Amended Return Question

[erchess]

Original return was HH and I have it. There was an audit and as a result the IRS changed the return to MFS because taxpayer is married and living with spouse who produces no income. I have successfully reopened the audit and been instructed to send an amended return in. Now that's all well and good but can I use the original return that I have as the basis for the amend or do I have to get a copy of the return as it currently is in the IRS files?

At the end of the day the taxpayer will have more money coming to him because he will have the higher standard deduction of MFJ and the personal exemptions of his wife and his daughter. He didn't know he could claim them. He was already claiming his granddaughter with the permission of his daughter and the father of the child.

[Brian EA]

The IRS corrected becomes the original return. Why is the taxpayer not filing a joint return?

[erchess]

Ty Brian

The taxpayer will be filing jointly at the end of the day. He didn't think he could or should list his unemployed spouse on his return so he didn't tell the preparer he was married and they didn't ask.

How do I get a copy of what the IRS has?

[manyhappyreturns]

I had a client a couple of weeks ago whose return got changed by the IRS even though they were wrong about it. So when my client came in, I called the IRS and they gave him the info off his return the way they had it in their records and we used that for the 1040X. Or you could have the TP sign Form 8821 and you can call the IRS without the TP being present.

[taxea]

If it isn't current year you could get a return transcript from E-services or faxed to you by the hotline.
If it is current year you only need to correct the original and write "corrected return" across the top if filing before 4/17

[Brian EA]

The taxpayer will be filing jointly at the end of the day. He didn't think he could or should list his unemployed spouse on his return so he didn't tell the preparer he was married and they didn't ask.

How do I get a copy of what the IRS has?

Based on the amount refunded, you can back into the return and recreate using the changes made by Uncle Sam.

[JohnH]

Great idea. Would that be tax return unpreparation or depreparation?

[erchess]

Brian and John

John I'm getting the idea you disagree with Brian.

I could indeed (it seems to me) do what Brian suggests because I have the return that the IRS initially got and I know that the only changes the IRS made were to change filing status from HH to MFS and consequently strip EIC and change the tax calculation.