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    Appeals Process

    I have a new client that had an issue with 2013 tax return that former CPA was handling. 2013 federal tax return was filed as MFS in a community property state with form 8958 submitted. Previous tax preparer input 50% of spouse’s income on line 21. IRS recalculated federal tax liability in 2015. Tax preparer submitted correspondence to IRS in 2016 along with 8958 and IRS adjusted tax liability but one issue still was not resolved – IRS deemed line 21 income as self employment income. Taxpayer asked me to look into in 2019 and I submitted new info to IRS for which IRS has adjusted taxpayers account. However, IRS is disallowing refund due to time limits.



    The taxpayer contacted previous tax preparer many times regarding issue and tax preparer would advise client that “it just takes time with IRS” but according to IRS nothing was submitted to IRS after 2016. With the above information, would other tax preparers consider lack of handling by previous tax preparer grounds for appeal?


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