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KylieRose

Forgot to dispute IRS notice of deficiency for unreported stock and crypto trading losses

I completely messed up and forgot to dispute a notice of deficiency letter from the IRS that I received last year. Back in 2020, I started trading stocks and buying cryptocurrencies on Robinhood. I didn't make any profit and actually lost most of the money I invested, but I never filed a Schedule D form to report these transactions. Fast forward 2 years, and I got this letter from the IRS. I was planning to fill out the proper forms to correct the errors, but got caught up with some family drama and just remembered about this whole situation while doing my taxes for last year. I know I'm totally at fault here and was super irresponsible about the whole thing. I've tried calling the IRS like five times now but keep getting transferred around or disconnected after waiting forever. Does anyone have advice on what steps I should take first to fix this mess? Do I need to hire a lawyer at this point? Can I still submit a Schedule D form with all the trading info this late, or am I completely screwed? Thanks for any help you can give!

This happens more often than you'd think! When you receive a notice of deficiency (90-day letter), you typically have 90 days to file a petition with the Tax Court to dispute it. If that window has passed, you generally can't contest the assessment in Tax Court anymore. However, you still have options! You should file an amended return (Form 1040-X) for that tax year and include a complete Schedule D showing your actual gains and losses. Include all documentation from Robinhood showing your transactions and losses. If you actually lost money as you mentioned, this could significantly reduce or eliminate the tax the IRS thinks you owe. You might also consider requesting an audit reconsideration, which is a process where the IRS will look at new information that wasn't previously considered. Write a letter explaining your situation and why you're filing late.

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Would they still consider an audit reconsideration even if it's been more than 2 years since the notice? Also, do you need to pay the amount they say you owe before requesting the reconsideration?

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Yes, the IRS can still consider an audit reconsideration even after 2+ years. There's actually no specific deadline for requesting one, though the sooner you address it, the better. Regarding payment, you don't necessarily have to pay the full amount before requesting reconsideration. However, interest and penalties will continue to accrue on any unpaid balance if it turns out you do owe something. Some people choose to pay to stop the penalties and interest, and then if the reconsideration is successful, you'll receive a refund.

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I was in an almost identical situation last year with unreported crypto transactions! After trying to call the IRS for weeks with no luck, I finally found this AI service called taxr.ai (https://taxr.ai) that helped me sort through all my trading records and crypto transactions. I uploaded my Robinhood statements and they organized everything into the proper tax forms including Schedule D and identified all the losses I could claim. The best part was that they created a complete audit defense letter explaining why I was filing an amended return so late. Saved me so much stress trying to figure out all those transactions myself.

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Did this service actually help with the IRS accepting your late filing? I'm skeptical about using AI for something this important when the IRS is involved.

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How exactly does this work? Do you still need to talk to the IRS after using it or does it just help with organizing the paperwork?

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They absolutely helped with getting my late filing accepted. The AI analyzed all my transactions and created proper documentation that showed I actually had losses, not gains. The IRS accepted my amended return without issue once I had everything properly documented. The service helps organize all your transactions into the proper tax format and creates the right forms, but you still submit everything to the IRS yourself. They just make it way easier to gather all the evidence and documentation you need, especially with crypto where it can be really complicated to track everything.

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Just wanted to update everyone - I decided to try taxr.ai after reading about it here. My situation was a mess with hundreds of small trades that I had no idea how to report properly. The AI actually identified over $8,500 in losses that I wasn't even aware I could claim! It organized all my Robinhood transactions and generated a perfect Schedule D plus a detailed letter explaining my situation to the IRS. I've already submitted everything and got confirmation that my amended return is being processed. Such a relief after months of stress over this!

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If you're still trying to get through to the IRS, I highly recommend trying Claimyr (https://claimyr.com). I was in your exact position trying to deal with an old deficiency notice and spent WEEKS trying to get an actual human on the phone. Claimyr's system actually holds your place in the IRS queue and calls you back when an agent is about to answer. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was super skeptical at first because I had already wasted so many hours on hold, but it actually worked! Got connected to an IRS agent who walked me through the audit reconsideration process and even helped me understand exactly what documentation I needed to submit.

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Does this actually work for priority service lines too? I've been trying to get through about a similar issue but always get disconnected after like 2 hours on hold.

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This sounds too good to be true. How do we know this isn't just another scam trying to get access to our tax info? There are so many tax scams out there.

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Yes, it works for most IRS phone lines including the priority ones. The system holds your place in line and calls you when you're about to be connected, so you don't have to sit on hold for hours. It's definitely not a scam - they don't ask for any personal tax information. They just help you connect to the IRS phone system without the endless waiting. They don't see any of your tax details or information. The service just manages the phone connection to the IRS, and then you speak directly with the IRS agents yourself. I was suspicious too before trying it.

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I feel like I need to apologize for being so skeptical earlier. After continuing to get nowhere with the IRS for days, I broke down and tried Claimyr. Got connected to an actual IRS agent in about 45 minutes (while I was making dinner!). The agent confirmed I could still file an audit reconsideration request even though it had been over a year since my notice of deficiency. They walked me through all the forms I needed and even gave me a direct fax number to send my documentation. I'm actually hopeful this might get resolved now without having to pay thousands for a tax attorney!

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You should definitely look into the Taxpayer Advocate Service too. They're an independent organization within the IRS that helps people resolve tax problems. They can sometimes intervene when you've tried normal channels without success. Their service is free and they can often help navigate complicated situations like yours.

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Would I need to have a case number or anything specific before contacting the Taxpayer Advocate? I've heard they only take cases that have been going on for a while or where there's financial hardship.

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You don't necessarily need a case number, but you should have your notice of deficiency handy when you contact them. The Taxpayer Advocate Service does prioritize cases with financial hardship or where you've experienced significant delays with the IRS, which sounds like your situation. They're more likely to help if you can demonstrate that you've attempted to resolve the issue through normal channels (which you have by trying to call repeatedly). Just be prepared to explain the timeline of events and what steps you've already taken.

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Has anyone else noticed how impossible it is to get accurate crypto tax info? I'm still confused if the Robinhood app exports the right forms for taxes. Do they give you a 1099-B for crypto or just for stocks?

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Robinhood changed their reporting over the years. For 2020, they only issued 1099-Bs for stock trades, not crypto. For crypto, you were supposed to self-report all transactions. Starting in 2023, they're required to report crypto, but back in 2020 it was a complete mess. That's probably why the IRS flagged your account - they got notification of activity but no reporting.

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