- quote -

You've got some overlapping issues but the uppermost one
needs to be getting your complete, processible, and signed
amended return filed before the three-year refund statute
lapses. If you were to file your amended 2003 return after
the Refund Statute Expiration Date (RSED), by law, IRS has
no legal authority to issue a refund.

IRS may or not hold your 2003 refund because you haven't
filed for 2004 and 2005. If you motivate yourself to file
2004 and 2005 promptly, the IRS possibly holding the 2003
refund will be a moot issue. Normal time for IRS to process
an amended return is 90 days, while the normal processing
time for an originally filed paper return is 45 days
(delinquent prior year returns cannot be e-filed). Thus if
you go ahead and file for 2004 and 2005 immediately after
you submit your amended 2003, those returns should be done
processing by the time IRS gets to your amended return.

Never enclose more than one return in a single envelope,
rather seal each in its own envelope.

It might behoove you to reform your ways and file each
year's tax return on or before its due date.

Frederick Lorca

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"ConanOBrien" <c...[at]a.com> wrote:

- quote -

They will likely hold your refund. The "block" has no affect
on the 3 year statute. Send the amended return certified.

<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >

I'm filing an amended 2003 return tomorrow, to claim a
refund check before the 3 year statute expires. I read
somewhere that the IRS will withhold this check, since i
havent filed 2004 and 2005 yet (i'm probably owed refunds on
those as well). Is that true?

If so, would anything get messed up because 2004 and 2005
wouldn't be filed until after Apr 15, 2007 (i.e. the 3 year
statute for 2003 refunds). I assume any "block" on my 2003
refund is just "administrative" and not "part of" the claim
of a 2003 refund within the 3 year statute?

Thanks

<< ================================================== ===== > << 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. > << ================================================== ===== >