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Giovanni Moretti

Received IRS CP105 Notice - Parents Owe more than 100k for Gift Tax Miscalculation

My parents are in a tough spot after working with an accountant on their gift tax situation. They set up a life estate deed but just received an IRS CP105 notice claiming there was a major miscalculation, and now they owe over $135,000! The whole thing is overwhelming. The accountant only submitted one 709 form for both of them, which I'm pretty sure is wrong if they were gift splitting. From what I understand, they originally purchased the property for around $250,000, and today's market value is approximately $470,000. I'm planning to call the IRS tomorrow to understand what's happening, then confront the accountant about the potential errors on the 709 Form. Has anyone dealt with a CP105 notice before, especially with amounts this large? Any advice on how to approach this mess? Should we get a second opinion from a different tax professional?

The CP105 notice is basically the IRS saying they found issues with the gift tax return. You're right to be concerned about the single 709 form - for gift splitting, each spouse needs to file their own Form 709, even though they're splitting the same gift. For a life estate deed situation, there are specific valuation methods that need to be followed. The difference between the purchase price and current value isn't always what determines the gift tax. It depends on the value of the remainder interest being transferred and the retained life estate. I'd recommend getting a tax attorney who specializes in gift tax issues to review everything ASAP. With a $135k assessment, you don't want to rely just on the original accountant who made the mistake. The IRS allows you to challenge their findings, but you'll need proper documentation and correct valuation methods to support your case.

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Dylan Cooper

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Thanks for the info. Do you know if there's a specific deadline to respond to a CP105 notice? And would gift splitting have actually helped reduce their tax liability in this case?

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The CP105 notice should state the response deadline, but typically you have 30 days from the date on the notice to respond before the IRS moves forward with their assessment. Missing this deadline can make it much harder to resolve later. Gift splitting would absolutely have helped if done correctly. When spouses split gifts, they each can use their annual exclusion amount (currently $17,000 per recipient) and their lifetime exemption. This effectively doubles the amount they can give before owing gift tax. But for gift splitting to be valid, both spouses must consent to it on properly filed 709 forms.

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Sofia Perez

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I had a similar nightmare with a gift tax form last year. The IRS calculations seemed completely wrong, and I was panicking about owing tens of thousands. I tried calling them myself but kept hitting dead ends. I finally used this service called taxr.ai (https://taxr.ai) that helped analyze my CP105 notice and gift tax forms. They identified exactly where the miscalculations happened and helped me understand what documentation I needed to respond. Their system caught that my accountant had used outdated valuation tables for the life estate calculation, which was throwing everything off. They even helped draft the response letter explaining the errors in the IRS assessment. Saved me so much stress trying to figure it out myself!

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How does taxr.ai actually work? Do they connect you with tax professionals or is it just software that analyzes your tax documents?

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I'm curious - did the IRS accept your explanation and documentation after using that service? I'm always skeptical about these things because I've heard horror stories about people thinking they resolved something only to get hit with penalties later.

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Sofia Perez

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It's actually a combination of AI document analysis and tax professionals. You upload your tax documents and notices, and their system flags potential issues or discrepancies. Then they provide explanations in normal human language about what's wrong and how to fix it. The IRS completely accepted my response and adjusted the assessment down to almost nothing. I was worried too, but they provide documentation for everything they recommend. The big difference was having someone who could actually interpret what the IRS was claiming versus what was on my forms. My original accountant just kept insisting he was right without explaining the discrepancy.

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Just wanted to follow up - I decided to try taxr.ai after my initial skepticism. Honestly, it was a lifesaver for a similar issue with Form 709 gift tax problems. I uploaded my parents' CP105 notice and the original 709 form, and the analysis showed exactly where the valuation method for the life estate was incorrect. The accountant had used a simple property value difference instead of the proper actuarial tables for valuing the remainder interest. The service walked me through preparing a response that included the correct calculations based on IRS Publication 1457 tables. We're still waiting for the final determination, but the IRS agent I spoke with acknowledged our calculations looked correct and said the assessment would likely be reduced significantly. Wish I'd known about this earlier before spending weeks stressing about it!

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Ava Johnson

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For anyone dealing with these CP105 notices - I highly recommend trying to get an actual human at the IRS on the phone before doing anything else. They can sometimes explain exactly what triggered the notice and the specific issues they found. That said, calling the IRS these days is practically impossible. I spent 3 weeks trying, waiting on hold for hours only to get disconnected. Finally tried Claimyr (https://claimyr.com) after seeing it in a YouTube video (https://youtu.be/_kiP6q8DX5c). They basically hold your place in the IRS phone queue and call you when an agent picks up. Once I actually spoke with someone at the IRS, they explained that the gift tax calculation on my parents' life estate was using incorrect remainder interest factors, which was a totally different issue than what their accountant thought. Having that conversation saved us from going down the wrong path with our response.

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Miguel Diaz

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How does Claimyr actually work? Sounds too good to be true that they can somehow get you through to the IRS when no one else can.

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Zainab Ahmed

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I've tried calling the IRS countless times about my own tax issues and it's basically impossible. No way some service can actually get through when the IRS phone system is completely broken. They're probably just taking your money and letting you wait like everyone else.

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Ava Johnson

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It works by using an automated system that keeps redialing and navigating the IRS phone tree until it gets through to a human. Then it calls you and connects you with that IRS agent. You don't have to sit on hold yourself - you just get the call when an agent is actually on the line. I was super skeptical too, but after wasting days of my life on hold, I was desperate. It worked exactly as promised - I got a call back in about 2 hours with an actual IRS agent on the line. They had already navigated all the phone tree options for me. The agent I spoke with was actually really helpful once I explained the CP105 notice situation. She walked me through exactly what documentation we needed to submit to challenge the assessment.

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Zainab Ahmed

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I need to eat my words here. After posting my skeptical comment yesterday, I decided to try Claimyr as a last resort for my own tax issue (not gift tax, but I had a CP2000 notice). I've been trying to reach the IRS for WEEKS about this notice. Used Claimyr this morning and got connected to an actual IRS agent within 90 minutes. The agent was able to put a temporary hold on collections while I gather documentation to respond to the notice. For what it's worth, the agent also mentioned that gift tax issues with Form 709 and life estates are extremely common right now because property values have increased so much and many accountants aren't using the correct valuation methods. He suggested getting a tax attorney who specializes in gift tax rather than just an accountant if the amount is over $100k.

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Connor Byrne

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Some practical advice from someone who went through almost the exact same situation last year: 1) Don't panic - the IRS assessment is often negotiable with proper documentation 2) Get copies of all paperwork your parents and accountant submitted 3) Find out if gift splitting was properly elected on the 709 4) Verify which IRS life estate valuation tables were used (they should use Table S from Pub 1457) 5) Calculate the actual value of the remainder interest using current ages and interest rates 6) Determine if your parents' lifetime gift tax exemption was properly applied In our case, the accountant had used outdated valuation tables and completely missed applying the lifetime exemption. We ended up owing nothing after submitting the corrected calculation.

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Thanks so much for this breakdown! Quick question - did you have to file amended returns or just send a response letter with the corrected calculations?

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Connor Byrne

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We did both - sent a detailed response letter explaining the errors in the original calculation and included properly completed amended 709 forms (one for each parent). The most important part was showing the correct valuation using the current IRS tables and properly electing gift splitting. The IRS responded after about 6 weeks and accepted our amended returns. The original $120k assessment was completely removed. Make sure you get proof that both spouses consented to gift splitting and file separate returns. That was a key issue in our case too.

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Yara Abboud

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Just wanna say that the accountant should pay for this mess if they screwed up! If they submitted incorrect forms or calculations, they should at least help fix it for free or compensate for any penalties. Accountants carry professional liability insurance for exactly this reason. Don't let them off the hook if they made a serious error that's costing your parents $135k!

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PixelPioneer

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Totally agree! But also maybe check if the parents gave the accountant all the correct info in the first place? Sometimes it's not entirely the accountant's fault if they were working with incomplete information.

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As a different perspective, gift tax and life estates are extremely complicated areas of tax law. Many general accountants don't specialize in this area. While the accountant should definitely help fix the issue, they might not have the expertise needed. This is why tax attorneys who specifically deal with estate planning are often better for these complex gift situations.

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Sydney Torres

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This is a really complex situation, and I feel for your parents dealing with such a massive assessment. Based on what you've described, there are definitely red flags with how this was handled. The single 709 form issue you mentioned is huge - when couples elect gift splitting for life estate transfers, each spouse absolutely needs to file their own Form 709 with proper consent elections. This isn't optional. A few immediate steps I'd recommend: 1) Don't wait to respond - CP105 notices typically have 30-day deadlines 2) Get the exact language from the notice about what the IRS thinks was miscalculated 3) Gather all documentation about the original property purchase, current appraisal, and the life estate deed 4) Find out what actuarial factors and interest rates were used in the original calculation Life estate valuations are incredibly technical and use specific IRS tables that change regularly. The $220k increase in property value isn't necessarily the taxable gift amount - it depends on your parents' ages, current interest rates, and whether they properly retained life estate rights. Given the amount involved, I'd strongly suggest getting a second opinion from an estate planning attorney who specializes in gift tax, not just another accountant. This is way too much money to leave to chance, and the original accountant clearly made some serious errors.

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This is incredibly helpful advice! I'm actually dealing with something similar right now - my grandmother transferred property to us through a life estate deed last year, and I'm worried our tax preparer might have made similar mistakes. Quick question - when you mention the actuarial factors and interest rates, are those the Section 7520 rates that the IRS publishes monthly? And do you know if there's a grace period if the accountant used the wrong month's rates when calculating the remainder interest value? Also, totally agree about getting an estate planning attorney. Regular accountants just don't have the specialized knowledge for these complex gift tax situations. The stakes are way too high to mess around with general tax preparers when dealing with life estates and large property transfers.

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