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IRS lost my return

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keithminn

Junior Member
I filed my 2003 return on March 20th of 2007. I sent the return certified mail signed receipt and recieved the receipt with an IRS employee signature 10 days later. The IRS lost the return -- I refiled. They disallowed the 2nd filing as being past the deadline of 3years instead of a 12k refund I owe them 23k for the return they filed for me. Do I have recourse here with the postal document -- can they disregard my evidence and say tough luck. As an aside I also filed 2004 the same way they lost that one also and after filing again recieved a refund of 9k but the deadline was a year later.
 


tranquility

Senior Member
Often the IRS will accept return receipt requested as proof of filing. However, if they don't, what will the receipt prove in court? See the problem?

I also see they filed a return for you. No doubt because you didn't respond appropriately to their letters. When did this happen? What steps were taken?
 

irsos

Member
The chances of the same person having their return lost twice in a row are very remote. I wonder if you are sending them to the correct address. That said, if you have your certified receipt and it clealy identifies the contents as being your 2003 return, you have a very good chance of winning on that one - assuming you mailed it to the correct address with sufficient postage. Even if your claim for refund is ultimatley denied, the return should reduce your balance to zero at the very worst.
 
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keithminn

Junior Member
IRS lost my return response

The first filing was sent to kansas to the address my accountant gave me. The returns for 03,04 and 05 were bundled together. When I called the IRS they gave me a CAlifornia address and said the returns must be lost in their system somewhere. The second mailing was sent in seperate envelopes I need to look at the receipt but I think I identified the receipt as 2003 return.
 

irsos

Member
That is the problem. You NEVER send multiple returns in the same envelope. They typically staple them all together and process the one on top.
 

keithminn

Junior Member
IRS lost my return response

I will never mail the returns again together -- but in this situation none of the retuns were processed.
 

irsos

Member
One thing you should try is to file a Freedom of Information Act request for the assessment and collection file for each of the years you filed together. May turn up nothing but it should not cost anything either. Make a seperate request for each year.
 
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LdiJ

Senior Member
Post #4 - they are your best bet right now. They are there to help the tax payer.
I agree, I was able to get a taxpayer's 2002 refund processed last year just based on having a signed 2002 form that was dated prior to the deadline. However I needed the advocate's help to make it happen.
 

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