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it doesn't seem fair to me. i'm not saying that the government should only have 3 years to catch fraudulent files because obviously that would pretty much encourage people to commit tax crimes but if the government doesn't have a time limit to catch tax fraud, taxpayers should also have the ability to re-file for a mistake on taxes if it benefits us. for instance, if i found out that i incorrectly filed my taxes from 5 years ago and that if it was filed correctly that i would've gotten a bigger refund, why shouldn't i be able to collect on that? a mistake is a mistake whether it's 3 years or not, or whether it benefits the government of the people.

2007-03-22 06:48:50 · 2 answers · asked by tom l 3 in Business & Finance Taxes United States

**meant, the government OR the people (in the last sentence)**

2007-03-22 06:49:41 · update #1

2 answers

Actually, the IRS can investigate back 10 years if there is reason to suspect illegal activity.
A taxpayer only has 3 years to file and hope to recover a refund. If the return was already filed and you send in an amendment, you can file a 911 Form to try and retrieve what you missed.
It's always worth a try....

www.irs.gov, forms and publications, Form 911
Also Taxpayer Advocate.....

good luck

2007-03-22 07:02:40 · answer #1 · answered by Wood Smoke ~ Free2Bme! 6 · 0 3

You are mis-informed. When it comes to errors or issues of interpretation of the law, the IRS has the same 3 years that taxpayers do. (Actually, a taxpayer can amend a return at any time and pay any additional tax due, though few people would be motivated to do so unless their original claim was fraudulent or involved tax evasion. The IRS only gets 3 years to find errors or non-fraudulent omissions.)

When it comes to criminial activity such as tax fraud or tax evasion there is no statute of limitations.

Additionally, the statute clock doesn't even start ticking until either the filing deadline for the return or the date that the return is filed. Therefore it is always in your best interest to file a timely return even when a refund is due to you.

You can't claim a refund after 3 years because that's what the LAW says. If you don't like the law as it is, contact your elected representatives.

2007-03-22 07:03:38 · answer #2 · answered by Bostonian In MO 7 · 4 0

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