Military Exception- 2008 Amended

[Taxman VA]

My client is Military active and he was deployed from mid 2011 to recently 2012. He wants to amend a 2008 tax return whereby he had a rental property and didn't claim depreciation b/c it was self-prepared. Well, on April 16,2012 the statute expired on a 2008 return.
Since he was sent over seas, do you know of any way to appeal and file this amended?

Thanks,


Taxman VA

[Gary2]

See Pub 3, under Extension of Deadlines, particularly example 2 at the top of page 25. Note that this is for combat zone, qualifying service, or contingency operations.

But first, is this the only year for which depreciation wasn't claimed? If not, you can't amend regardless; you need a 3115. See the other recent threads on depreciation.

[taxea]

My client is Military active and he was deployed from mid 2011 to recently 2012. He wants to amend a 2008 tax return whereby he had a rental property and didn't claim depreciation b/c it was self-prepared. Well, on April 16,2012 the statute expired on a 2008 return.
Since he was sent over seas, do you know of any way to appeal and file this amended?

Thanks,


Taxman VA

He doesn't qualify for any special extension on 08 if he wasn't deployed in that year. Check the military publication to see whether any of the time he was deployed in 2011/2012 allows for the amending of 08 to be extended.