Define "Fraudulent Tax Return"?

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  • AZ-Tax
    Senior Member
    • Feb 2008
    • 2604

    #1

    Define "Fraudulent Tax Return"?

    2. Tax records: Just because you got a refund (or paid a bill) does not mean you are finished with your tax return. The other extreme affects people who believe that because the paperwork involves the Internal Revenue Service it must be kept for a lifetime.

    Assuming you are not filing fraudulent returns -- for which there is no statute of limitations -- your income tax return boils down into several different types of paperwork. Remember, too, that most tax preparers and accountants keep copies of your documents for the life of your relationship, so there may be a backup of older documents even if you shred your paper copies.



    So TP donates what they believe if $1000 of FMV items. 10 yrs down the road the IRS audits them and they have no proof they ever had the items to donate. Is that a fraudulent tax return?
  • JohnH
    Senior Member
    • Apr 2007
    • 5339

    #2
    The statute runs on that deduction after 3 years.
    "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

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    • MilTaxEA
      Senior Member
      • Mar 2011
      • 203

      #3
      The IRS has a policy (Policy Statement 5-133) not to audit returns beyond six years without special permission.
      Michael

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      • New York Enrolled Agent
        Senior Member
        • Nov 2006
        • 1531

        #4
        Originally posted by MilTaxEA
        The IRS has a policy (Policy Statement 5-133) not to audit returns beyond six years without special permission.
        The policy statement you reference is one of the policy statement for collections. It addresses the period in which to secure returns from non-filers. It does not refer to the statutes for assessing additional tax on filed returns.

        Comment

        • MilTaxEA
          Senior Member
          • Mar 2011
          • 203

          #5
          Originally posted by New York Enrolled Agent
          The policy statement you reference is one of the policy statement for collections. It addresses the period in which to secure returns from non-filers. It does not refer to the statutes for assessing additional tax on filed returns.
          Woops, thanks for the correction.
          Michael

          Comment

          • taxea
            Senior Member
            • Nov 2005
            • 4292

            #6
            Originally posted by AZ-Tax
            2. Tax records: Just because you got a refund (or paid a bill) does not mean you are finished with your tax return. The other extreme affects people who believe that because the paperwork involves the Internal Revenue Service it must be kept for a lifetime.

            Assuming you are not filing fraudulent returns -- for which there is no statute of limitations -- your income tax return boils down into several different types of paperwork. Remember, too, that most tax preparers and accountants keep copies of your documents for the life of your relationship, so there may be a backup of older documents even if you shred your paper copies.



            So TP donates what they believe if $1000 of FMV items. 10 yrs down the road the IRS audits them and they have no proof they ever had the items to donate. Is that a fraudulent tax return?
            1. IRS would not be auditing a return 10 years down the road unless a more current return has already lead them to believe that the tp is filing fraudulent returns.
            2. If the tp cannot prove otherwise and the IRS can then, yes, it is
            Believe nothing you have not personally researched and verified.

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