared the returns for 2006 through 2003, paid any taxes
due, and filed extensions. Here is his real problem, he has
refunds due from 2003 thru 2005, but will owe a chunk for
2006.

He is hoping the IRS will roll the refunds forward because
he has not filed for all these years and someone told him
they would not do so.

Anyone know what they will do?

I did tell him to send 2003 by certified mail in the morning
and never call me again if he does not!

Dick

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >
 

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