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For your college assignment, don't forget about the passive activity loss limitations on Schedule E. This is something that often trips up students (and sometimes even professionals!). If your fictional taxpayer has a loss from the rental property, they might not be able to deduct the full amount depending on their income level. For 2017 specifically, if their modified adjusted gross income was under $100,000, they could deduct up to $25,000 of rental losses. This deduction phases out between $100,000-$150,000 of MAGI. If they made over $150,000, generally they couldn't deduct any losses that year (they'd be carried forward instead).
Thank you for mentioning this! My fictional taxpayer has an AGI of $123,000, so they'd be in that phaseout range. How exactly do I calculate the deductible portion of the $7,500 rental loss in this case? Is there a specific worksheet in the instructions?
For an AGI of $123,000, you're right in the middle of the phaseout range. The calculation is pretty straightforward: you lose $0.50 of the $25,000 maximum deduction for every $1 over $100,000. So take $123,000 - $100,000 = $23,000 over the threshold. Multiply that by 0.5 = $11,500 reduction. This means your maximum deduction would be $25,000 - $11,500 = $13,500. Since your loss is only $7,500, you can deduct the entire amount because it's less than your modified maximum. Form 8582 is where you'd calculate this for a real return, but for your assignment, just showing this calculation should be sufficient unless your professor specifically required Form 8582 as part of the project.
Just wondering, what tax software are you using for this assignment? When I took my tax class we used an older version of TaxAct that the school provided, but it was super glitchy with the 2017 forms.
Our professor had us use the free fillable PDFs from the IRS website for older tax years. Way less headache than dealing with outdated software! You can still download the 2017 forms and instructions directly from irs.gov/prior-year
When I did my OIC last year, I had the exact same confusion. The calculator was saying I owed based on money I needed for rent and utilities! I ended up getting help from a tax advocate who explained that there's a big difference between the simplified online calculator and the actual OIC process. Here's what worked for me: I attached a detailed document to my OIC application that broke down all my monthly expenses with supporting documentation (copies of bills, rent statements, etc.) Then I explicitly calculated my exempt amount ($1,000 + monthly expenses) and showed how my bank balance was below that threshold. My OIC was accepted with this approach, even though the online calculator had suggested I owed more. The IRS reviewers do understand this concept, but you need to spell it out clearly in your application.
That's really helpful! Did you use a specific form for that detailed expense breakdown or did you just create your own document to attach? And did you have to get anything notarized or officially verified?
I created my own spreadsheet that listed each expense category (housing, utilities, food, transportation, etc.) with the monthly amount and annual total. I didn't get anything notarized, but I did include recent statements for everything - utility bills, bank statements showing rent payments, etc. I also wrote a cover letter explaining my financial hardship situation and specifically referenced IRM 5.8.5.22 (the Internal Revenue Manual section that covers the bank account exemption). The tax advocate told me that making it easy for the reviewer to verify your information greatly increases your chances of approval.
Has anyone actually had an OIC accepted recently? I've heard the IRS has gotten much stricter since COVID and is accepting fewer offers.
I had mine accepted about 3 months ago. The acceptance rate is lower, but that's largely because people submit incomplete or inaccurate applications. If you document everything thoroughly and calculate your offer correctly, you've still got a good chance.
Something important nobody's mentioned yet - if you've filed for bankruptcy, there's a waiting period before the IRS will consider an Offer in Compromise. I think it's around 12 months after your bankruptcy is discharged, but double-check that. Also, before approaching the IRS, make sure ALL your tax returns are filed, even if you can't pay what you owe. The Fresh Start Program won't even be an option if you have unfiled returns. They'll just tell you to file first before discussing any payment options.
That's really good to know - my bankruptcy was discharged about 14 months ago, so sounds like I should be past that waiting period. I do have one tax return I haven't filed yet because I knew I'd owe and couldn't pay. Should I get that filed ASAP before contacting them about the Fresh Start options?
Yes, absolutely file that outstanding return immediately. The IRS won't even discuss resolution options until you're in compliance with all filing requirements. Even if you can't pay what you owe, getting the return filed is the necessary first step. Think of it this way - the IRS sees unfiled returns as someone trying to hide or avoid their obligations entirely, while someone who files but can't pay is at least being transparent about their situation. Once you've filed everything, then you can approach them about payment options through the Fresh Start program with a much better chance of success.
One thing to consider with the Fresh Start Program - if you go the Offer in Compromise route, they'll want to see that you've exhausted other options first. Like getting a loan from family, using available credit, or selling assets. I made the mistake of submitting an OIC without thoroughly documenting why I couldn't pay through other means. Got rejected and had to restart the whole process. Make sure you can clearly demonstrate financial hardship.
Just an FYI - when entering multiple 1099-Rs in TurboTax, make sure you enter them one at a time completely. Don't try to combine them, even if they're from the same financial institution. Each form needs to be entered separately because they'll have different distribution codes, different withholding amounts, and possibly different exception qualifications. Also, check if you qualify for the "medical insurance premiums for unemployed individuals" exception to the 10% penalty. Since you mentioned being unemployed and paying for insurance, you might qualify for this exception on at least part of your distributions.
Thanks for the tip about entering them separately! Do you know if TurboTax will automatically ask me about the medical insurance exception, or do I need to look for that specifically somewhere?
TurboTax should ask you about exceptions after you enter each 1099-R form. When it asks about the distribution code (Box 7), it will then follow up with questions about your situation. If you indicate you were unemployed, it should specifically ask if you used any of the money for health insurance premiums. If it doesn't automatically prompt you, look for a section called "Exceptions to Tax Penalties" or something similar after entering your 1099-R information. Make sure you have documentation of your insurance premium payments during your unemployment period, as you'll need this if you're audited.
Has anyone used TurboTax's live expert feature for this kind of situation? I'm wondering if it's worth paying extra to have a tax expert review this.
I used it last year for a similar retirement withdrawal situation. The expert was helpful in confirming I qualified for an exception to the penalty since I was using the money for health insurance during unemployment. For complex situations like multiple 1099-Rs with no W-2s, I'd say it's worth the extra cost for the peace of mind.
Harper Collins
Have you tried contacting the Taxpayer Advocate Service? They're an independent organization within the IRS designed to help taxpayers who are experiencing hardship or having problems that haven't been resolved through normal IRS channels. Their number is 877-777-4778. They might be able to help escalate your issue, especially if you're facing a deadline.
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Kelsey Hawkins
ā¢The Taxpayer Advocate Service is practically useless these days. I tried contacting them for help with an identity theft issue and they told me they're so backlogged they're only taking "extreme hardship" cases. Apparently owing the IRS $9,000 I don't actually owe isn't "extreme" enough lol.
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Harper Collins
ā¢That's disappointing but unfortunately not surprising. Their resources have been stretched thin over the past few years. For identity theft cases specifically, the IRS has a specialized unit you can contact directly at 800-908-4490. They handle cases where someone filed a fraudulent return using your information. For the incorrect tax debt situation, you might need to send a formal written dispute with certified mail. It's slower but creates an official record of your dispute that's harder for them to ignore. The key is to explicitly state the economic hardship the incorrect assessment is causing you - using those specific terms can help get your case prioritized.
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Dylan Fisher
If you're having trouble with the IRS website, have you considered using a different browser or clearing your cache? Sometimes their site has weird compatibility issues. Also double check that you're on the official irs.gov site and not some spoofed version. There are a ton of scam sites that look like the IRS.
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Edwards Hugo
ā¢This isn't a browser issue, it's the IRS being understaffed and overwhelmed. No amount of clearing cache is going to make them respond to a submitted ticket faster š
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