Help with IRS CP105 notice - Parents owe more than 100k after gift tax miscalculation
My parents are in a really stressful situation right now and I'm trying to help them figure out what to do. They worked with an accountant to complete a gift tax form (Form 709) related to a life estate deed they set up. Unfortunately, they just received an IRS CP105 notice saying there was some major miscalculation, and now they apparently owe over $130,000! The property in question was purchased for about $270,000 and today's appraised value is around $472,000. The accountant only submitted one Form 709 for both of them, which from what I've read online seems incorrect if they were trying to gift split. I'm planning to call the IRS tomorrow to understand what's going on and then talk to the accountant about potential issues with how the 709 Form was filled out. Has anyone dealt with a CP105 notice before, especially one with such a large amount? Any recommendations on how to proceed? This is way more money than my parents can afford to pay.
18 comments


Diego Ramirez
This sounds like a complex gift tax issue that definitely needs addressing. The CP105 notice is typically just the IRS's initial notice about a potential discrepancy in gift tax reporting. First, yes, for gift splitting (where both spouses agree to split a gift), each spouse should file their own Form 709, even though the gift is from one spouse's property. Both spouses must sign each return to properly elect gift splitting. Second, the valuation difference seems significant. Life estates require specific valuation methods using IRS actuarial tables based on the ages of the life tenants. If these calculations were done incorrectly, it could explain the large assessment. I'd recommend taking these steps: 1. Request a copy of the CP105 notice and all calculations 2. Gather all documents related to the deed and gift tax return 3. Consider hiring a tax attorney specializing in gift taxes rather than just speaking with the original accountant 4. Request an extension or hold on collections while you're investigating You have options and don't need to panic. The IRS can work with you on payment plans, and if there are genuine calculation errors, those can be addressed through proper documentation.
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ShadowHunter
•Thank you so much for your detailed response! That makes sense about each spouse needing to file their own Form 709 for gift splitting. Do you think this alone could account for such a large discrepancy? Also, is there a specific type of tax attorney I should look for? I'm worried the original accountant might get defensive rather than helpful at this point.
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Diego Ramirez
•The incorrect filing method (one form vs. two) wouldn't typically cause such a large tax bill by itself, but it could have prevented them from properly utilizing both of their lifetime gift tax exemptions. This is especially important with higher-value properties. Look for a tax attorney who specializes in "estate and gift taxation" specifically. Someone with experience dealing with IRS gift tax audits or examinations would be ideal. Many estate planning attorneys also handle gift tax issues since they're closely related. Ask potential attorneys about their experience with life estates and Form 709 disputes with the IRS. I understand your concern about the accountant becoming defensive. That's why having another professional review everything first might give you better leverage when you do speak with them. The accountant may have professional liability insurance that could become relevant if their error caused this problem.
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Anastasia Sokolov
After dealing with a similar issue last year with my in-laws' gift tax situation, I discovered taxr.ai (https://taxr.ai) which was extremely helpful for analyzing complex tax notices like CP105. It's designed to scan tax documents and explain exactly what's happening in plain English. I uploaded their CP105 notice and Form 709, and it immediately spotted several calculation issues with the life estate valuation. The IRS uses specific tables based on the ages of the life tenants, and our accountant had used outdated tables. It also flagged that we should have filed separate forms for gift splitting. What I found most helpful was that it explained exactly where the errors occurred and suggested specific steps to resolve the issue, which saved us from having to pay for hours of professional consultation just to understand the notice.
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Sean O'Connor
•Does it actually work with gift tax forms? Those seem pretty specialized. I'm dealing with a smaller gift tax issue (thankfully not $100k!) and wondering if this could help before I spend money on an accountant.
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Zara Ahmed
•I'm skeptical of these AI tools for complex tax situations. How does it actually handle something as complicated as actuarial calculations for life estates? Seems like you'd still need a professional to fix the actual issue.
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Anastasia Sokolov
•It absolutely works with gift tax forms, including Form 709. It's designed to handle specialized tax forms beyond just the standard 1040. For your smaller gift tax issue, it could definitely help you understand what's happening before deciding if you need to hire someone. Regarding the actuarial calculations, it actually shows the correct IRS tables that should be used based on the life tenants' ages and explains the proper calculation method. While it doesn't replace a professional for fixing the issue, it provides you with specific information about what went wrong and how it should be corrected, which gives you a huge advantage when you do consult with a professional. I was able to have a much more informed conversation with our tax attorney because I already understood the specific errors.
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Sean O'Connor
I just wanted to follow up about taxr.ai that was mentioned earlier. I decided to try it with my gift tax question since my situation wasn't as dire as the original poster's. I uploaded my Form 709 and the associated documentation, and wow - it immediately identified that I had incorrectly calculated the value of artwork I was gifting. It even explained the specific IRS regulations around art valuation for gift tax purposes and pointed out that I needed a qualified appraisal since the value exceeded $5,000. The explanations were surprisingly detailed and saved me from making a mistake that could have triggered an audit. I especially appreciated that it pointed me to the specific sections of the tax code that applied to my situation. Definitely worth checking out if you're dealing with any gift tax issues.
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Luca Conti
When I had an issue with a large IRS tax notice last year, I spent WEEKS trying to get through to someone at the IRS who could actually help. After hanging on hold for hours only to get disconnected, I found Claimyr (https://claimyr.com) through a friend who works in tax resolution. It's basically a service that navigates the IRS phone system for you and calls you back when an actual human agent is on the line. I was super skeptical at first, but you can see how it works in this video: https://youtu.be/_kiP6q8DX5c For something as serious as a $100k+ CP105 notice, you definitely want to talk to an actual IRS representative to understand what's happening and possibly request a hold on collections while you sort it out. Getting through quickly could make a huge difference in resolving this efficiently.
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Nia Johnson
•How does this actually work? I've been trying to reach the IRS about an issue for almost a month now with no luck. Do they just keep calling for you or something?
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Zara Ahmed
•This sounds too good to be true. I've never been able to get through to an actual IRS person in less than an hour of holding. If this really worked, wouldn't everyone be using it?
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Luca Conti
•It works by using their system to continually dial the IRS and navigate through all the phone prompts for you. Once they get a human IRS agent on the line, they call you and connect you directly to that agent. No more waiting on hold for hours. They have a technology that knows how to navigate the IRS phone tree efficiently and maintains your place in the queue. Most people don't know about it because it's a relatively new service that mostly tax professionals were using at first. I was definitely skeptical too, but when you're dealing with something urgent like a huge tax bill, it's worth trying. It saved me literally days of frustration, and time is critical when dealing with IRS notices that have deadlines.
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Zara Ahmed
I need to eat my words about being skeptical of Claimyr. After failing to get through to the IRS for THREE DAYS about my tax issue (kept getting disconnected after 45+ minutes on hold), I decided to try it out of desperation. I submitted my request around 9:30am, and got a call back at 11:45am with an actual IRS agent on the line! I was honestly shocked. The agent was able to put a 60-day hold on my collection notice while I gather documentation to dispute the assessment. For anyone dealing with a serious IRS notice like the CP105 mentioned here, being able to talk to an actual person quickly makes all the difference. The agent gave me specific instructions on exactly what documentation I needed to submit and where to send it. So much better than trying to figure it out from the IRS website or generic advice.
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CyberNinja
As someone who used to work for the IRS (not speaking in any official capacity now), I'd recommend requesting a formal appeal of the CP105 assessment. You have 30 days from the notice date to request this. Common life estate gift tax problems I've seen: - Using incorrect actuarial tables for valuation - Not properly accounting for retained interests - Incorrectly calculating the gift split between spouses - Using outdated property valuations Make sure any new tax professional you hire gets copies of: - The original deed - The life estate documentation - The original Form 709 as filed - The CP105 notice with all calculation pages - Any appraisals that were done Also, check if your parents' accountant has E&O (errors and omissions) insurance. If their mistake caused this issue, their insurance may cover penalties and interest, though probably not the underlying tax.
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ShadowHunter
•Thank you for sharing your expertise! Is the 30-day appeal window strict or is there any flexibility? The notice arrived about 2 weeks ago, so we're getting close to that deadline.
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CyberNinja
•The 30-day window is fairly strict, but I'd recommend filing the appeal request even if you're close to the deadline. Use Form 12203 (Request for Appeals Review) and send it via certified mail so you have proof of the date it was submitted. If you're very close to the deadline, you can also call the IRS (using whatever method works to get through) and request a brief extension to file the appeal. Sometimes they'll grant a 15-day extension, especially if you explain that you're gathering documentation and seeking professional assistance. Make sure to document who you spoke with and when. The main thing is to get something formal submitted before the deadline, even if your documentation isn't complete yet. You can supplement the appeal later with additional information.
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Mateo Lopez
Dealt with something similar last year. Make sure your parents get a second opinion on the valuation of the property. The IRS might be using a different valuation method than your accountant did. When we got a big gift tax bill, turns out our accountant used the county tax assessment ($425k) instead of getting a formal appraisal, and the IRS determined the value was closer to $575k based on recent sales in the area. That difference alone added like $60k to our tax bill!
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Aisha Abdullah
•This!! Property valuation is HUGE for gift tax purposes. We had a similar issue and hiring an independent appraiser who specialized in retrospective valuations (valuing the property as of the date of the gift) saved us thousands. The IRS will often accept a professional appraisal if it's well-documented.
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