Any Recourse for Old Refund?

[equinecpa]

My client received a notice this year after filing their 2009 personal tax return that their 2009 refund was being held due to non-filing of their 2004 personal tax return. This client timely files every year so I was able to send them a copy of the 2004 return that was prepared in 2005. The 2004 return had a refund of $900 on it which my client never received. The IRS is not issuing the refund to them because per their records the return was filed over 3 years late.

My client says they mailed the return in 2005. They received no other notices. They received refunds in other years. How were they to know the IRS hadn't processed the return (other than not receiving that refund...)?

Do they have any recourse here? It really seemed strange that they finally requested this return in 2010!

[solomon]

My client received a notice this year after filing their 2009 personal tax return that their 2009 refund was being held due to non-filing of their 2004 personal tax return. This client timely files every year so I was able to send them a copy of the 2004 return that was prepared in 2005. The 2004 return had a refund of $900 on it which my client never received. The IRS is not issuing the refund to them because per their records the return was filed over 3 years late.

My client says they mailed the return in 2005. They received no other notices. They received refunds in other years. How were they to know the IRS hadn't processed the return (other than not receiving that refund...)?

Do they have any recourse here? It really seemed strange that they finally requested this return in 2010!

Strange client said nothing or did not contact IRS about not receiving $900 refund back in 2005. Also, odd 2004 return not mailed certified return receipt. Don't think any recourse at this point as the Code is clear.

[Peachie]

Why would she mail

Strange client said nothing or did not contact IRS about not receiving $900 refund back in 2005. Also, odd 2004 return not mailed certified return receipt. Don't think any recourse at this point as the Code is clear.

her 2004 return certified? It couldn't be done until 2005. I wouldn't think she was late since a refund was expected. Am I missing something? I agree, if I were expecting a refund, I would not have let that go by for five years without an inquiry. Just wondering?

Peachie

[equinecpa]

I really wish the IRS sent statements acknowledging filing and processing of returns. Revenue Canada sends a statement each year showing "processed as filed" or any adjustments along with the refund check or by itself if there is no refund.

I don't think it's strange at all that the client didn't notice they didn't receive the funds - they often apply their refund to the next year, that year they opted for a cash refund. As for mailing certified return receipt -they might have, but now they have to dig up that itty bitty receipt which even if they find does it prove WHAT was mailed?

I just pulled up the IRS account for this return and it STILL isn't showing up on their records even though I know they have it as I have discussed the return with a revenue officer.

[solomon]

her 2004 return certified? It couldn't be done until 2005.

Peachie

Obviously. ................

[FEDUKE404]

Simple solution

I really wish the IRS sent statements acknowledging filing and processing of returns.

They should have efiled and gone for direct deposit... duh!

Are there state returns involved also?

For some reason, I just don't think you are getting the entire story.

FE