


Ask the community...
Another approach worth considering - check if your state has a board that regulates tax preparers (like California's CTEC or Oregon's Board of Tax Practitioners). Many states have specific regulations about tax preparation conduct. A complaint to the state board could potentially result in disciplinary action if the preparer violated professional standards by sharing confidential information without proper safeguards or subcontracting without disclosure. Also, did you have a written contract with this preparer? The details of your agreement would significantly impact your options. If there's no written contract, you might be looking at a more challenging claim based on verbal agreement and evidence of the work completed.
I do have email correspondence outlining the scope of work and agreed payment terms, but not a formal signed contract. She sent me spreadsheets tracking which returns I completed and amounts owed, which I've saved. Would these be sufficient documentation for a small claims case? I'm in Texas, which I believe doesn't have a specific tax preparer regulatory board, but I'll definitely look into state-specific options.
Email correspondence can absolutely serve as documentation of your agreement, especially if it clearly outlines the work to be done and the payment terms. Those spreadsheets tracking completed returns will be particularly valuable evidence. For small claims court in Texas, you'd want to compile all communications about the work, evidence that you completed the work (like submission confirmations or acknowledgments from her that she received the completed forms), and documentation of any partial payments already made. Texas small claims (Justice Court) has a limit of $20,000, so your claim would fit well within their jurisdiction.
Just want to mention something important - be careful about how you handle those EINs and PTINs you still have access to. Improper use of that information could potentially create liability for you, even if you're the wronged party here. I'd recommend documenting that you have this information but not using it in any way that could be seen as leveraging confidential information. Delete any copies once your dispute is resolved.
Really good point. Maybe OP should start by sending a message formally stating they still have access to all these sensitive business details through the shared drive and requesting guidance on proper deletion once payment is received? That creates a paper trail showing they're trying to handle the info responsibly.
My understanding is that there are some rare exceptions to the 90-day deadline for Tax Court petitions. I think they're called "equitable tolling" situations. If you had some extraordinary circumstance like being in the hospital or deployed in the military, it might be worth mentioning that in a follow-up to the Tax Court.
That's interesting. I didn't have any extreme circumstances like that though. Just poor planning and procrastination on my part unfortunately. Do you know if the IRS ever just "forgives" these situations if I explain it was an honest mistake?
The IRS generally doesn't "forgive" missed deadlines just because it was an honest mistake. They hear that all the time. If it was truly just procrastination, you'll need to follow the pay-first-then-claim-refund route the others mentioned. However, there was actually a recent Supreme Court case (Boechler v. Commissioner) that established equitable tolling could apply for certain tax deadlines, though that was for Collection Due Process cases, not deficiency notices. Still, tax law continues to evolve on these issues.
Has anyone dealt with amended returns being processed during this type of situation? I filed an amended return like OP did and I'm wondering how long it typically takes the IRS to process those compared to regular returns?
In my experience, amended returns are taking FOREVER right now - like 6+ months. I filed one in April and it's still "processing" according to Where's My Amended Return tool. But that's separate from the Tax Court deadline issue. The amended return won't stop the deficiency assessment if you missed the petition deadline.
Something else to keep in mind - if you're claiming property tax deductions, make sure you're only deducting the actual tax portion and not any fees, penalties, or interest that might be included in your payment. Those other charges aren't deductible as property taxes. I learned this the hard way when I got audited a few years back. My county lumps everything together in the payment, but technically only the tax itself counts toward the property tax deduction.
Is there an easy way to separate these out? My property tax bill has the base amount plus like 4 different "special assessments" for things like schools and flood control. Are those considered part of the deductible property tax?
Generally, special assessments for schools, flood control, and similar public improvements are deductible as property taxes as long as they're based on the assessed value of your property and apply to all properties in the jurisdiction. However, special assessments for local benefits that increase the value of your property (like sidewalks, streets, or water/sewer lines specifically for your neighborhood) are not deductible as taxes. The easiest way to separate these is to look at your property tax statement - it should itemize the different charges. If you're using tax software, it will usually ask you to enter only the deductible portions. Or if you work with a tax professional, they'll know how to properly categorize each item.
Has anyone noticed if property tax deductions are even worth it anymore with the higher standard deduction? I paid about $9,000 in property taxes last year plus maybe $4,000 in state income tax, but my mortgage interest has dropped so much that I'm still better off with the standard deduction ($25,900 for married filing jointly).
It really depends on your total itemized deductions. Remember that itemizing includes property taxes, state/local income taxes (capped together at $10k), mortgage interest, charitable contributions, and some medical expenses. If all those combined exceed your standard deduction, then itemizing is worth it. But you're right that the higher standard deduction has made itemizing less beneficial for many homeowners.
Just wanted to add something important that hasn't been mentioned yet. When you're dealing with after-tax funds in a SEP IRA that were never reported, you need to be careful about the statute of limitations. Generally, the IRS has 3 years to audit your returns, but this can be extended in certain situations. In your case, since these contributions weren't reported at all, you might want to consult with a tax professional about any potential risks before proceeding with the conversion. Also, make sure you have documentation of those original contributions from 7 years ago - bank statements showing the transfers to the SEP, etc. The more documentation you have to support your claim that these were after-tax contributions, the better off you'll be if there are any questions.
Thanks for bringing this up - I hadn't considered the statute of limitations angle. Do you think filing the Form 8606 now for those old contributions might trigger some kind of review of those past tax years?
Filing Form 8606 now for old contributions typically doesn't automatically trigger an audit, but it does put those years on the IRS's radar. The good news is that you're trying to comply with the rules by properly documenting your basis in the IRA, which looks better than if they discovered the unreported contributions some other way. The key is documentation - make sure you have records of all those contributions and be prepared to show they were made with after-tax dollars. If you're concerned, working with a tax professional who specializes in IRA issues might be worth the investment to ensure everything is handled properly and to help respond if the IRS does have questions.
Has anybody considered that the OP could potentially benefit from the losses in the SEP IRA? If the original contributions were $60k and current value is $38k, that's a significant loss. While you can't typically deduct IRA losses, if you liquidate ALL your IRAs (of the same type) and the total distribution is less than your basis, you might be able to claim the loss as a miscellaneous itemized deduction subject to the 2% AGI floor. Though I believe this was suspended under the TCJA until 2026.
This is incorrect information. The Tax Cuts and Jobs Act eliminated the deduction for IRA losses completely through 2025. Even before that, claiming such losses was extremely difficult and rarely beneficial due to the AGI limitations. Please don't give tax advice if you're not certain - it could cause serious problems for the OP.
Miguel Ramos
Another option to consider - if your stepchild is important to your business and you want those tax benefits, you could legally adopt them. I did this with my stepdaughter years ago, and besides the emotional benefits, it does qualify them for the same tax treatment as biological children. Obviously adoption is a big decision that shouldn't be made for tax purposes alone, but if you're already thinking about it for family reasons, it's an added benefit.
0 coins
Amara Chukwu
ā¢That's interesting - I hadn't considered the adoption angle. We've actually talked about it before for family reasons, but I didn't realize it would also have this tax benefit. Do you happen to know how complicated the adoption process is for a stepchild? I'm guessing it's simpler than other adoptions.
0 coins
Miguel Ramos
ā¢Stepchild adoption is generally much simpler than adopting a non-related child. The biggest hurdle is usually getting consent from the other biological parent, if they're still in the picture and have parental rights. In my case, the biological father had been out of the picture for years, so it was fairly straightforward. The process typically involves a home study, filing adoption papers with the court, and a hearing. Costs vary by state but are often lower for stepparent adoptions - ours was about $1,500 total including attorney fees.
0 coins
Zainab Ibrahim
Has anyone considered just setting up an LLC taxed as an S-Corp and putting both yourself and your stepchild as shareholders? Might be a workaround for this whole issue and could have other tax advantages.
0 coins
Giovanni Conti
ā¢That's actually not a great solution for this specific issue. Even with an S-Corp structure, payments to shareholders that are related to services performed are still considered wages subject to employment taxes. The IRS is pretty strict about ensuring reasonable compensation is paid for work performed. Additionally, there are restrictions on how S-Corp stock can be issued, especially to minors, and the administrative burden of maintaining an S-Corp is significant. For most small businesses, the cost and complexity of setting up and maintaining an S-Corp just to try to work around this rule would far outweigh any potential tax benefits.
0 coins