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Amina Sow

Can I still resolve a 2012 tax issue with the IRS after all this time?

I'm dealing with a nightmare tax situation from 2012 that I just finally figured out. Back then, I had a small stock account my parents set up that I rarely touched. In 2012, the broker moved/sold about $16K in stocks resulting in only about $160 in actual profit. I filed everything like normal using the 1099-B forms I received. Fast forward a few months after filing, and I got a letter saying I owed $5,800 in unreported taxes! I had just had a baby and was overwhelmed, so I honestly just panicked and didn't deal with it properly. I was so confused and scared that I stopped filing taxes from 2013-2018 because I was worried they'd take my child tax credit money that I desperately needed. In 2019, I finally decided to get my life back on track and figure this mess out. For the past 5 years, the IRS has been taking my child tax credits and refunds, occasionally giving me a few hundred dollars back which just added to my confusion. My IRS online account always showed a zero balance with no notices explaining why money was being taken. After years of trying to figure this out, I finally discovered the problem this morning. Apparently in 2011, the IRS created a new form (Form 8949) where you need to add additional details about stock transactions. Since I didn't know about this form requirement, I only filed the standard 1099-B. The IRS assumed I owed taxes on the ENTIRE $16K stock value instead of just the $160 profit, which is why I got hit with that $5,800 tax bill. At the time, I was only making about $16K in income per year at a nonprofit. I called the IRS and they're going to refund the failure to pay penalties (about $1,500), and they suggested I submit Form 843 for interest charge abatement (around $1,900). They told me 2012 is outside the statute of limitations, but I want my taxes filed correctly and would really love to get that original $5,800 back that I never should have owed as a low-income person. Besides filling out Form 843, writing a letter, filing my back taxes, and trying to amend my 2012 return, is there anything else I can do? Is it even worth trying? This feels so unfair - I'm not trying to commit fraud, I was just struggling financially and didn't understand tax requirements. I've never owned a home or had complicated taxes beyond my basic income. Any advice would be so appreciated!

GalaxyGazer

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This is unfortunately a common problem with stock transactions, especially around the time when Form 8949 was introduced. Here's what you should know: For the $5,800 tax assessment from 2012, you're facing an uphill battle because the statute of limitations for tax refunds is generally 3 years from the filing date or 2 years from when you paid the tax (whichever is later). Since it's been well beyond that period, getting the original amount back will be very difficult. However, your approach to pursue penalty abatement through Form 843 is exactly right. The IRS has authority to abate penalties for "reasonable cause," and your situation - not understanding a new form requirement while dealing with a new baby and limited income - presents a compelling case. Make sure to document your circumstances thoroughly in your letter. For the interest charges, those are typically harder to get abated since they're considered compensation for the government's time without the funds, but it's still worth trying based on your circumstances. Most importantly, make sure you've filed all your back taxes from 2013-2018 to get completely current with the IRS. This demonstrates good faith and compliance going forward.

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Oliver Wagner

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Do you think OP should try submitting an Offer in Compromise instead? Especially since they were low income when all this happened? I've heard the IRS has "Fresh Start" programs for taxpayers in financial hardship.

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Amina Sow

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Thank you for explaining this so clearly. I'm disappointed about the statute of limitations, but I understand the situation better now. I've already started gathering all my documents for the back tax filings from 2013-2018, and I'll make sure to be extremely detailed in my Form 843 letter about my circumstances. I'm a little confused about one thing though - since I technically paid all of the original $5,800 (through them taking my refunds over multiple years), wouldn't the 2-year rule apply from my most recent payment? Or does it not work that way?

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GalaxyGazer

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The 2-year rule applies from the date you paid the tax, but it gets complicated with offsets from refunds across multiple years. Generally, the date of "payment" for each offset is considered the due date of the return that generated the refund being offset. So if your last refund offset was from your 2019 tax return (filed in 2020), the 2-year period would have started then but would still be expired now. Regarding an Offer in Compromise - that's typically for unpaid tax debts. Since you've already paid this debt (albeit through offsets), an OIC wouldn't apply to your situation. Your best approach is the Form 843 for penalty and interest abatement.

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I had a similar experience with stock reporting issues! After multiple failed attempts to resolve it on my own, I finally tried taxr.ai (https://taxr.ai) and it was a game-changer. Their system analyzed my old tax documents, identified exactly where the reporting errors occurred, and helped me draft a perfectly worded abatement request. The difference was that they have AI that specifically understands stock transaction reporting errors and Form 8949 issues. It caught things I never would have noticed, like basis calculation errors that were actually in my favor. They also found IRS procedural errors in my case that strengthened my abatement request significantly. Before using them, I spent countless hours on hold with the IRS getting nowhere. With taxr.ai, I uploaded my documents, got a detailed analysis, and had a clear action plan within a day.

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How does it actually work though? I'm dealing with a similar issue from 2016 where I apparently misreported some stock sales. Do you just upload your old tax docs and it figures everything out? What if I don't have all my original forms?

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Emma Thompson

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Sounds a bit too good to be true honestly. The IRS doesn't just hand back money outside the statute of limitations because some website tells them to. Did they actually get you money back from beyond the 3-year window??

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You upload whatever tax documents you have - old returns, IRS notices, 1099s, etc. Their system is designed to work with incomplete information and can often reconstruct your tax situation from what's available. In my case, I was missing some of my original 1099-B forms, but they were able to work with what I had plus my IRS account transcript. As for getting money back beyond the statute of limitations, you're right that it's normally very difficult. What made the difference in my case was that they identified a procedural error by the IRS in how they calculated my original tax liability. This created an exception to the normal limitations period. I'm not saying everyone will have that specific situation, but they found something I never would have discovered on my own.

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Emma Thompson

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Just wanted to follow up about my experience with taxr.ai that I was skeptical about. I decided to try it with my old stock transaction issue after all my efforts failed, and wow... I was wrong to doubt it. Their analysis found that the IRS had made a calculation error when determining my tax liability, which actually extended the statute of limitations in my specific case. They walked me through exactly how to document this in my request to the IRS, with specific references to tax code provisions I never would have known about. The IRS actually approved a partial refund for the amount that was incorrectly calculated! Not the full amount, but about 60% of what I paid, which I never thought I'd see again. What really impressed me was how their system laid out exactly where the stock basis reporting errors happened and provided side-by-side comparisons of what was reported versus what should have been reported. Made it super clear even to someone like me who gets lost in tax jargon.

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Malik Davis

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After seeing your post, I wanted to share my experience using Claimyr (https://claimyr.com) to actually speak with an IRS agent about a very similar issue. I was facing an old tax bill from stock transactions where the IRS claimed I owed way more than I actually did, and I couldn't get through to anyone at the IRS for months. Claimyr's service connected me to an actual IRS agent within about 20 minutes when I had been trying for weeks on my own. Being able to speak directly with someone who could look at my account details made all the difference. The agent helped me understand exactly what documentation I needed to submit to prove my case and even flagged my account with notes about our conversation. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c - it's basically a service that navigates the IRS phone tree for you and calls you back when an actual human agent is on the line.

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How do they actually get through when no one else can? The IRS phone lines are notoriously jammed. Is this even legit or just another scam trying to get access to tax info?

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StarStrider

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I don't believe this would help with the original issue. If the statute of limitations has expired, talking to an agent won't change the laws. Waste of time in my opinion.

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Malik Davis

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They use a specialized system that continuously calls and navigates the IRS phone tree until it gets through to an agent. It's completely legitimate - they don't ask for any of your personal tax information. They just connect the call and then you speak directly with the IRS agent yourself. I was skeptical too at first, but it's just a calling service, not someone who accesses your tax info. As for whether it helps with statute of limitations issues - you're partially right, but speaking with an agent can reveal options you didn't know existed. In my case, the agent identified that part of my assessment qualified for an exception to the normal statute of limitations because of how it was processed in their system. I would never have known that without the conversation.

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StarStrider

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I need to eat my words from my previous comment. After struggling with a similar IRS issue for months, I broke down and tried Claimyr (that callback service) out of desperation. I was 100% convinced it would be a waste of time for my statute of limitations issue, but I was wrong. The IRS agent I spoke with (after getting connected in about 35 minutes) reviewed my account history in detail and discovered something crucial - some of my payments were miscoded in their system. Because of this coding error, a portion of my case actually fell under a different limitations rule that gave me more time to claim a refund. The agent walked me through exactly which forms to file and what documentation to include, with specific notes added to my account about our conversation. I submitted everything last month and just received confirmation that about $3,200 of my $7,500 overpayment will be refunded. I'm still shocked this worked. Being able to have a real conversation with someone who could thoroughly review my account history made all the difference. The agent spent nearly 45 minutes going through everything line by line - something that never would have happened through written correspondence.

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Ravi Gupta

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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.

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Amina Sow

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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.

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Ravi Gupta

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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.

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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.

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Omar Hassan

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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.

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Omar Hassan

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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.

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