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  #8  
Old 12-04-2007, 04:51 AM
myerstaxes@gmail.com
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Default Re: tax representation help

On Dec 3, 6:17 pm, "Don Priebe" <pri...[at]iname.com> wrote:
- quote -

> > > That's what I'm trying to educate myself about -- what would commonly
> > > lead to an audit of an amended return, where the only change is to take
> > > all the items from two MFS returns and add them together (applying any
> > > changed rules or limitations, of course, such as previously disallowed
> > > credits, etc)?

> Isn't it true that amended returns are actually processed by human beings,
> whereas original returns may be entirely processed by computer if e-filed,
> or only actually seen by data entry clerks if paper filed? Maybe that makes
> the difference.
> (or maybe it's just an urban myth.)
> --
> Don EA in Upstate NY


Actually Don, you are correct...Because the IRS processing systems are
set up to handle current year returns, they do have to manually
process amendeds and delinquent returns...If you think about it,many
line items on a return change from year to year, especially when some
aspects of the law change, then the new law has to be accomodated in
the systems...So long story short, you are correct...

  #7  
Old 12-04-2007, 01:17 AM
Don Priebe
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Default Re: tax representation help

- quote -

> > That's what I'm trying to educate myself about -- what would commonly
> > lead to an audit of an amended return, where the only change is to take
> > all the items from two MFS returns and add them together (applying any
> > changed rules or limitations, of course, such as previously disallowed
> > credits, etc)?


Isn't it true that amended returns are actually processed by human beings,
whereas original returns may be entirely processed by computer if e-filed,
or only actually seen by data entry clerks if paper filed? Maybe that makes
the difference.

(or maybe it's just an urban myth.)
--
Don EA in Upstate NY

  #6  
Old 12-03-2007, 01:49 PM
myerstaxes@gmail.com
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Default Re: tax representation help

- quote -

> > Sounds like the amended return was not accepted...and they went to the
> > advocate to get it resolved...Not unusual for it to be rejected or
> > even examined...

> That's what I'm trying to educate myself about -- what would commonly
> lead to an audit of an amended return, where the only change is to take
> all the items from two MFS returns and add them together (applying any
> changed rules or limitations, of course, such as previously disallowed
> credits, etc)?
> I'm trying to imagine what the IRS correspondence might state in this
> case. Are they using the amendment to MFJ as an opportunity to go back
> and review the previously filed original MFS returns? Or have they
> simply caught an arithmetic/worksheet error in the consolidation
> process? What types of errors make this situation "not unusual"?
> Due to tax law changes in California, for 2007 any RDP's (registered
> domestic partners) who file non-married for federal will be filing MFJ
> (or MFS) for state, so if the process of consolidating two returns into
> one is fraught with common errors, it would help to know of them ahead
> of time.
> -Mark Bole


Mark,
I am a former Revenue Agent and manager with the IRS, I am now retired
now...I saw many amended returns come out for audit in my day...There
are many reasons why, there may be inconsistencies between the two
original returns and the new joint return...There may have been some
items on one or both of the returns that are questionable/large or
unusual and either return may have fallen out for examination
anyway...Also, in many instances, the amendment claims more expenses/
deductions and generates a refund or a large reduction in the tax on
the original return...Most of the separate to joint returns that I or
my agents saw, had some inconsistenciesor additional deductions when
joined together...I was thinking that since the person who asked the
question may have done it himself, there may be errors on it, since
these are not easy for a layperson to do...Just a thought...
Last year I represented a client here in Sacramento whose amended was
rejected and brought out for audit...It was truly a mess (that someone
else amended)...this return may have passed through the DIF system,
had he not tried to reduce the original tax due...

Now with domestic partners here in CA, the feds still will not allow
this filing status, and I am not familiar with the criteria the State
uses to examine such returns...and after a meeting I attended up here
in Sacramento where a FTB employee made a presentation, I am not sure
that know what to do with this as well...smile

  #5  
Old 12-01-2007, 07:15 PM
Mark Bole
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Default Re: tax representation help

myerstaxes[at]gmail.com wrote:
[...]
- quote -

> > > Representation for San Jose office of tax payer advocate appointment
> > > regarding acceptance of
> > > ammended returns married filing seperate to married filing joint.


> > Apparently others here were able to read more between the lines than I.
> > Why would simply amending filing status from MFS to MFJ require any
> > representation at all, if there were no problems with the original
> > returns? And especially, why would the Office of Taxpayer Advocate be
> > involved?


> Sounds like the amended return was not accepted...and they went to the
> advocate to get it resolved...Not unusual for it to be rejected or
> even examined...


That's what I'm trying to educate myself about -- what would commonly
lead to an audit of an amended return, where the only change is to take
all the items from two MFS returns and add them together (applying any
changed rules or limitations, of course, such as previously disallowed
credits, etc)?

I'm trying to imagine what the IRS correspondence might state in this
case. Are they using the amendment to MFJ as an opportunity to go back
and review the previously filed original MFS returns? Or have they
simply caught an arithmetic/worksheet error in the consolidation
process? What types of errors make this situation "not unusual"?

Due to tax law changes in California, for 2007 any RDP's (registered
domestic partners) who file non-married for federal will be filing MFJ
(or MFS) for state, so if the process of consolidating two returns into
one is fraught with common errors, it would help to know of them ahead
of time.

-Mark Bole

  #4  
Old 12-01-2007, 12:54 PM
myerstaxes@gmail.com
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Default Re: tax representation help

On Nov 30, 3:24 pm, Mark Bole <ma...[at]pacbell.net> wrote:
- quote -

> cacadick wrote:
> > I need help with tax representation... what is better a cpa or an
> > attorney?
> > Representation for San Jose office of tax payer advocate appointment
> > regarding acceptance of
> > ammended returns married filing seperate to married filing joint.

> Apparently others here were able to read more between the lines than I.
> Why would simply amending filing status from MFS to MFJ require any
> representation at all, if there were no problems with the original
> returns? And especially, why would the Office of Taxpayer Advocate be
> involved?
> -Mark Bole


Sounds like the amended return was not accepted...and they went to the
advocate to get it resolved...Not unusual for it to be rejected or
even examined...The advice here is true, an Enrolled Agent or a CPA
who practices in the area of taxation and does representation work is
sufficient at this juncture...

  #3  
Old 11-30-2007, 10:24 PM
Mark Bole
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Posts: n/a
Default Re: tax representation help

cacadick wrote:
- quote -

> I need help with tax representation... what is better a cpa or an
> attorney?
> Representation for San Jose office of tax payer advocate appointment
> regarding acceptance of
> ammended returns married filing seperate to married filing joint.


Apparently others here were able to read more between the lines than I.
Why would simply amending filing status from MFS to MFJ require any
representation at all, if there were no problems with the original
returns? And especially, why would the Office of Taxpayer Advocate be
involved?

-Mark Bole

  #2  
Old 11-29-2007, 03:54 PM
Stuart Bronstein
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Default Re: tax representation help

Harlan Lunsford wrote:
- quote -

> cacadick wrote:

> > I need help with tax representation... what is better a cpa or an
> > attorney? Representation for San Jose office of tax payer advocate
> > appointment regarding acceptance of ammended returns married filing
> > seperate to married filing joint.
> > You don't need an attorney in a case like this. Either an Enrolled

> Agent (EA) or Certified Public Accountant (CPA) will bill the bill.


I agree. An attorney is better down the line, if and when it gets to
court. But during the pre-litigation process CPA's and EA's who have
dealt with these issues generally have more experience and a better
handle on just what to do.

Stu

  #1  
Old 11-29-2007, 03:26 AM
Paul Thomas
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Default Re: tax representation help


"cacadick" <richards.93448[at]gmail.com> wrote
- quote -

> I need help with tax representation... what is
> better a cpa or an attorney?





A CPA is best unless you are into some illegal activity.




- quote -

> Representation for San Jose office of tax payer
> advocate appointment regarding acceptance of
> ammended returns married filing seperate to
> married filing joint.




A CPA will be all you need.




--
Paul A. Thomas, CPA
Athens, Georgia

 
Old 11-29-2007, 12:41 AM
Harlan Lunsford
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Default Re: tax representation help

cacadick wrote:
- quote -

> I need help with tax representation... what is better a cpa or an
> attorney?
> Representation for San Jose office of tax payer advocate appointment
> regarding acceptance of
> ammended returns married filing seperate to married filing joint.

You don't need an attorney in a case like this. Either an Enrolled
Agent (EA) or Certified Public Accountant (CPA) will bill the bill.

However be sure the one you pick does practice in the area of
representation. Not all do.

For a referral, goto www.naea.org
Then look to about the middle left for "find an enrolled agent."

ChEAr$,
Harlan Lunsford, EA n LA

  #-1  
Old 11-28-2007, 11:58 PM
cacadick
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Posts: n/a
Default tax representation help

I need help with tax representation... what is better a cpa or an
attorney?
Representation for San Jose office of tax payer advocate appointment
regarding acceptance of
ammended returns married filing seperate to married filing joint.

 

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