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I have recieved a couple months back letter from my state addressing that I need to complete my 04 tax return, something I swear I completed. During that time period I was going through a lot of personal problems, death of an uncle and birth of my daughter. Now I recieve a notice of assessment that is slamming me for close to 2k bucks and it puts me in a great bind. Under what grounds can I appeal this in my current situation? Thank you for your time.

2007-10-17 11:37:01 · 4 answers · asked by oftheangels25 2 in Business & Finance Taxes United States

4 answers

When you filed your 2004 state tax return, you either paid a balance due or received a refund. Go through your bank records to find the check you wrote to pay the balance due, or your bank may search its records if you deposited the refund check.

If you received a refund in 2004, it may show on your 2005 tax return, and you may have kept the 1099 from the state with your 2005 records. If you paid a 2004 balance due in 2005, it may be on your 2005 return as a deduction.

If all else fails, you will have to file again. When the state says it has no return from you and assesses tax, it is sometimes done without regard to any withholding you had from your pay. So you need to get your income documents showing that you did pay some of the tax through withholding.

Then refile, and protest the failure to file penalty. However if you cannot come up with any proof that a return was filed, you're probably going to have a failure to file penalty if a balance is due.

2007-10-17 13:07:59 · answer #1 · answered by ninasgramma 7 · 1 0

Hopefully you kept a copy of your 2004 return, with the certified mail slip stapled to it. If not, find a copy or generate one if you used a program like turbotax and send it in with a statement that it is a copy and that you timely filed the original. Do not ignore the problem.

2007-10-17 11:49:43 · answer #2 · answered by mattapan26 7 · 0 0

first of all ..Do your taxes yourself to confirm that the assessment is correct

If the assessment is correct agree to it and submit form 9465 reqeusting a payment plan to spread your debt over time

If the debt is significant and you do not have the assets to pay and it is unlikely you will be able to pay in the near future you may consider an Offer in Compromise

2007-10-17 11:54:53 · answer #3 · answered by goobar121 2 · 0 0

It sounds like you failed to file a return and the state did it for you but not as you would like. Prepare a correct return and send it in.

2007-10-17 14:16:21 · answer #4 · answered by Anonymous · 0 0

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