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Subject Author Date
Side effect of IRS extension of filing deadline Ira Smilovitz 04-18-2007
Posted by Ira Smilovitz on April 18, 2007, 2:16 am
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 Yesterday (it's now 4/17 here) the IRS announced a 48 hour
extension of the filing/payment deadline for taxpayers
affected by the storms of the past weekend.

My purely hypothetical question is... would this extend the
deadline for 2003 amendments/refund claims which would have
reached the statute of limitations on 4/15 (4/17)?

Personally, I think that anyone who arranges their affairs
so poorly that they are up against a hard deadline deserves
whatever befalls them, but I'm curious just the same.

Ira Smilovitz

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Posted by Phil Marti on April 19, 2007, 4:11 am
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> Yesterday (it's now 4/17 here) the IRS announced a 48 hour
> extension of the filing/payment deadline for taxpayers
> affected by the storms of the past weekend.
>
> My purely hypothetical question is... would this extend the
> deadline for 2003 amendments/refund claims which would have
> reached the statute of limitations on 4/15 (4/17)?

I vote "no."

Unlike the 4/17 due date, which is grounded in law (IRC
7503), this seems to be general noblesse oblige on the part
of the IRS, using the administrative discretion that they
have. I wouldn't rely on it for anything other than what
they specifically cite.

--
Phil Marti
Clarksburg, MD

<< ======================================================= >>
<< 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 (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Steve Foley on April 19, 2007, 4:11 am
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> Yesterday (it's now 4/17 here) the IRS announced a 48 hour
> extension of the filing/payment deadline for taxpayers
> affected by the storms of the past weekend.
>
> My purely hypothetical question is... would this extend the
> deadline for 2003 amendments/refund claims which would have
> reached the statute of limitations on 4/15 (4/17)?

No.

http://www.irs.gov/newsroom/article/0,,id=169543,00.html

Frequently Asked Questions about the April 16, 2007, Storm
Relief Q: Does the storm relief apply to the individual tax
refund claims for tax year 2003 where the regular three-year
statute of limitations is expiring?

A: No. We do not have the authority to extend the statute
of limitations for the filing of the refund claims or any
other time sensitive acts unless there is a Presidential
disaster declaration.

<< ======================================================= >>
<< 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 (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Don Priebe on April 19, 2007, 4:11 am
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> My purely hypothetical question is... would this extend the
> deadline for 2003 amendments/refund claims which would have
> reached the statute of limitations on 4/15 (4/17)?

Q: Does the storm relief apply to the individual tax refund
claims for tax year 2003 where the regular three-year
statute of limitations is expiring?

A: No. We do not have the authority to extend the statute
of limitations for the filing of the refund claims or any
other time sensitive acts unless there is a Presidential
disaster declaration.

http://www.irs.gov/newsroom/article/0,,id=169543,00.html

--
Don EA in Upstate NY

<< ======================================================= >>
<< 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 (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Helpful One on April 19, 2007, 4:11 am
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> Yesterday (it's now 4/17 here) the IRS announced a 48 hour
> extension of the filing/payment deadline for taxpayers
> affected by the storms of the past weekend.
>
> My purely hypothetical question is... would this extend
> the
> deadline for 2003 amendments/refund claims which would
> have
> reached the statute of limitations on 4/15 (4/17)?

The statute of limitiations is three years from the original
filing deadline date in 2003, and therefore has nothing to
do with 2007 filing deadlines or extensions.

> Personally, I think that anyone who arranges their affairs
> so poorly that they are up against a hard deadline
> deserves whatever befalls them, but I'm curious just the
> same.

I agree.

<< ======================================================= >>
<< 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 (2006) - All rights reserved. >>
<< ======================================================= >>

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