Posted by Kelly 3 years ago In:

taxes

I filed my 2005 tax return in May of 2009. I found ...

I filed my 2005 tax return in May of 2009. I found out that I was 29 days late filing and I would not get my refund. Is there an appeal process I can go thru to get my refund? I had an accountant which filed an extension for me that year and I have a copy of it. The Irs says they don't have it in there system. We also had two hurricanes that year and I lost all the data in computer. I had to go back and do everything manually for personal and my business.

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3 Answers

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mayhaven Answered:

Hi Kelly. I'm not sure if there is what you would call an appeal process but it sounds to me like you attemted to do everything as you were supposed to as well as going through two hurricanes and a mere 29 days cost you your refund. What you might have to your advantage is that you still have a copy of the extension. Perhaps you should contact the IRS again and tell them that since someone there told you they don't have it in their system, you do have a copy and would be more than willing to furnish them with it. I don't know if it will do any good but it is your money...you should have a right to fight for it. I'm so sorry you had to go through those hurricanes and I hope things are getting better for you now.

Best of luck to you.

Posted 3 years ago
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"Be strong in nature; Gentle in deed."

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Ace Answered:

Usually the IRS is pretty firm with this type of deadline, which is 3 years from the due date of the return. Since you filed an extension, the 4 or 6 months extension normally would then be the due date of the return (August or October 15). The problem is the IRS not having record of the extension. I suggest you re-visit the filing of the extension with the accountant you used, and if he is a recognized tax preparer with the IRS, he should be able to prepare a support letter for you documenting the filing of an extension. Hopefully you will be able to then "appeal" the IRS original rejection with this support, the accountants assistance, and the extenuating circumstances of the natural disasters that prevented your timely filings. Good Luck.

Posted 3 years ago
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Barbara Answered:

If your accountant filed an extension for the 2005 taxes, he had to file the extension by April 15, 2006 which would have extended the time to file 2005 until October 15, 2006. Since you didn't file your taxes until May 2009, that extension was null and void on October 16, 2006. You need to make the IRS aware of your situation and may be because of the hurricane, they would abate some penalties and interest. Good Luck.