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  • IRS Errors

    Has anyone else dealt with blatant errors from the IRS? In the last week I've received two bill from the IRS, both are clearly incorrect...

    1) My parents, brother and I are partners (4 of us) in a one bedroom condominium unit - there are 4 partners, always have been for the 17 years we have owned it. We got a $37,000 penalty notice in the mail for not electronically filing our 1065 and K-1s because they allege we have 233 members and are required to file electronically. Where this 233 number came from is a complete mystery. My dad filed everything before he died, but I have copies of all of it, nowhere is there a 233 or any type of mistake that I can find. EIN is the same one we have used year after year. Of course when you call the phone number, they say that due to covid they can't take your call and to call back another time. I wrote a letter and included lots of documentation, so hopefully that will solve it.

    2) On our personal 1040, we filed an extension back in April, and I paid $11,500 as an estimate of what was due. I asked my business accountant to set up the extension for me (I do my own taxes, but was going through death of my father and had no ability to deal with filing taxes on time, so I needed an extension) and they gave me all the forms and showed me how to pay what was due. I have the confirmation number from IRS Direct Pay, the confirmation that the payment went through, and the file showing what it was for. I filed taxes myself on 10/15 and showed the $11,500 as a credit for taxes paid with the extension - they sent a letter today saying they have no record of that payment and that instead of a $7,000 refund we owe $4,500 plus penalties. Well, with all due respect where did that $11,500 go?? I have the all the information in front of me showing it as a payment for 2020 due with extension, so it is SOMEWHERE in their system associated with our SSN's. How hard can this be??

    If you are confident the error is on their side, how do you deal with it, do you go ahead and pay the penalties and what they say is due and hope it gets resolved later? I'm frankly a little mad that I can't even get a call through to an actual human being and I'm not really in the mood to loan them $41,500 interest free while it gets sorted out. Of course the due dates for both of these is within 2 weeks, so no chance my letters will be responded to in time, but I'm very confident that I am correct on both of these so I'm almost willing to let additional penalties and interest pile up while it gets sorted out.

    Anyone have advice for these scenarios?

  • #2
    Show your documentation proving that your information is correct. Contrary to popular belief, the IRS is ran by humans, prone to errors, but very reasonable to deal with when issues arise.

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    • #3
      Don’t get too upset. The IRS just tries to match up records. If something doesn’t track for them the default is to send the bill. Presumably the bill came with instructions on how to provide additional information to document that your tax return was in fact correct? I’ve had this happen several times. Write them a letter explaining your position, and include copies of your documentation. Hopefully that will resolve it, but be patient. On average I have had to do two rounds of correspondence to get similar claims resolved.

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      • #4
        Originally posted by Larry Ragman View Post
        Don’t get too upset. The IRS just tries to match up records. If something doesn’t track for them the default is to send the bill. Presumably the bill came with instructions on how to provide additional information to document that your tax return was in fact correct? I’ve had this happen several times. Write them a letter explaining your position, and include copies of your documentation. Hopefully that will resolve it, but be patient. On average I have had to do two rounds of correspondence to get similar claims resolved.
        Yeah I wouldn't pay them. Be prepared for multiple demand letters before they finally give you a final response.

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        • #5
          Never pay a bill you don't owe to the IRS. Follow the instructions and submit your documentation.
          Of course the IRS always has 6 weeks to respond. That is the process, accept it.

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          • #6
            To answer your question, yes! Errors at both the state and federal revenue level have multiplied since the onset of COVID. They are having to rely too much on computers and there is also a backlog of processing. We’re getting at least triple the notices we were pre-COVID, and most are wrong. The highest error rate appears to be not processing tax payments that have been made and cleared the client’s bank account. The advice to NEVER pay when you receive a notice before you have validated that it is correct is good advice.

            We are able to deal with some of these issues by phone with a POA but, of course, the wait is long and we have received conflicting advice. For example, one client made an extension pmt for 2020 and coded it 2021 online. The first agent we spoke to said they would be able to apply to 2020. Another notice arrived and the second agent said it was not possible to recode and to pay bal-due + penalties + interest asap. Our CPA is planning to call a third time to hopefully get the first response again and close it out. The IRS was closed to calls last Monday, then closed Columbus Day, so last week was hard to get through. Fortunately, the payment will be credited one way or another, but we’d like to avoid the pen/int. Of course, this was a client error but we s/h/b easily able to get resolved by phone.
            Our passion is protecting clients and others from predatory and ignorant advisors. Fox & Co CPAs, Fox & Co Wealth Mgmt. 270-247-6087

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            • #7
              Still waiting for my "refund" after filing in May.

              Too bad the government's income isn't linked to "customer satisfaction" or a "merit-based" incentive program.

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              • #8
                I have not had that happen, that would be so frustrating.

                I did go through an audit a year ago which was quite unpleasant. My colonoscopy a few years back was less invasive. The local IRS agent found our return was fine with no tax owed but she said we would need to wait for her managers final say on the outcome. That was almost a year ago and no final word. I have asked the agent through email a couple of times if anything is wrong and my last response from her was that they are having problems getting official letters out to people and my audit was finalized and I should use her email as proof of that. I asked her if she could please send me a letter with IRS letterhead stating that and she never responded. The whole process was crazy, they would ask for a bunch of documents and give you a few days to provide it while they can take weeks to months getting back to you about anything. It is not fun dealing with them.

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                • #9
                  “The most terrifying words in the English language are: I'm from the government and I'm here to help.”

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                  • #10
                    Originally posted by G View Post
                    Still waiting for my "refund" after filing in May.

                    Too bad the government's income isn't linked to "customer satisfaction" or a "merit-based" incentive program.
                    I stand in solidarity with you except I submitted in June. I'd be happy to form a 2 man picket team with you and meet you at the IRS headquarters.

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                    • #11
                      Thanks everyone, I'm just going to keep trying to call and mail in my documentation for our 1040 just like I did for the partnership return. Definitely not giving them another dime. I've never had any kind of bills or penalties like this from the IRS and it has me rattled for some reason!

                      Comment


                      • #12
                        Originally posted by nomindforfinance View Post
                        Thanks everyone, I'm just going to keep trying to call and mail in my documentation for our 1040 just like I did for the partnership return. Definitely not giving them another dime. I've never had any kind of bills or penalties like this from the IRS and it has me rattled for some reason!
                        Calling will probably not do any good. They would need the documentation.

                        Comment


                        • #13
                          You are correct not to pay in anything else. This is obviously a computer error on both notices and it will eventually be sorted. Try the numbers/methods in this list and let us know if you have any luck.
                          Our passion is protecting clients and others from predatory and ignorant advisors. Fox & Co CPAs, Fox & Co Wealth Mgmt. 270-247-6087

                          Comment


                          • #14
                            Originally posted by jfoxcpacfp View Post
                            Try the numbers/methods in this list and let us know if you have any luck.
                            So after trying a couple of the suggestions on there, I did find one method that got me through to someone.

                            The agent's advice: "give it more time."
                            Me: "Really? Six months isn't enough time?"
                            Agent: "Could be 7 months, could be 8 months."
                            Me: "So the tax that I overpaid for 2020 isn't going to come back to me til 2022?"
                            Agent: [unintelligible mumbling] COVID.
                            Me: "Thanks so much." [but thinking: gosh, if only COVID allowed me a free pass in MY job.]

                            Comment


                            • #15
                              Originally posted by G View Post

                              So after trying a couple of the suggestions on there, I did find one method that got me through to someone.

                              The agent's advice: "give it more time."
                              Me: "Really? Six months isn't enough time?"
                              Agent: "Could be 7 months, could be 8 months."
                              Me: "So the tax that I overpaid for 2020 isn't going to come back to me til 2022?"
                              Agent: [unintelligible mumbling] COVID.
                              Me: "Thanks so much." [but thinking: gosh, if only COVID allowed me a free pass in MY job.]
                              I like to think somewhere in the IRS building our dollars are frolicking around together and enjoying months and months of carefree days.

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