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1139 missing paperwork

 

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Subject Author Date
1139 missing paperwork Grip 05-19-2009
Posted by Grip on May 19, 2009, 4:22 pm
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Tax year ended July 2008 and I requested an extension. I knew the
corp had suffered a loss, and had a tax credit, so I did not make any
payment.

I filed my 1120 within the timeframe of the extension. I also filed
an 1139 carryback adjustment hoping to recoup taxes paid in the
previous two years. The loss wasn't great and amount of the refund
wouldn't be large ($3,500). The 1139 is filed separately from the
1120.

I forgot to attach any of the supporting documents, namely the first
two pages from my 2008 1120 showing the loss and so my application was
denied. Completely my error.

I have two questions:

Can I still "re-file" the 1139 and get my carryback adjustment or is
it lost for good?

If I expect another loss in 2009, should I hold off and wait for the
next year instead? My profit in 2006 does not cover all of my loss in
2008, not even half. Can I claim the balance of my 2006 gain in my
2009 return?

Thanks,
G

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Posted by Paul Thomas, CPA on May 20, 2009, 8:47 am
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> Tax year ended July 2008 and I requested an extension. I knew the
> corp had suffered a loss, and had a tax credit, so I did not make any
> payment.
>
> I filed my 1120 within the timeframe of the extension. I also filed
> an 1139 carryback adjustment hoping to recoup taxes paid in the
> previous two years. The loss wasn't great and amount of the refund
> wouldn't be large ($3,500). The 1139 is filed separately from the
> 1120.
>
> I forgot to attach any of the supporting documents, namely the first
> two pages from my 2008 1120 showing the loss and so my application was
> denied. Completely my error.
>
> I have two questions:
>
> Can I still "re-file" the 1139 and get my carryback adjustment or is
> it lost for good?
>
> If I expect another loss in 2009, should I hold off and wait for the
> next year instead? My profit in 2006 does not cover all of my loss in
> 2008, not even half. Can I claim the balance of my 2006 gain in my
> 2009 return?




Refile the NOL carryback with the proper attachments.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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