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As someone who worked in tax resolution for 5 years, here's what I'd recommend for your 2012 issue: 1. File Form 911 (Taxpayer Advocate Service request) along with your Form 843. The Taxpayer Advocate can sometimes help in cases where there's significant hardship and unfairness, even with statute limitations issues. 2. Request your complete account transcripts from the IRS for all years involved. Look for any processing errors that might create exceptions to the statute of limitations. 3. If you received any incorrect CP2000 notices or other incorrect IRS communications, document these carefully as they can sometimes extend your ability to claim refunds. 4. Make sure you're very specific about the "reasonable cause" for your failure to file the correct form - emphasize that you were unaware of the new Form 8949 requirement, had just had a baby, were low income, etc. The honest truth is that getting money back from 2012 is very difficult, but I've seen exceptions happen when taxpayers are persistent and documentation is solid.
Thank you for these suggestions! I hadn't heard of Form 911 before, but I'll definitely look into it. I'm going to request my complete account transcripts right away. One question - for the "reasonable cause" explanation, should I focus more on my financial hardship or my lack of understanding about the Form 8949? I want to make the strongest case possible.
Focus on both aspects equally, but make sure to emphasize that your misunderstanding was directly related to a new form requirement that had just been introduced. The IRS tends to be more sympathetic when confusion stems from their procedural changes rather than just general tax ignorance. Also document the financial impact this had on you as a low-income person with a new baby. Include specific details about your income at the time ($16K annual) compared to the assessment ($5,800) to illustrate the disproportionate impact. When filing Form 911, be very clear that this situation created economic hardship for you over multiple years as they recaptured your refunds and tax credits that you needed for basic living expenses.
Has anyone ever successfully used the "equitable doctrines" approach with the IRS? I've heard that there are rare cases where the IRS will consider refunds outside the statute of limitations under concepts like equitable tolling or equitable estoppel, especially when they made errors in processing.
I'm a tax attorney, and while equitable doctrines do exist, they're extremely difficult to successfully apply against the IRS. The Supreme Court has generally held that filing deadlines in tax statutes are jurisdictional, meaning equitable tolling doesn't usually apply. Your best bet is always to find a technical exception within the code itself rather than relying on equitable arguments.
For the original poster, I would focus on three potential avenues: First, examine if any of the refund offsets occurred within the last two years, which might create a separate claim for refund for those specific payments. Second, determine if the IRS made any computational errors in their original assessment (not just the taxpayer's reporting error), which can sometimes extend the limitations period. Third, pursue penalty and interest abatement aggressively through Form 843, as those have the highest likelihood of success based on the circumstances described. While recovering the original tax assessment from 2012 is unlikely, these other approaches might recover a meaningful portion of what was paid.
Could it be Form 8995 (Qualified Business Income Deduction)? Maybe a typo in their system? I got a similar notice once where they transposed some numbers. For your amended return - did you include any self-employment or business income by chance? Even something small could trigger their system to expect a Form 8995.
No self-employment at all - just a regular W-2 job. The amendment was only to claim some education expenses I forgot on the original filing (Form 8863 for education credits). Nothing business related whatsoever. I'm wondering if maybe the "8" in 8863 and the "95" from somewhere else got combined into "8895" in their system? Still doesn't really explain why they'd be asking for a form that doesn't exist though.
The combination of 8863 and some other form number accidentally creating 8895 is actually a really plausible explanation. The IRS's computer systems are ancient and glitches like this happen more often than they admit. Since your amendment involved education credits, another possibility is they might be looking for Form 8915 (which relates to retirement plan distributions, but sometimes these codes get mixed up). Or maybe even Form 8885 (Health Coverage Tax Credit). I'd definitely recommend calling back and specifically explaining you amended for education credits using Form 8863, and asking if that might be causing confusion in their system. Sometimes just mentioning the correct form can help the rep figure out what's happening.
Has anyone checked if this is a scam? There are a lot of fake IRS notices going around. Does the letter have the correct IRS watermarks and official formatting?
Good point! Real IRS notices have specific security features. The paper should have a watermark visible when held up to light. Also check if the letter has your last 4 SSN digits (scammers often don't have this). And NEVER call a phone number listed in a suspicious notice - always call the official IRS number instead.
The financial aid office might be more flexible than you think. My daughter's school initially asked for a specific tax form we couldn't find, but when I called and explained the situation, they told me exactly what alternative documentation they would accept. It's worth reaching out to them directly instead of assuming what they'll require.
This is good advice. Financial aid offices deal with this kind of thing all the time. My son's college accepted a signed statement explaining why we couldn't provide the exact document they requested, along with the tax transcript showing the amended information.
Just want to clarify something important - for FAFSA purposes, a "Tax Return Transcript" isn't your best option. What you actually need is a "Record of Account Transcript" which combines the tax return transcript and the account transcript in one document. This is the only transcript type that will show both your original return info AND the changes made by the 1040X amendment. You can request this same way as mentioned above through the "Get Transcript" tool on IRS.gov - just make sure to select "Record of Account Transcript" specifically.
Quick clarification for everyone - Schedule 1 "other income" (line 8) is for income that doesn't fit elsewhere on your tax return. Common examples include: - Jury duty pay - Gambling winnings - Prizes and awards - Hobby income - Canceled debts - Alaska Permanent Fund dividends Tips are considered wages and should NOT be included in "other income" regardless of whether they were reported to your employer or not. Unreported tips go on Form 4137, but they're still considered part of your wage income.
What about income from selling stuff on eBay or Facebook Marketplace? Does that count as "other income" on Schedule 1?
It depends on whether you're selling items as a business or just occasionally selling personal items. If you're regularly buying things to resell for profit, that's considered business income and should go on Schedule C, not as "other income" on Schedule 1. If you're just occasionally selling personal belongings (like cleaning out your closet), and selling them for less than you paid originally, you generally don't need to report it at all since there's no gain.
Anyone know if DoorDash/UberEats delivery tips count as regular tips for tax purposes? My brother said I need a different form for those...
StellarSurfer
For resellers specifically, here's what I include in my summary statement (I've been reselling for 5 years): - Item description (brief) - Date purchased - Purchase price - Date sold - Sale price - Platform fees - Shipping costs - Net profit I organize mine by month and include monthly totals. FreeTaxUSA accepted this format with no issues.
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Sean Kelly
ā¢Do you include things like gas expenses for going to thrift stores and yard sales on this same statement? Or are those tracked separately?
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StellarSurfer
ā¢I track those separately as business expenses rather than including them on the sales summary statement. The summary statement is specifically for showing your inventory's cost basis and sales prices. Transportation costs, supplies, platform fees, and other business expenses should definitely be deducted, but they belong in different sections of your tax return. I keep a separate spreadsheet for those business expenses categorized by type (transportation, office supplies, shipping materials, etc.).
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Zara Malik
I think everyone's overthinking this. I just made a simple Excel spreadsheet with my total sales for the year, my total cost of goods, and my profit margin. Uploaded that as a PDF to FreeTaxUSA and it was accepted no problem. Unless you're doing massive volume, the IRS isn't going to audit a small reseller for not having super detailed records.
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Luca Greco
ā¢This is terrible advice. The IRS absolutely can and does audit small businesses, especially with the new lower 1099-K thresholds. A summary statement needs to show your basis for claiming costs against specific income. If you get audited with just "total sales" and "total costs" with no breakdown, you're asking for trouble.
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