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The Tax Man Commeth

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  • The Tax Man Commeth

    I received a notice from the IRS that I owe $1800.00 for tax and penalties for a $6658 IRA cash out that they say we received in 2010. The facts are that we rolled a 401K into a Fidelity IRA. This money stayed in the IRA for a couple of years. We then rolled this money into another 401K at my wife's current employer.

    I never received the 1099R from Fidelity and never supplied it with the 2010 tax return. (Didn't think of it with no 1099 and it slipped my mind.) I called Fidelity and they said the records are retired and are not active in the system any longer. I then called the bank holding company that does the banking for Fidelity and they sent me the 1099R that has a G distribution code on it. It says the payer is Fidelity but the sent to address is our home address. We never received the money or the check it actually did go right to my wife's companies 401K.

    I then called my wife's 401K administrators and they provided a statement from the time period in question that shows the rollover in the exact amount that is on the 1099R. (It actually says rollover on the statement.)

    I sent this data to the IRS. I also called them and the person that I spoke with said that may not be good enough. She says that the G distribution code does not necessarily mean that the money was rolled into the necessary account in the allotted time.

    The have 30 days to respond to my data. What would be my next step? I'm kind of at a loss at this point. Fidelity seems useless and does not really care. The bankers that manage the money for fidelity only provided the 1099R. One would think they could provide a check copy or an electronic record of some type that would show the transaction never reached our hands.

    There is nothing I can do until they respond. I'm hoping that sometime with some semblance of sense will look at the docs and sign off on it. I hate to get a lawyer involved it will eat up the $1800 in no time but the fact is I just plain don't owe the money.

    What else would you guys suggest I do? I'm assuming someone with some sense will look at the hard copies and see the facts. Anyone had an experience like this before?

    Thanks

    Pat
    Last edited by PMMM; 06-01-2012, 10:58 PM.

  • #2
    I wouldn't worry about it. A 1099R with a G code should be ample. I find it odd that the IRS send you a note in the first place about it. Or that the IRS would tell you that might not be good enough. ???

    Anyway, the IRS will probably send you more notices because it will take them MONTHS to look at your correspondence. So, don't fret about it, they may sort it out before 2013.

    But other than that, the evidence you provided is clearly more than ample that it was a rollover. I wouldn't be losing any sleep over it.

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    • #3
      Thanks for the reassurance. I too find it odd and quite weird since with the correspondence the sent the copy of the 1099r with the G code on it.

      I will sit back and see what happens.

      Thanks for the response I appreciate it.

      Pat

      Comment


      • #4
        Can you file an 'Appeal' for the initial IRS notice/demand to protect yourself should you bang against time deadlines due to the length of time it takes IRS to review their earlier decision?
        Anything that isn't computer driven...takes a person to actually examine documents takes longer than you'd believe. I suggest you keep a journal of dates, times, names of who you speak to and summary of their statements.

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        • #5
          Hope for the best, prepare for the worst. If you don't have the $1,800, start saving up now "just in case." And like another poster said, document everything, file for time extensions if needed, whatever. And if they say you HAVE to pay...you have no choice. Pay them, but keep filing appeals. The IRS is one organization you don't want to mess around with.

          Comment


          • #6
            They had a document with the original paperwork that asked if I agree or don't agree or want to make payments. I didn't sign anything but only checked the box that says I don't agree with the findings.

            There also is an appeal process and I can take the matter to tax court if I do not agree with the findings of the Fresno, Cal tax office.

            The people that I spoke to at the IRS, both times, said that they will respond within 30 days. We'll see.

            I have the money to pay em but they will not get it. It's not owed and they will not railroad me. If I have to get an attorney to talk some sense into Fidelity and their banking institution to get the proper paperwork I will . I will not roll over. Thanks for all the advice I really do appreciate it. You can be sure I am noting all and keeping track of conversations and documentation.

            It's the hassle and principal of the thing. Whats right is right and what's wrong is wrong. They are wrong.

            Comment


            • #7
              CPA dealing with Tax Notices from IRS

              I'm a CPA in the tax department of a mid size accounting firm in Houston and we deal with notices like this all the time. You could, but don't need to, hire a CPA to respond.

              I agree with the poster that said that should be ample evidence of a roll-over.

              I also agree that the IRS is not to be messed with, but generally you will find them at least somewhat reasonable.

              I think you can get that resolved by just having the following:

              1) the newly issued 1099-R with distribution code G

              2) a statement from your wife's 401(k) that shows a deposit of equal value to the 1099-R

              Which sounds like exactly what you provided them.


              Don't fret over it though. You won't have to pay them.

              Comment


              • #8
                Just a quick update. I supplied the IRS with the new 1099R with the G distribution code etc. and the statement that shows the exact same amount deposited into the 401K account.

                No word yet from them. They stated within 30 days I will get an answer. I'll update again with the next IRS correspondence.

                Comment


                • #9
                  Originally posted by PMMM View Post

                  No word yet from them. They stated within 30 days I will get an answer. I'll update again with the next IRS correspondence.
                  I can tell you it won't be 30 days - try 120 days.

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