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Posted by Phil Marti on April 19, 2007, 8:49 pm
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> 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.
There are a couple of nuances here. First the deadline for
2003 amended returns is 4/15/2007 or 3 years from the date
the 2003 original return was filed, whichever is later.
Second, assuming a timely 2003 return, since the 3 year
statute expired on a Sunday and the following Monday was a
DC holiday, IRC 7503 treats a claim filed 4/17/2007 as
timely.
--
Phil Marti
Clarksburg, MD
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Posted by Harlan Lunsford on April 22, 2007, 2:30 pm
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Phil Marti wrote:
>> 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.
> There are a couple of nuances here. First the deadline for
> 2003 amended returns is 4/15/2007 or 3 years from the date
> the 2003 original return was filed, whichever is later.
> Second, assuming a timely 2003 return, since the 3 year
> statute expired on a Sunday and the following Monday was a
> DC holiday, IRC 7503 treats a claim filed 4/17/2007 as
> timely.
Actually the instructions to the form 1040x say "must be
received within three years after the date you filed your
original return or within two years after the date you paid
the tax, whichever is later."
I take that to mean that if one filed a 2003 return on March
2nd, 2004, then they have until March 2nd 2007 to properly
amend.
ChEAr$,
Harlan Lunsford, EA n LA
<< ------------------------------------------------------- >>
<< 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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Posted by Stuart A. Bronstein on April 23, 2007, 10:25 pm
Please log in for more thread options > Phil Marti wrote:
>> There are a couple of nuances here. First the deadline for
>> 2003 amended returns is 4/15/2007 or 3 years from the date
>> the 2003 original return was filed, whichever is later.
>> Second, assuming a timely 2003 return, since the 3 year
>> statute expired on a Sunday and the following Monday was a
>> DC holiday, IRC 7503 treats a claim filed 4/17/2007 as
>> timely.
> Actually the instructions to the form 1040x say "must be
> received within three years after the date you filed your
> original return or within two years after the date you paid
> the tax, whichever is later."
My understanding was that the statute of limitations ran
three years from the date filed or the date "due," whichever
was later. But that's a mistake.
The time for the IRS to assess additional tax is three years
from the date a return is filed or the date due, whichever
is later. See IRS § 6501.
But the time for claiming a refund by the taxpayer is
different. Under §6511, as Harlan noted, the claim must be
made within three years of when the return was filed
(irrespective of when it was due) or two years from when the
tax was paid.
Stu
<< ======================================================= >>
<< 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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Posted by A.G. Kalman on April 23, 2007, 10:44 pm
Please log in for more thread options Harlan Lunsford wrote:
> Phil Marti wrote:
>>> 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.
>> There are a couple of nuances here. First the deadline for
>> 2003 amended returns is 4/15/2007 or 3 years from the date
>> the 2003 original return was filed, whichever is later.
>> Second, assuming a timely 2003 return, since the 3 year
>> statute expired on a Sunday and the following Monday was a
>> DC holiday, IRC 7503 treats a claim filed 4/17/2007 as
>> timely.
> Actually the instructions to the form 1040x say "must be
> received within three years after the date you filed your
> original return or within two years after the date you paid
> the tax, whichever is later."
>
> I take that to mean that if one filed a 2003 return on March
> 2nd, 2004, then they have until March 2nd 2007 to properly
> amend.
You missed the last sentence of the paragraph in the
instructions:
File Form 1040X only after you have filed your original
return. Generally, for a credit or refund, Form 1040X must
be filed within 3 years after the date you filed the
original return or within 2 years after the date you paid
the tax, whichever is later. A return filed early is
considered filed on the due date.
<< ======================================================= >>
<< 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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Posted by Phil Marti on April 23, 2007, 10:44 pm
Please log in for more thread options >> There are a couple of nuances here. First the deadline for
>> 2003 amended returns is 4/15/2007 or 3 years from the date
>> the 2003 original return was filed, whichever is later.
>> Second, assuming a timely 2003 return, since the 3 year
>> statute expired on a Sunday and the following Monday was a
>> DC holiday, IRC 7503 treats a claim filed 4/17/2007 as
>> timely.
> Actually the instructions to the form 1040x say "must be
> received within three years after the date you filed your
> original return or within two years after the date you paid
> the tax, whichever is later."
>
> I take that to mean that if one filed a 2003 return on March
> 2nd, 2004, then they have until March 2nd 2007 to properly
> amend.
IRC 6513 sets the date as the original due date for early
returns.
--
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. >>
<< ======================================================= >>
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