Guidelines

This blog is for open discussion about tax resolution and other debt-related issues. It is not an opportunity to discuss your specific tax or debt problems. If you are a client of JK Harris and you have a question or concern relating to our work for you, please do not post them on this blog. Instead send an email to: customerservice@jkharris.com. That is the fastest and most direct way to have specific problems or issues addressed.

We will review comments to make certain they meet these guidelines. That will help insure that this blog and the comments on it are focused on topics and issues of general concern and not related to an individual person’s situation. But, if you have a problem with the IRS, if you have a general topic or question about a tax issue or strategies for dealing with it, I would really like to hear from you.

And of course, I would like your comments on the suggestions, tips, ideas and strategies that I post on this blog. Let’s converse!

65 Responses to “Guidelines”

  1. Kelvin J ngirmidol Says:

    yes i have went thropugh you guy sbefor and was very happy and i need The address for the the IRS so i can mail in my taxes. Thank you very much.

    kelvin J Ngirmidol

  2. Kelvin J ngirmidol Says:

    I need the address for the closest IRS office in TN. Thank you very much.

  3. DAVID PARKER Says:

    HOW LONG DOES IT TAKE FOR 6 YRS OF PERSONAL TAXES TO BE PREPAIRD ONCE YOU HAVE IRS MASTER FILE?GENERALLY?

  4. johnharris Says:

    Thank you for your question. The IRS’ website ( http://www.irs.gov ) lists the several cities with IRS offices. Listed also are the addresses and other information about each office. The offices are located in Chattanooga, Jackson, Johnson City, Knoxville, Memphis and Nashville. Have a great Holiday Season and if you have any other questions, be sure to let me know.

  5. johnharris Says:

    David, that’s a good question, but one that will be a little tricky to answer. Basically, you don’t prepare returns based on the Master File Information. We prepare them with the Information Returns Program information, also known as the “IRP” information. The IRP includes the data that vendors send the IRS as it pertains to 1099s, etc. It is impossible to estimate how long it would take to prepare six years of personal taxes because we depend not only on the IRP information, but the information we receive from the client. So, it depends on how quickly the client can get their information to us as well. Thanks for much for the question and holler back at us if you have anything else. Enjoy the holidays!

  6. johnharris Says:

    Kevin, we really appreciate your business and your kind words. Appreciate you taking the time to let us know you were happy with the service you received.

  7. Carlo Marchese Says:

    Hi: My sister and I are about to inherit approximately $100,000 each from our mother who is terminally ill. The sale of her home in Colorado plus her savings account.. Are there taxes due upon the receipt of these funds?

  8. johnharris Says:

    Thanks for your question, Carlo. I am going to provide you a very general answer to your question and recommend that you consult a tax professional to be sure since I do not have all of the information that would be needed to provide you a defnitive answer. One of our Licensed Taxpayer Representatives (LTR) researched your question and provided this general response:

    In general property received by gift or inheritance is not included in gross income. Section 1.102-1 of the Internal Revenue Code Gifts and Inheritance notes that “property received as a gift, or received under a will …is not includible in gross income, although the income from such property is includible in gross income.” In order to determine whether or not the proceeds from the sale of inherited property are taxable, the cost basis in the property has to be determined. IRC Section 1014 Basis of Property Acquired from a Decedent addresses determining the cost basis of inherited property. This section notes that, in general, the cost of property that is not sold or disposed of before the decedent’s death will be the fair market value on the date of death. This section also discusses some alternative valuation methods, but the fair market value applies in most cases. A taxable gain may be realized if the proceeds from the sale exceeds the basis in the property.

  9. ANDREW L DAVIS Says:

    I GOT A LETTER IN THE MAIL SAYING,THAT I NEED A QUALIFYING CHILDFOR EARNED INCOM CREDIT.SINCE MY INCOME WAS OVER THE LIMIT OF 11,750.00.WHAT CAN I DO TO GET MY TAXES?

  10. johnharris Says:

    Because I don’t have all the facts of your situation, I can’t give you a definitive answer. I would recommend that you call the IRS directly and ask for their assistance or consult a tax professional to see if you qualify.

  11. Candy Little Says:

    I have not filed taxes for the last eight years since my husband and I separated he did our taxes. I have worked though out this time and was affraid any moneys he owed they would just take from me so I did not file. I am pretty sure I do not owe taxes, instead probubly I am owed money. How do I take care of this problem

  12. johnharris Says:

    Thank you for your question. Based on the information you have supplied, you need to file your 2003 returns by themselves by April 15, 2007 in order to receive your refund. If you don’t, you’ll never receive your refund. As for the other years, I recommend that you file them in a timely manner so that you can get your refund and so that you get into compliance with the IRS. As always, I recommend that since we do not have all of your information, to seek the assistance of a tax professional — a firm which does similar work to JK Harris, an Enrolled Agent, an attorney who is well-schooled in this area or a CPA.

  13. paulcostanzo Says:

    I have a debt from a student loan from around 1991. The debt is being taken out of my fixed soical security income from my permanent disability. The FMS Services is collecting for the Dept. of Education. for about $10,000. I have not worked since 2002 and have no other income other than my VA disability. Can your company help me settle this. I have started paying an extra $108 a month to reestablish so they can refinance later. Also, the IRS wants $1500 from 2002 and are standing in line to collect, however, the DEpt of Ed will probably be taken out until I die.
    Thank
    Paul Costanzo.

  14. johnharris Says:

    Paul –

    I have spoken to one of our specialists in the student loan program and there are options available to you. If you are 100% disabled and have the documents to prove it and you have a doctor’s signature, there is a strong possibility of having the loan discharged and getting a partial refund. We, of course, would need a full disclosure of your information to see if you meet the requirements. If you are less than 100% disabled, there are alternative sources of repayment, including a rehabilitation program that is offered, loan consolidation or compromise/settlement. We, and other companies, do offer these services, but you could not receive a definitive answer until a professional or someone well-versed in this area has all of your information. I hope this helps you.

  15. Brenda Rapp Says:

    My husband andI owned our own business for years and as of 1993 we stopped filing our personal tax returns due to financial problems. The business eventually went bankrupt and after 14 years, we still have not filed. Through that time my husband worked off and on and I never worked. We recently relocated out of state and my husband now has a good job and I am recently employed. We would like to file our tax returns this year, but are wondering what to do with the past 14?

    Is there anything you can suggest for us?

    Thank you for your help,

    Brenda Rapp

  16. johnharris Says:

    You can file this year, but the IRS can come to you for more returns. If they do, and you have the necessary data, you would need to go back and file for years 2001, forward. Thanks for your question.

  17. Guillermo E. Santos Says:

    My wife and I are a retired couple with earnings from Social Security for about twenty twoo thousand dollars a year.
    Last year we had a car accident and a check was issued by de Insurance Co. in the amount of $9.571.oo dollars to cover the repair of our leased car from Honda Financial Services. Such check came under my name and Honda only to be endorsed and handed to the car shop that did the repair.
    My question is: Do I have to pay taxes for that money, even thought it was not for me? It was to cover the expenses for the accident we were involved in.
    We really appreciate your help on this matter, ahead of time! Thanks!

  18. johnharris Says:

    If the proceeds from the check were taxable, you would have received a 1099 form. If the proceeds are just for the accident and not in lieu of wages, it is not taxable. The document(s) you received from the insurance company should have described what the benefits were for. As always, since we don’t have all of your information, it wouldn’t hurt to check with a tax professional to be completely sure.

  19. Mike Caslin Says:

    Hi,
    I have a leased car from my company. What expenses should be covered by the company - e.g. parking during the week, weekend; gas; insurance…
    Thanks,
    Mike

  20. johnharris Says:

    If we understand your question completely, the company is under no obligation to cover anything in particular. What they cover is up to their policies and procedures or in any agreement that they may have with you.

  21. I have an Irresponsible Brother Says:

    My brother is in a lot of deep IRS do-do. In the early 1990’s he used an accountant who, unknown by him, submitted false returns for years. When the IRS approached the accountant, he had a heart attack and died. In 2003 it became a lien of nearly $50,000. At first the IRS said it was uncollectible, but now they want their money. They told him that he can’t apply for an offer in compromise or will they accept his 401K without penalties, which won’t cover all of it anyway. Worse yet is since he already has the tax lien, he decided not to file 2005 nor 2006 returns. What can he do to get out of this hole?

  22. Dana Flanigan Says:

    in your answer to a question in regards to not having paid taxes for the last 14 years but wants to this years, 2007, you stated that she can file this year, but the IRS can come to her for more returns. If they do, and she has the necessary data, she would need to go back and file for years 2001 forward. My question is: why is 2001 the cutoff year?

  23. johnharris Says:

    We believe that an Offer in Compromise is what your brother should pursue. IRS policy is to have complete disclosure of financial information before they come to any conclusions concerning a taxpayer’s indebtedness.

  24. johnharris Says:

    As of this past Tuesday, the cut off is now 2002. This is because of the IRS Commissioner’s policy for people who have fallen out of the system. The IRS Commissioner’s policy states that if you will go back to the current year and file five years prior we very likely won’t prosecute you or ask for more returns unless we discover some badges of fraud in the returns that you do file. Hope this answers your question.

  25. REUBEN ROBINSON Says:

    MY GIRLFRIEND HAS BEEN TEELING ME FOR YEARS TO STRAIGHTEN MY PROBLEMS OUT WITH IRS. SHE’S WARNED ME OVER AND OVER I OWE OVER $20K I’VE AVOIDED THIS FOR YEARS I’M CURRENTLY WORKING FOR ATTORNEY DON BURAK’S OFFICE IN PA WORKING AS A COLLECTOR I PLAN TO LEAVE THERE SOON. IN THE MEANTIME I WORK BACK AND FORTH IN NEW JERSEY AS WELL IN COLLECTIONS. MY GIRLFRIEND KEEPS TELLING ME THAT IF I CONTINUE MY WAGES WILLBE GARNISHED BUT SINCE I HAVEN’T FILED MY INCOME TAXES SINCE THE 1980′S I FEEL AS THOUGHI DON’T HAVE ANYTHING TO WORRY ABOUT

  26. johnharris Says:

    Reuben, there are a lot of ways to go about this, but if you want to get “straight” with the IRS you should file returns if you have records to do so. If you don’t have the records, you can go to a tax professional and they will be able to recreate your returns for you. If you don’t do something about your situation, it will continue to cause you problems. If you ignore this issue, you could find yourself in some really hot water with IRS when and if they find you. You have a problem, and the only way to take care of it, is to file your tax returns and see if you can work out an arrangement with the IRS.

  27. KL Tarsitano Says:

    We received a settlement for a lawsuit filed for discriminatory employment practices in 2005–3 years after employment had been terminated with the company. The setlement agreement specifically said nothing about the designation of the monetary award, but had the standard language that no one had done anything wrong. The company is a state agency that argues continuously that it is not able to be sued for wages since it has immunity. Originally the company coded the 1099 as other income (not subject to social security taxes), but then they filed an amended 1099 recoding the income as something that required the payment of SS taxes. Hence our tax burden went way up, since the company did not pay one cent towards the SS taxes.

    We filed the taxes late because we were in the process of moving 3 times over a period of 9 months and were buying a house. We did not have the cash on hand to pay both the taxes and the SS payments, but used an equity loan on the house to pay the taxes owed in full in 2007. Now we have been assessed interest and penalties approximately 1/3 of the original amount of the taxes owed and IRS has sent us paperwork for an installment payment plan.

    I’m interested in trying to get the penalties reduced as we were in a very chaotic time (moving, child custody court battles, etc.) and did not expect that the 1099 change would cause an almost $15,000 increase to the taxes. How does one go about doing this–is this something that your company can help with?

  28. johnharris Says:

    Base don what you have shared with us, it appears there might be enough mitigating circumstances involved that may have cause to ask for an abatement of penalties through a request where you would have to convince the IRS that you have utilized ordinary care and prudence and you were still not able to meet your obligations. The timing of some of the events you described may have contributed to your situation, but we don’t have all the information we need to tell you definitively. I recommend that you file a request for an abatement of penalties, and any of those instances where the penalties are abated, the interest will also be abated. You can try to do this yourself or you can seek the assistance of a tax professional.

  29. Kenneth McGee Says:

    Yes, I would like to know if I file an amendment changing my filing status will I have to pay back anything?

  30. johnharris Says:

    You can’t change your filing status by amending unless you’re going from a single to a married, filing jointly. If you file married, filing jointly you can’t amend that to change it to single. If you are going from single to married,filing jointly, it will depend on what the outcome is in terms of your amended return and your tax liability on that return.

  31. Jayna B Says:

    Hello, my husband and I sent our taxes to his CPA he has used for several years (family CPA). We recently married and this was our first year filing jointly (2006). We both never owe anything. This CPA filed an extension, on our behalf, unbeknownst to us. We have been contacting him since we turned in our taxes to find out a status after a few months went by with no word on our taxes. It is now October and our taxes are still not filed. (We filed in the state of Georgia). I tried calling him and he did not return my call. He has been telling my husband via email that he’s almost done and he’s sending things in the mail tomorrow etc etc. “Tomorrow” was a couple of months ago and still has not come. What are our options here and what advice can you provide? I have never been in a situaton like this. I just want our taxes filed- I have never gone almost 7 months without filing anything after using a paid CPA! (I normally used a tax service prior to this) Please advise so we can make an informed decision. Thank you for your time.

  32. johnharris Says:

    If you don’t owe anything for tax year 2006, there won’t be any penalties involved if you file your returns. If you owe taxes for 2006, you might want to tell your CPA to stop all work on your returns and then you should get them completed by someone who can get them done in a timely manner. If you owe taxes, there won’t be any penalties for failure to file, but there would be some penalty for failure to pay if you don’t pay by Oct. 15 or if 90 percent of it is not paid by Oct. 15. If there are penalties incurred because of your CPA’s lack of action (this is only if you owe taxes), you will want to take this up with the CPA and possibly an attorney. More importantly if you don’t owe any tax, there won’t be any consequences even if your returns are not filed by Oct. 15.

  33. Charles Says:

    i am engaged to get married in TX. i have about $12k of back taxes i have made pmt arrangements with IRS on. i have adjusted my withholdings to prevent future underpayment of taxes.

    Questions, when i get married, will my wife’s refunds by used to pay my tax debts….even when i am currently making monthly pmt pursuant to an agreement with the IRS.

  34. johnharris Says:

    If you file separately, as long as you honor your agreement with IRS, the debt will be between you and them. If you file a joint return with your future wife, even though you have an installment agreement already in place, the refund will be offset to the delinquency that you owe now. Your wife could file for Innocent Spouse or Injured Spouse, but it would be much easier to file separate returns. My opinion is based on the information you provided. Hope this helps!

  35. Shane Brown Says:

    Father recently passed away only assets of personal possessions @ 2 cars. We estimate total value of his assets in the range of 14-17,000. I understand that we need to file for him for 2007, but I fear he may have owed back taxes. He had been disabled (not 100%) since 2002 and has worked little handyman jobs since. Kept poor if any records. With funeral and medical expenses staring at us, where do possible back taxes stand in priority IF they need to be paid?

  36. johnharris Says:

    Shane — Sorry for your loss. Upon the death of an individual, the estate and only the estate becomes liable for the debts of the descendant. If there are assets they must be proboated through the clerk of court and the clerk of court would advertise that fact. IRS would file a claim if they have any information that leads them to believe the taxpayer owes any money. If they don’t file a claim, IRS gets nothing. If they file a claim and there are insufficient assets to pay the claim, IRS gets nothing. Without more information concerning your situation, I would suggest you discuss your situation with a tax professional to be absolutely sure.

  37. kiesha Says:

    I have owed irs for 9 years and i use to make payments i did file. but i stop making payments because of job. I am trying to buy a house through fha.whai should i do.

    thanks

  38. johnharris Says:

    The first thing for you to determine is if a tax lien has been filed. You can determine that by going to the Register of Deeds in your county and asking them for a copy of any tax liens which have been filed against you. If a tax lien has been filed and the IRS is still actively pursuing action against you, you can determine that by looking at the next to the last column, reading from left to right, on the tax lien itself. The heading of the column will be “Last date for refiling”. If that date has passed, that lien is no longer effective and the Statute of Limitations has expired. If it has not passed, you will have to take care of it before you’ll be able to get a mortgage.

  39. Shannon Smith Says:

    Hi, we were recently audited. and the irs found a 20,000 discrepancy. It was a mistake in the way we calculated the gross income. It was a mistake we made every year. how far back can the irs go? in three years, the discrepancy totals 160,000. We are a small business, and we have no idea how much this is going to cost. I have been keeping the business going with personal loans. Is there anything we can do to fix this.

  40. johnharris Says:

    The IRS can go back three years from the date the return was filed or from the due date if the return was filed before the due date. However, if the IRS recognizes badges of fraud, they can go back as far as they want.

    Audits of small businesses with assets under $10 million are not uncommon. In fact, audits of small business returns increased 25 percent from 2001 to 2006. So it is no wonder that we here at JK Harris and Company, LLC more than doubled our client base for audit representation from 2003 to 2006.

    As for what you can do to fix this, if you have records now that can prove the discrepancies discovered by the IRS were incorrect, you can ask for a reconsideration of the audit and present the new evidence. Or, you can file an Offer in Compromise based on Doubt as to Liability.

  41. Bill Says:

    Last year a student grant I received from 1989-1990 was acknowledged to be noncollectable due to the statute of limitations expired. Last week I received a 1099-C “Cancellation of Indebtedness” for the grant and interest. Since the funding agency had acknowledged that the grant was noncollectable how can they turn around and claim that they’ve “canceled” the debt and thus turned it into income that I have to pay taxes on? Thank you for your help.

  42. Terry Says:

    I entered an OIC . They sent me a letter stating I was probably going to be rejected because I have the ability to pay 73,000. They are saying I have 4300.00 a month that I can pay back for 19 months. This figure is only allowing me to live..bare nescessities. I did not file for 9 years. I was injured severely at work and stopped caring about everything. Once I feel behind, i was scared to file because I knew I would owe. Statue of limitations waived 3 of the 9 years I did not file. Do you think I have a chance to get the payments lowered and a penalty abatement ? I receive a pension and I am employed. I help support my grandkids..mother and brother who are disabled. This does not matter to IRS. My credit does not matter. Do I file for bankrupcy protection and pay the unreasonale 4300.00 a month, leaving me just enough to pay my housing costs ? I’m scared. They are only allowing $8.00 for life insurance, when I pay $68.00 a month. If I lose that I am not eligiable for more.

  43. johnharris Says:

    Bill, thank you for your question. Unfortunately, I would need more information to answer your question. For instance, was this a grant or a student loan? I ask because normally, grants do not need to be repaid. Student loans, however, do need to be repaid and do collect interest. Without having more information about your situation, I would suggest you discuss this with a tax professional.

  44. vickie henry Says:

    You can call us serious procrastinators for being non-filer. My daughter just graduated and was w/o a job. Her dad wanted to have a fuller share with his stock accounts and so our math whiz kid set about “day trading.” She used her social number and her dad’s on a joint account. Now the irs wants to come after her. She did not have any money. She traded her dad’s money. The irs doesn’t care. They are accusing her of hiding money. This is absurd. In fact, she lost money in two accounts, practically wiped out another. There are so many losses, but, the irs is not accepting. They also filed for us back in 01. This was such a mess back then. The cpa would not accept the buy/sold format that my daughter printed. We did not know who to go to. We have use the same cpa for over 20 years. So we sat on it, in our mind, thinking we had losses so there was nothing to worry about. We started using a cpa since April of 05 or 06. He thought he had it under control having brought our personal returns to date. But, now the irs wants all our records and has summoned us to appear the first of March. The cpa has advised us to hire an attorney; he says there is nothing he can do for us. We have been cooperative and do not understand what has happened.

  45. vickie Says:

    We don’t think we really owe back taxes due to huge stock market losses. We have been cooperating with the IRS for two years now on our personal stuff. Our current cpa has advised hiring an attorney due to a summons. The summons includes the business for which we have not filed, but, our cpa was in the process. He said first things first. What are our options to make this go away?

  46. vickie Says:

    We have been working with a cpa to get our personal returns current. However, the business returns remain unfiled. It has been over 7 years. Currently my husband is not working and has been unemployed for over 2 years. I work sales, so there is no steady stream of income. We have been cooperating with the IRS for two years. Now we have received a summoms. What are our options?

  47. johnharris Says:

    Vickie,
    Thank you for your question. My best response to you is to follow the advice of your CPA and seek professional representation regarding this particular matter.

  48. johnharris Says:

    Vickie,
    Thank you for your question. Again, my best advice is to listen to your CPA and seek professional representation.

  49. johnharris Says:

    Vickie,
    Thank you again for your question. Unfortunately, a summons can be issued for many reasons and can be requesting any number of different things. Again, I would advise you to listen to your CPA and seek professional representation.

  50. Jim Says:

    I became 100% disabled after a car accident in 2001. I reitred in 2002 after long disabilty leave reciveing a lump with taxes withheld. I have been receiving SSD since then. I was unable to deal with my personal finances for several years after the accident. I became aware about 2 years ago that my 2002 tax returned was never filed. I thought it had been taken care of for me, but what was actually done was an extension filed but the actual return never sent. I am still physcially unable to sit or stand for vey long. I have talked with the IRS, explained, and agreed to a payment plan last year and have been trying to gather information to file the 2002 return. I have not filed since then as my SSD is my only income and is about $23K a year. I was able to make some payments, but then was unable to pay because of continued medical issues and cost. The IRS already has a lien on my house, but now threating to levy my bank account for 15% of my SSD. with penalties and interest, the amount owed is up to about $34K. I am already behind on house payments and struggle to keep utilities going while taking care of medical issues. I live in Texas and am wondering if the IRS can levy my SSD check? That would be very bad for me since I can’t even afford proper medical care and medications. What can I do to stop this? Also, how long to I have to file my 2002 taxes? Thanks.

  51. johnharris Says:

    Jim,
    Thank you for your question. Depending on what your Adjusted Gross Income is, you may qualify for a Currently Not Collectible Status with the IRS. I would suggest that you seek professional representation before they put any levies in place.

  52. Donald Bullock Says:

    I cannot pay my taxes. The capitol gains is killing me. I had to sell a farm to pay off my ex wife, therefore I did not receive any of the money but have to pay capitol gains on it. Is there help for me.

  53. johnharris Says:

    Donald,
    Thank you for your question. I would suggest that you seek professional representation. It sounds like you may qualify for one of the following: Offer in Compromise, Currently Not Collectible, or Installment Agreement. A professional with more access to the details of your situation should be able to give you assistance.

  54. STEVE JAY Says:

    IN PAST COUPLE OF YEARS I HAVE BEING BUY INVESTMENT PROPERTEIS IN BOSTON MASS, I GREW VERY FAST AND BEFORE I COULD LOOK UP I HAD BOUGHT 15 MULTY FAMILYS OVER THE LAST FOUR YEARS THE PROBLEM WAS THAT AFTER REALIZING THAT THE WERE NOT CASH FLOWWING AS GREAT AS I THOUGHT I WAS FORCED TO REFI AND DO REPAIRS AND IN SOME CASES JUST TO KEEP THINGS GOING ANY WAY I ENDED UP SELLING ALL MY PROPERTYS BUT WAS LEFT WITH VERY LITTLE MONEY THE MONEY I TOOK AND PUT INTO OTHER BUSSINES BUT LOST THE MONEY HOPING TO MAKE MORE IN ORDER TO PAY MY CAPITAL GAINS I HAVE NOT FILED FOR 05/06/TAX YEARS BECAUSE I DONT HAVE THE MONEY I AM SCARED I DONT WANT TO LOOSE MY HOUSE OR FAMILY OVER THIS WHAT CAN I DO I FEEL LIKE IM HAVEING ABREAK DOWN EVERY DAY HELP

  55. Rhonda Dahl Says:

    Yesterday received letter from IRS stating that they are auditing me for year 2004 taxes . They want statements from my Employer copies of logs, records of expenses showing all expenses incurred, job locations & dates at each location ? Called trucking Company to get copies of logs of 2004, but they told me they only keep logs up to 6 months and cant help me. I dont have any of my log books or receipts for meal expenses for that year ? I filed married but separate, late on 2004 taxes. Divorced Dec. 05. Was a team truck driver 2000-2005. I’m on ssd disibility as of Aug.06. still on disibility/not back to work yet. It was a company semi truck. What can I do about my problems ?? I still owe back taxes from 2004 only about 300.00 left to pay off. I made 42,000.00 that year and used the standard meal deduction. What will happen to me. Thank You

  56. johnharris Says:

    Steve Jay,
    Thank you for your question. Your particular situation is a complicated one. My best suggestion to you is that you seek professional tax representation so you can receive the specific guidance you need.

  57. johnharris Says:

    Rhonda,
    Thank you for your question. Unfortunately, I do not have enough information to be able to give you specific guidance. I would suggest that you seek professional representation. Being that you are collecting only disability, you may qualify for an Offer in Compromise or Currently Not Collectible status.

  58. linda Says:

    During a move I lost some w2gs from winnings at a casino. I did get win/loss statements.Of course I learned that my losses well exceeded my winnings.But I only listed the winnings of w2gs I had in my possesion . This made quite of difference in my receiving a refund to owing alot of money.This happened in 2005 return.I paid the taxes in June 2007. I just got another letter about the 2006 return saying the same thing.I can ammend the returns on both years,according to an irs representative I spoke with.How do I clear up this matter? What is a 1040x form and what else do I need to send in? will I need to send proof of the loss up to the wins along with the ammendment?

  59. RL Says:

    Good Morning I have a couple of questions
    1 How long do you have to have not filed to be our of system?
    2. I have not filed sence 1992
    3 IRS says im an employie, SS says im a private contractor
    I have paid IRS for most years, But only a few to SS when they said I was an employie
    4. years 92-97 were given to a CPA who worked up the returns for a quoted price but then said that I had to pay him a 5k retainer to get my returns back from him so I just dropped it
    want this weight off my back but not sure where to start
    the only real assets that we have is my retirement +- 100k
    and 2 cars
    not even sure where to start without getting burned big time
    can you help? please

  60. johnharris Says:

    Linda,
    Thank you for your question. A 1040X is the amended return. I would suggest you file the 1040X by itself. If the IRS asks for the proof of the loss, then send that information to them at that time.

  61. johnharris Says:

    RL,
    Thank you for your question. My best advice to you is to seek guidance from a tax professional. The first thing that needs to be done is to get all of your tax returns filed and become compliant with the IRS.

  62. Jennie Says:

    We have been sent a letter from the IRS b/c we did not claim a 1099C. What is the best way to go about this? They say we owe a large amount of taxes.

  63. johnharris Says:

    Jennie,
    Thank you for your question. The 1099C is for a “forgiven debt.” There can be many tax law ramifications with it. My best advice to you is to seek the guidance of a tax professional.

  64. James Says:

    My father passed away June 2, 2008. My mother recently received a letter from the iRS that my father owes for taxes in 2002. On the form it stated that he is married filing seperate. Is she liable for this debt? What does she need to do next? Thanks.

  65. johnharris Says:

    James,
    Thank you for your question. Your mother will need to send a copy of the letter she received from the IRS, as well as a copy of the death certificate to the IRS with a note attached for them to “see the accompanied death certificate.” The IRS will then be able to determine if the debt should be incurred by her or not.

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