Rick wrote:
[...]

- quote -


Actually, your story makes sense and helps validate the problem as
presented in the OP.

1. You responded to the *original* IRS letter to resolve the problem.
In the OP, the taxpayer simply agreed with the IRS and sent in a
payment, then later changed his mind about agreeing. That is why you
didn't need a 1040X and the OP does.

2. Dick was commenting on the regular "front-door" toll free phone
number. You mention calling the number on your letter, which is not the
same. You were already "in the system" due to the letter being sent, so
you cleared at least one hurdle just by calling the given number.

-Mark Bole

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

In article <lW6Bk.1786$eb4.1491[at]flpi147.ffdc.sbc.com> ,
Rick <rick[at]nospam.com> wrote:
- quote -


Another good reason for e-filing :^)


The SSN/Name mismatch would have been caught right up front.
--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

"Rick" <rick[at]nospam.com> wrote:

- quote -

Perhaps they took pity on you because you admitted your mistakes and
threw yourself on their mercy.

I imagine that when it comes to them admitting their mistakes, the
rules would be very different. At least it would appear so.

Stu

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

Avrum Lapin <avrum223[at]verizon.net> wrote:
- quote -

It's probably not worth it, but you might consider suing the IRS.
Since it appears that their position is unreasonable and not merely a
good faith dispute, you may be able to get attorneys fees from them.

Stu

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

"Dick Adams" <rdadams[at]panix.com> wrote in message
news:gapo8f$9nf$1[at]reader1.panix.com...
- quote -

On the other hand...on two separate occasions (two different tax years), I
stupidly made mistakes on my 1040 involving my kids' social security
numbers. One year I transposed two of the digits on my son's number and
another year I somehow forgot to enter my daughter's SSN. In both cases,
the IRS reduced my exemptions by one and sent me a bill for the extra tax,
since they obviously verified the SSNs. In BOTH cases (remember, this was
two different years), I was able to resolve the problem over the phone by
calling whatever 800 number was in the letter that came with the tax bill.
In neither case was I required to fill out an 1040X, yet in both cases it
was clearly my fault and not an IRS typo or mistake. Go figure...

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

On Sep 17, 9:05*am, Avrum Lapin <avrum...[at]verizon.net> wrote:
- quote -

(Taxwise?) does not allow
for spouse to sign for the other when they are physically disabled
(this was a new
option on our software this year), it is worthwhile for the client to
take the 8879 home
with them and have the spouse sign, holding the return for later
transmittal. Explain to any
client who insists on paper filing that their return is still going to
be filed electronically by the IRS,
and, to avoid surprises like this, it might as well be the version you
prepared!

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

In article <QQ_zk.30709$kh2.5591[at]bignews3.bellsouth.net> ,
Harlan Lunsford <hlunsford[at]bellsouth.net> wrote:

- quote -

Thanks for your responses. yes I am frustrated.

A paper return was filed because the husband is housebound and could not
sign at the tax prep site. The Xerox of what is filed is available.

For what it is worth the California's IRS (the Franchise Tax Board) has
corrected much bigger errors over the phone - admittedly the call center
person transfered me to a specialist who send me filled out forms to
sign.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

"Han" <nobody[at]nospam.not> wrote
- quote -






The IRS, being a government agency as it is, is highly a forms driven
agency. So the best method to resolve most issues is with a form. They
love forms. So much so that they have forms to order forms. So when they
ask you to complete a form to solve a problem, make their day. Complete the
requested form and submit it so they feel loved and wanted.






--
Paul A. Thomas, CPA
Watkinsville, Georgia

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

"Han" <nobody[at]nospam.not> wrote in message
news:Xns9B1BD68F3B5F9ikkezelf[at]199.45.49.11...
- quote -


at this point, it seems the 1040x would correct the amount taxes paid (by
the amount of the extra payment) and the amount of refund now due taxpayer
(the same amount).

I think if someone wants credibility/sympathy with a dumb IRS mistake, they
need to have not compounded the problem.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

- quote -

If the CP11 is dated less than 60 days ago, a written explanation is
supposed to be sufficient to get your return adjusted to agree with the
original filing. Internal Revenue Code section 6213(b)(2)(A), "Abatement of
assessment of mathematical or clerical errors."

If the CP11 was issued more than 60 days ago, you need to submit an amended
return on Form 1040X.

If you are still within the 60-day window, I recommend you take a copy of
the CP11 and a complete copy of your original tax return to your local IRS
walk-in office. Explain your situation to them and ask them to prepare a
written inquiry to the IRS service center that processed your tax return.
The walk-in staff probably will want to include a copy of your return and
the CP11. To save time, you may want to come prepared with copies you can
give them.

If the walk-in staff forwards the write-up to the service center, allow 60
days for IRS to adjust your account. If the problem still isn't resolved at
that point, contact your local the IRS Taxpayer Advocate Office.

Walk-in offices:

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

Taxpayer Advocate Service:

http://www.irs.gov/pub/irs-pdf/p1546.pdf

Local offices listed by state begin on page 10 (pdf page 12).


Condor

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

Mark Bole wrote:
- quote -

When IRS said "look at original submission", they might be referring to
a return atually having been submitted that way, despite what taxpayer's
copy actually shows. Yes, it the return were filed electornically by
AARP, it just might be there that the error occurred.

At any rate, what's done is done, and the simplest way to correct it,
since the return is already in IRS system, is to submit the 1040X
changing to MFJ.

Sometimes we just have to principal on the back seat and do the easiest
thing. right, Mark?

ChEAr$,
Harlan Lunsford, EA n LA

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

Mark Bole <makbo[at]pacbell.net> wrote:
- quote -

Me thinks, he is venting justified frustration that the IRS
is not verifying their data entry and correcting their own
errors.

Keep in mind that the people who answer the phones at
1-800-...-1040 do not have the ability to correct errors.

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 (2007) - All rights reserved. > << ------------------------------------------------------- >

Han wrote:


- quote -

You got that right!


- quote -

Well, there is time when the IRS has a question to ask, and there is a
time when the IRS has a statement to make. If their system has gotten
to the "statement" phase, whether it's your fault or not, the path of
least resistance is to amend the return they have on file.

On the other hand, you typically *don't* want to file an amended return
if they are simply asking a question.

In this case, the original question could have been answered instead of
just sending in a payment.

-Mark Bole

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

Mark Bole <makbo[at]pacbell.net> wrote in
news:%EYzk.419$as4.118[at]nlpi069.nbdc.sbc.com:

- quote -


I realze that you may not work for the IRS, but ... Why would a 1040X
be required to correct a data entry eror by the IRS? Seems to me that a
simple letter requesting correction of the error, with a copy of the
original return should be sufficient. Maybe over a notarized signature.

--
Best regards
Han
email address is invalid

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

Avrum Lapin wrote:
- quote -

You are responding to the IRS letter request. What part of the response
are you asking for help with?

-Mark Bole

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

Senior couple files 1040 showing ³married filing jointly²

Husband receives a CP11asking for $655 extra. Tax preparer on vacation
and husband panics and sends $655.

Preparer returns, calls IRS and finds that IRS has keypunched in
³married filing separately² IRS says they can¹t do anything about it
(e.g look at original submission). IRS advised couple to submit letter
explaining details including copy of original 1040. Couple complies

IRS sends form 1040X requesting completion. Preparer (AARP Tax Aide)
ready to complete and submit 1040X for couple but what are we
correcting other than the IRS keypunching error.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >