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Posted by Benjamin Yazersky CPA on November 1, 2007, 10:10 pm
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> Quick background: When I initially filed our Tax Year 2003
> return - to the IRS and Connecticut, I incorrectly reported
> rental property as passive vs non-passive. In February
> 2007, I filed a 1040-X for both the IRS and the Connecticut
> Franchise tax Board - to correct that error. I have already
> received the expected IRS refund.
>
> I inadvertently created a new error with the amended CT
> return. Unfortunately the tax s/w I used (Turbo-Tax) did not
> transfer all of the required change data - from the
> "corrected" 1040 to the 1040X that I was filing. I clearly
> stated the reason for the change was my error with the LLc.
> I received a CT tax board notice in June that my1040-X
> filing was in error. Upon talking to a CT state tax agent -
> I was told to refile the CT 1040-X, correcting the error in
> my first CT 1040-X. I did that.
>
> Most recently I received notice that the second (corrected)
> CT 1040-X was also declined, due to exceeding the 3 year
> limit. The letter says to respond within 60 days if I feel
> that determination was in error. I do feel the CT position
> is wrong. I clearly stated the reason for change with the
> initial 1040-X (error in classifying the LLc income). That
> the tax s/w did not properly transfer the data from my
> amended 1040 to the 1040-X seems to be a reason to protest
> their ruling.
>
> Is it possible to request that a change to a prior 1040-X -
> that was filed on time, but "refiled" after 3 years be
> accepted ? Or should I put this episode in the "lessons
> learned".
>
> Sorry for the lengthy dialogue. Most appreciative of any
> advice on how to proceed.
I think your issue with CT boild down to whether you have
filed an amended return within the three year statute of
limitations. The burden of proof is on your shoulders to
prove that you have complied. You should seek a local CPA
with experience dealing with the state of CT in this area as
how to proceed.
___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----
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