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Jasmine Hernandez

Need Advice on IRS Notice of Deficiency - Waiver for Incorrect IRA Contribution

I'm at my wit's end trying to help my mom and dad with this IRS mess. We received a IRS proposed amount due of $1,798 ($1,685 tax owed + $113 interest) all because of a messed up IRA contribution. Basically, my parents wanted to contribute to their 2019 tax year, but the bank somehow put it toward 2020 instead. Our accountant apparently reported on their taxes that they contributed to 2019, but that wasn't correct because the bank screwed everything up. We finally got our bank to admit their mistake (after LOTS of phone calls and arguing). Our accountant had us send in the response form rejecting the proposed amount plus a statement explaining why we disagreed with the assessment. The bank supposedly sent corrected forms directly to the IRS, but they never sent us copies of the 2019 corrected forms, which I think is where things went wrong. Just today, we got hit with a second letter from the IRS - a "Notice of Deficiency proposed increase in tax and notice of your right to challenge." The increase in tax (deficiency) is still $1,685 (same as the 2019 error we thought was fixed but apparently isn't). We also received some confusing letter from our bank but I'm not sure what to do next. Does anyone know how to handle this Notice of Deficiency or what a Waiver is? Are we screwed?

Luis Johnson

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This is unfortunately a common situation with IRA contribution reporting issues. The Notice of Deficiency is basically the IRS's formal statement that they believe you owe additional tax, and it's their last notice before things get more serious. When the bank "corrected" the forms, they may have only sent them to the IRS without properly processing the correction in their system. What you need to do immediately is request copies of those corrected forms from the bank - they are legally required to provide them to you. Ask specifically for the corrected 5498 forms showing the proper year for the contribution. You have three main options now: 1) Sign the waiver form and pay the amount if you agree with it, 2) File a petition with the Tax Court within 90 days if you disagree (this is serious and might require a tax attorney), or 3) Try once more to resolve it by calling the IRS directly with the correct documentation from the bank proving the contribution year. The "waiver" referred to in your notice is likely Form 5564, which waives your right to contest the deficiency in Tax Court. Don't sign this unless you agree you owe the money.

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Ellie Kim

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Does contacting the Taxpayer Advocate Service help in situations like this? I had a similar issue last year and couldn't get through to anyone at the IRS.

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Thank you so much for explaining this! I had no idea that the Notice of Deficiency was their last warning before things get serious. I'll definitely call the bank tomorrow and demand copies of those corrected 5498 forms. I definitely don't want to sign any waiver since we don't actually owe this money. If they had recorded the contribution to the right year like my parents requested, none of this would be happening. Do you think it's worth trying to call the IRS first before considering the Tax Court option? I'm worried about the 90-day timeline.

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Luis Johnson

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The Taxpayer Advocate Service can indeed help in these situations, especially when you've already made attempts to resolve the issue directly with the IRS. They're particularly useful when the issue is causing financial hardship or when the IRS systems aren't resolving the problem correctly. I would absolutely try calling the IRS first - it's much simpler than Tax Court if you can get it resolved. Be prepared with any documentation you have (including the letter from the bank) when you call. Ask specifically for the department that handles IRA contribution issues. The 90-day period is crucial though - mark that deadline on your calendar and if you don't make progress within the first 30-45 days, you may want to consult with a tax professional about filing a Tax Court petition just to protect your rights.

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Fiona Sand

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I went through something similar with an incorrectly reported IRA contribution that triggered a cascade of IRS notices. After weeks of getting nowhere with both the bank and the IRS phone lines, I found this tool called taxr.ai (https://taxr.ai) that really helped me understand what was happening with the notice. You upload your IRS notice and tax documents, and it explains everything in simple language - showing you what went wrong and the exact steps to fix it. In my case, it identified that the bank had coded my contribution with the wrong tax year and showed me exactly what forms I needed to have corrected. It even created a response letter template for me to send to the IRS explaining the situation. The best part was that it flagged the Notice of Deficiency as time-sensitive and gave me a clear timeline of what would happen if I didn't respond within the 90-day window. Saved me from making the mistake of just hoping things would sort themselves out.

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Does it also help with figuring out if you need to request an audit reconsideration? My sister has a similar IRA problem but has already received a CP2000 notice and she's confused about next steps.

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Sounds interesting but how exactly does this work? Do they actually contact the IRS for you or is it just helping you understand the forms?

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Fiona Sand

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It definitely helps with audit reconsideration situations. It analyzes your notice and tells you if audit reconsideration is appropriate for your specific issue. For your sister's CP2000 notice specifically, it would show her exactly what documentation she needs to gather to prove her case and the correct procedure to respond within the timeframe on her notice. It doesn't contact the IRS for you - it's more like having a tax expert analyze your situation and give you personalized guidance. You upload your documents and notices, and it identifies exactly what's happening and what steps you need to take. It explained all the IRS codes on my notice that made absolutely no sense to me and gave me a step-by-step plan for resolving the issue, including exactly what to say when contacting both the bank and the IRS.

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I was really skeptical about taxr.ai at first because I've tried other tax help tools before with mixed results. But after dealing with my own Notice of Deficiency over an IRA contribution issue (mine was a rollover that got reported incorrectly), I decided to give it a try. It was actually a huge relief. The tool immediately identified that the bank had coded my rollover as a distribution without contribution, explained exactly why the IRS was assessing additional tax, and showed me the specific forms and documentation I needed to get corrected. It even highlighted the exact section of tax code that applied to my situation. Following their guidance, I was able to get my bank to issue the proper coded 1099-R and 5498 forms. When I called the IRS with this information (using the specific paragraph they recommended I use), the representative immediately understood the issue and placed a hold on further action while they processed the corrected forms. Saved me over $2,300 in incorrectly assessed taxes!

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Finnegan Gunn

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If you're struggling to reach the IRS about your Notice of Deficiency, I highly recommend trying Claimyr (https://claimyr.com). I was in a similar situation with a messed up IRA contribution that triggered a deficiency notice, and I spent HOURS on hold trying to reach someone at the IRS to explain my situation. After my third attempt waiting over 2 hours and getting disconnected, I found Claimyr, which basically holds your place in the IRS phone queue and calls you when an actual agent picks up. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c In my case, I was connected with an IRS agent within 30 minutes rather than the 3+ hours I was experiencing on my own. The agent was able to look at my account, verify that I had submitted the corrected documents from my bank, and put a temporary hold on collections while they reviewed everything. Seriously saved my sanity during an incredibly stressful situation with that 90-day deficiency notice countdown ticking away.

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Miguel Harvey

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Wait this actually works? I thought the IRS phone system was designed to keep everyone waiting forever lol. Do they work for people with audit issues too or just general questions?

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Ashley Simian

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I don't buy it. How could a third party service possibly get you through to the IRS faster? The IRS phone lines are notoriously backed up. Sounds like a scam that charges you for something that doesn't actually work.

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Finnegan Gunn

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It absolutely works for audit issues or any IRS phone line. They basically use a system that waits on hold for you, and then when a live agent picks up, it calls your phone and connects you directly to that agent. I was super skeptical too until I tried it. They don't have any special "in" with the IRS or promise to skip the line - they just handle the painful waiting part so you're not stuck with your phone on speaker for hours. It works with pretty much any government phone system that has long wait times. And trust me, with the clock ticking on a Notice of Deficiency, being able to actually talk to a human at the IRS quickly made all the difference in resolving my case.

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Ashley Simian

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I have to eat my words here. After posting my skeptical comment yesterday, I decided to try Claimyr myself since I've been trying to reach the IRS about my own tax issue (not IRA related, but still had a Notice of Deficiency for some investment income I allegedly failed to report). I've been trying for THREE WEEKS to get through to someone at the IRS. Today I used Claimyr and got connected to an agent in about 45 minutes. The agent was able to pull up my account, see that I had already mailed in documentation proving the income was actually reported correctly, and they put a hold on my account while they process my response. The 90-day clock was seriously stressing me out, and now I at least have confirmation that my response is in their system and being reviewed. Having actual notes in my account from today's call gives me so much more peace of mind than just hoping my mailed documents don't get lost. Definitely worth it just for the stress reduction.

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Oliver Cheng

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Has anyone dealt with getting the actual 5498 forms from the bank? I'm having a nightmare situation where my bank (rhymes with bells largo) keeps telling me they "don't have access" to previous year forms. The IRS is hitting me with a deficiency notice over IRA contributions too.

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Taylor To

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Banks are required by law to keep those records! Ask to speak to a supervisor in their tax document department, not just a regular customer service rep. If they still refuse, remind them that per IRS regulations they MUST provide you with copies of tax documents for at least 3 years. If all else fails, you can try filing Form 4506-T with the IRS to get wage and income transcripts that might show the IRA contributions even if you don't have the bank's forms. I had to do this when my credit union "lost" my 5498 records during a system update.

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Oliver Cheng

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Thanks for this advice! I called again today and specifically asked for the tax document department instead of regular customer service. They still gave me trouble but when I mentioned the IRS regulations about maintaining records, their tone changed completely. They're sending me copies of all my 5498 forms from the last 4 years. I had no idea about Form 4506-T either, that's super helpful as a backup option. I'm starting to feel like we need a complete guide for dealing with banks that "lose" or mess up IRA contribution records!

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Ella Cofer

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I just want to add something important about that 90-day window on the Notice of Deficiency. DO NOT miss that deadline! If you do nothing within 90 days, you lose your right to challenge this in Tax Court without first paying the full amount. My parents got hit with a similar IRA issue and thought they had resolved it by sending some documents to the IRS. They didn't realize they still needed to either file a Tax Court petition or resolve it completely within the 90 days. They ended up having to pay the full assessment plus additional interest, and then fight for a refund afterwards - which took almost 2 years to resolve. Even if you think you're resolving the issue by working with the bank and IRS, protect yourself by watching that deadline carefully.

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This is really important info, thank you! Our letter arrived yesterday, so I'm guessing our 90-day clock is already ticking. Should we hire a tax attorney to help with the Tax Court petition if we can't get this resolved quickly? I'm worried about messing up the paperwork and losing our right to challenge this.

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