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IRS situation, what to do, if anything?

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  • IRS situation, what to do, if anything?

    In 2004, I sent in my 2003 return while travelling from a local Kinko's. Had them meter it, copy it, and send it. In 2005, I received a bill from the IRS with a late filing penalty and associated interest. I contested it under the "timely mailed, timely filed" rule. I was in the midst of a filing mess, so couldn't easily put my hands on my copy of the envelope and kept asking the IRS to just LOOK at their copy. Nothing doing. I've written letter after letter. I even got one back from them talking about my *2004* taxes, even though it was 2003. I found the copy, sent it in, and got more BS. I finally contacted a taxpayer advocate several months ago. She's been going around and around and finally got my file forwarded to an appeals officer.

    I received a letter from the appeals office about what I could expect, which included a brochure that promised they would be "courteous and professional" as well as "fair and impartial". Good. Finally. I got a call the next day from the appeals person who grilled me and finally said, "I find it hard to believe that your return sat in the post office for nearly a year". I told her that her experience with the post office must not be like MY experience with the post office (hence the copy to begin with). I also pointed out that a *certified* letter from the IRS mailed in early April did not reach me until late June, so NO, it's not out of the question. She then said, "I just don't find you credible" Excuse me? That is courteous, professional, fair, and impartial??? When you're holding a copy of the metered envelope??? She said she'd have to pull the return and I told her to be my guest.

    The problem is, she's already decided that I'm a liar, so I'm concerned that even when she pulls the return and confirms the date that she still won't pull the penalty/interest. Should I write someone or just wait and see what the response is?

  • #2
    Wow, that sounds terrible, I would definitely make sure there is a record (written notes) of this phone conversation including her rudeness...If you still have that taxpayer advocate I would call and see if further action is recommended from someone in the habit of dealing with the IRS.

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    • #3
      Do you have proof of mailing or delivery from the post office?

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      • #4
        Originally posted by Hypersion View Post
        Do you have proof of mailing or delivery from the post office?
        I have a copy of the metered envelope that is date stamped from the Kinko's store where I had it done/mailed.

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        • #5
          I had a similar situation occur. I mailed it on the 15th and about 3 months later I got a letter seeking penalties for late filing. I called them and they said based on how long it was before they processed it I must have sent it in late and unless I had proof of mailing I would have to pay the penalty. I had sent it certified registered mail and sent them copies of my reciepts and they backed off.

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