Hi all, time for another of my posts laying out my screwups in front of the masses of FW. I trust and appreciate youse guys' advice and input even when it's simply 'pay your bills, deadbeat!'
Well, in the year of our Tax Overlords 2007, I screwed up on my taxes. My wife (the original JaeMarie whom I hijacked this account from) switched jobs mid year and when I was preparing our taxes - likely with a free copy of TurboTax courtesy Fatwallet - I neglected to include the second W2.
Fast forward to a few months ago when an official looking IRS packet came in the mail, a "CP2000 notice". It said that our taxes from 2007 were going to be increased because of the missing W2, and because of a large amount of $$ in interest income from my wife's bank account that was also unreported. This is BS because not only does my wife never keep much $$ in her account, it is a VERY low interest yielding account from a credit union. If there was ANY interest income (unlikely), it was less than a dollar, her rate is 0.something and that is contingent on a minimum balance. It said that due to the changes, we owed an additional *$4300*! If we paid it before 30 days, we would be treated to the super special low rate of $3997.
Having less than $1000 between us, I called the IRS and pleaded our case. They said that I could file a form 656-L, Offer in Compromise. This is basically a "settlement" offer - I give you this amount of $$ to go away. I sent the 656-L in with an offer of $1910 (half of $3997 minus the bogus bank account interest) along with a letter and CC'd in the IRS office that sent the Cp-2000 (different addresses)
Well, about a month later I get a response saying that because there are no IRS judgements against us, they cannot accept the offer.
I waited until I got an official "notice of deficiency" from the IRS (in the amount of $4284 now, 'early' 3997 bonus gone) to resend the documents to both IRS addresses. I redid some of the letter to make it more personal and detail our (lack of) finances and this time I upped the offer to $2150, MORE than half of what they're asking not even taking into the account the bogus bank account interest.
Today, I get ANOTHER letter that says (and I quote) "We cannot process and/or further investigate your offer for the following reasons: ...the potential liability you cited involves an ongoing or recent examination of your return and information you believe that may impact your examination should be provided to the examining officer. Please follow the instructions on your CP2000 notice."
Can anyone help direct me as to the best course of action here? I fully realize and submit that we owe some money, even a LOT of money for fudging our taxes, even if it was unintentional (We STILL don't have the second W2, we never received it. I tore the house apart looking for it) But there is no way we can just put 4 grand in an envelope and send it off because WE DO NOT HAVE IT. I have extended myself in every way I can think of, I've called and written and offered more than half of the insane amount of $$ I can't fathom ever having at one time, let alone sending off to the Department of the Treasury. Even if they accepted the offer, we'd be able to borrow the $$ from a relative at a 0% interest rate. While I hate to do that, it is a better solution than working for the rest of my life for the IRS, sending off (or having garnished) every single extra penny I make for the rest of my life to the IRS.
No offense, but you're being awfully melodramatic about ~$2000.
Nightrush
Geeky member
posted: Sep. 17, 2009 @ 1:54p
1. Get out 2004 Tax REturn 2. Go to the bank get a print out from Jan 1 2007 - Dec 31 2007 3. Call the job your are missing the w-2 from and get a copy mailed out 4. Re-do your taxes 5. Head down to a IRS office will all the paper work
wicked1088
New Member
posted: Sep. 17, 2009 @ 1:56p
All you need to do is file an amended return with the additional W-2 added and it will clear this problem up.
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 2:02p
that was quick! thanks! ALL! even the douche who said I was being melodramatic. I wish it was only ~2000 and even if it was, the only emotions involved here are real. Desperation, honesty, accountability, fear (of the future for the 2 kids)
now THAT's melodramatic
aklucsarits
New Member
posted: Sep. 17, 2009 @ 2:08p
This is really a situation where a professional CPA should have been engaged as soon as the first letter from the IRS is received. It is probably not too late for you to retain one to evaluate your case.
I received a CP2000 letter from the IRS earlier this year where they claimed that they had reviewed my 2007 return and determined that I owed a large 5 figure sum. I knew right away that their claim was in error, but I spent about $300 to engage a CPA immediately to be sure that my response letter to the IRS would be complete and accurate. The CPA was able to assist with a response strategy and language for the response letter to help ensure that the IRS would not come back with additional requests or claims. The IRS kept me hanging for their ruling on my case for nearly 4 months after my initial response. But at the end of the day, instead of me owing the IRS 5 figures, the Dept of Treasury ended up owing me about $1200, including interest.
You might want to start some kind of safety fund, I mean 2 adults with 2 kids and not $1,000 combined is VERY SCARY
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 3:27p
TAXABLE WAGES:
Shown on Return: $25,309 Reported to IRS, or as Corrected: $48,802 Difference: $23,493
INTEREST:
Shown on Return: $60 Reported to IRS, or as Corrected: $242 Difference: $182
For comparison, here's the listing of my earnings record from Social Security I received recently. My complete income history. 1998 $2927 1999 $5849 2000 $9240 2001 $18,303 2002 $3,118 2003 $14,540 2004 $16,080 2005 $30,053 2006 $8,045 2007 $25,309 2008 $25,799
Hunt down the missing W2 by calling the employer. Look at the last paystub from that job (you will at least get approximate numbers). The IRS should have received a copy of the W2; get it from them.
You certainly have missed reporting some bank interest. Figure out exactly what that is. Chances are you missed something big (e.g., CD maturing, Savings bond encashed etc.), just like you missed the W2.
Once you have that, figure out what your additional tax liability is for that year. See how that compares with the IRS figure.
The IRS offers payment plans. You can look into paying your taxes over time. I dont see why the IRS would simply accept 50% payment when it is YOU who are in default; actual amount might be in dispute but you need to calculate exactly what that is instead of pulling a figure out of thin air.
Finally, as has been said above, if you have two kids and have less than one grand between the two parents, you have bigger problems than the IRS.
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 3:31p
denbo32 said: You might want to start some kind of safety fund, I mean 2 adults with 2 kids and not $1,000 combined is VERY SCARY
I hear ya bro. Take into account questionable health insurance, and it's even more nerve-wracking.
(When I got laid off a few months ago, I went for the COBRA insurance. I've paid them on time, every month and EVERY SINGLE TIME one of the kids go to the doctor it's a huge ordeal because they say the insurance is invalid. EVERY SINGLE TIME I call on the spot to "FlexAmerica" and every single time they assure me it's a mistake and they'll make it right with the doctor.
But yet, the (full, no insurance) bills keep coming. Scary, indeed.
What im curious about, why is the IRS claiming you owe so much? Since it was a w2 job, more than likely tax was withheld from it. Based on the income bracket you are in, I would think the w2 tax withheld would cover it.
Can you get a copy of the missing w2 form?
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 3:37p
uutxs said: You certainly have missed reporting some bank interest. Figure out exactly what that is. Chances are you missed something big (e.g., CD maturing, Savings bond encashed etc.), just like you missed the W2.
That's the thing - the interest figure comes directly from the bank to the IRS, and this is a federal credit union so you'd hope they have their stuff together. That tells me that there IS something that we're missing. She's had student loans in her parent's name but no CD's, money market, etc accounts that I know of. Just the savings with $1 in it and the checking account she uses which never has any amount of $$ in it so there's no way it could accumulate nearly $200 of interest.
JaeMarie said: uutxs said: You certainly have missed reporting some bank interest. Figure out exactly what that is. Chances are you missed something big (e.g., CD maturing, Savings bond encashed etc.), just like you missed the W2.
That's the thing - the interest figure comes directly from the bank to the IRS, and this is a federal credit union so you'd hope they have their stuff together. That tells me that there IS something that we're missing. She's had student loans in her parent's name but no CD's, money market, etc accounts that I know of. Just the savings with $1 in it and the checking account she uses which never has any amount of $$ in it so there's no way it could accumulate nearly $200 of interest. Did you file MFJ that year? If so, the interest could be from either of your accounts (or a joint account).
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 3:42p
propcgamer said: What im curious about, why is the IRS claiming you owe so much? Since it was a w2 job, more than likely tax was withheld from it. Based on the income bracket you are in, I would think the w2 tax withheld would cover it.
Because it's not just income tax owed now. With the additional income, that makes us ineligible for the Earned Income Credit, line 66a (-3,045) and the Additional Child Tax Credit, line 68 (-1,239)
JaeMarie said: It said that our taxes from 2007 were going to be increased because of the missing W2, and because of a large amount of $$ in interest income from my wife's bank account that was also unreported. This is BS because not only does my wife never keep much $$ in her account, it is a VERY low interest yielding account from a credit union. If there was ANY interest income (unlikely), it was less than a dollar, her rate is 0.something and that is contingent on a minimum balance. Is it possible DW is keeping a secret stash somewhere?
You forgot about $23,000?! $23,000 that, as you say, makes you ineligible for two things you cashed in on? I'm surprised they haven't hit you with some penalties. If this is all an accident, it sure looks suspicious as hell.
Go ahead, bring on more red.
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 3:54p
Well that's kind of the point - $23K in "forgotten" income and $200 in "forgotten" bank interest is damn near impossible. I know I owe SOMETHING. No kidding. It was no accident - I, as the tax preparer, KNEW that we were missing a W2. Did I think it would be a $4K mistake? Hah.
I never painted myself to be any type of financial planning genius. My father was kind enough to send me a simple budget balancing .XLS file and I couldn't make sense of it. I want to sit down with him again with all the bills and do it proper - should be a little easier now that the starting balance is nudging closer to $0.
And on top of not being able to financially take care of 2 kids, we just adopted a dog! <---MELODRAMATIC
Okay, at the point you got the CP2000 you should have called an accountant to clear this up. A revised 1040 should have been enough to take care of it.
But now you've got a statutory notice of deficiency and you sent in an offer in compromise. Now it's time to call a tax lawyer. You need a copy of your missing W2 and an interest statement from the bank, and you need to have your lawyer wrap it up in an IRS-friendly way for the agent.
JaeMarie said: Well that's kind of the point - $23K in "forgotten" income and $200 in "forgotten" bank interest is damn near impossible. I know I owe SOMETHING. No kidding. It was no accident - I, as the tax preparer, KNEW that we were missing a W2. Did I think it would be a $4K mistake? Hah.
I never painted myself to be any type of financial planning genius. My father was kind enough to send me a simple budget balancing .XLS file and I couldn't make sense of it. I want to sit down with him again with all the bills and do it proper - should be a little easier now that the starting balance is nudging closer to $0.
And on top of not being able to financially take care of 2 kids, we just adopted a dog! <---MELODRAMATIC
Well, melodramatic was towards your acting like $2000 is the end of the world and would bring your kids down. That's just acting silly.
This situation has NOTHING to do with your financial aptitude. It really has to do with your perjury. You knowingly filed a false tax return. As it says on the 1040 you undoubtedly signed:
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
So, I'm curious, if you knew you were missing $23,000 in stated income, how did you sign to that statement?
JaeMarie said: I sent the 656-L in with an offer of $1910 (half of $3997 minus the bogus bank account interest) along with a letter and CC'd in the IRS office that sent the Cp-2000 (different addresses) JaeMarie said: INTEREST:
Shown on Return: $60 Reported to IRS, or as Corrected: $242 Difference: $182 You subtracted the unreported interest of $182 from $3997. Even if everything else is correct, you should subtract only the additional tax attributable to the additional $182.
JaeMarie said: Well that's kind of the point - $23K in "forgotten" income and $200 in "forgotten" bank interest is damn near impossible. I know I owe SOMETHING. No kidding. It was no accident - I, as the tax preparer, KNEW that we were missing a W2. Did I think it would be a $4K mistake? Hah. You KNEW you are missing a W2. You KNEW you are missing some interest income. The IRS claims the un/underreported amounts are 23k and 182. All you have to say is the amounts IRS claims are "damn near impossible" but have no proof of what exactly they are. You will have to do better than that.
BTW, did you look at the SS statement of your wife. You should have the income subject to SS reported there; must be pretty close to IRS taxable income since you dont seem to be anywhere close to SS limits.
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 4:14p
largeeyes said: Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
So, I'm curious, if you knew you were missing $23,000 in stated income, how did you sign to that statement?
Same way our Secretary of the Treasury (who I would send the $$ to) Tim Geithner, who failed to pay $34,000 in taxes. Not report $34K. PAY. So the way I look at it, I'm qualified to be Secretary of the Treasury eight and a half times over.
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 4:17p
uutxs said: You KNEW you are missing a W2.
yep
uutxs said: You KNEW you are missing some interest income.
nope
uutxs said: BTW, did you look at the SS statement of your wife. You should have the income subject to SS reported there; must be pretty close to IRS taxable income since you dont seem to be anywhere close to SS limits.
It hasn't come yet. Believe me, I'm eager to take a look at that. Won't it be skewed, though, for 2007, if there REALLY is 23K in unreported income? Where does Social Security pull its numbers from?
JaeMarie said: Well that's kind of the point - $23K in "forgotten" income and $200 in "forgotten" bank interest is damn near impossible. I know I owe SOMETHING. No kidding. It was no accident - I, as the tax preparer, KNEW that we were missing a W2. Did I think it would be a $4K mistake? Hah.
I never painted myself to be any type of financial planning genius. My father was kind enough to send me a simple budget balancing .XLS file and I couldn't make sense of it. I want to sit down with him again with all the bills and do it proper - should be a little easier now that the starting balance is nudging closer to $0.
And on top of not being able to financially take care of 2 kids, we just adopted a dog! <---MELODRAMATIC
Um... Yeah... I know I need to enter 2 Ws here but I only have one, so I'll just file it like this. Do I even remember where I worked for the W2? nah, can't remember. Must have been somewhere. Wonder if they have a telephone number... Should I call, or check my records?
"It was no accident - I, as the tax preparer, KNEW that we were missing a W2" = "I, as the tax preparer, KNEW that we were trying to defraud the IRS" "Did I think it would be a $4K mistake? Hah." = "Did I think they would somehow catch me? Nah".
"I never painted myself to be any type of financial planning genius." = "I am either a complete moron and should have asked someone to help me, or I wanted to get away with it."
I wonder what would have happened if the IRS took further action against you? I mean they knew you missed a little interest, but what if they took your attitide and just said who cares and garneshed your account or tried to seize something?
JaeMarie said: largeeyes said: Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
So, I'm curious, if you knew you were missing $23,000 in stated income, how did you sign to that statement?
Same way our Secretary of the Treasury (who I would send the $$ to) Tim Geithner, who failed to pay $34,000 in taxes. Not report $34K. PAY. So the way I look at it, I'm qualified to be Secretary of the Treasury eight and a half times over.
Of course JaeMarie, whatever you have to say to get up each morning... Yes, you are just like Tim Geithner and I'm sure your taxes are just as complex as his...
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 4:24p
GreyRabbit said: I wonder what would have happened if the IRS took further action against you? I mean they knew you missed a little interest, but what if they took your attitide and just said who cares and garneshed your account or tried to seize something?
Then I wouldn't be able to waste your time with this 4K ($2K) melodramatic problem. Do they have Internet access in debtor's prison?
It's all fun and games until the IRS puts liens on all of your assets/garnish your wages and freeze your accounts for screwing around with them. Hire a CPA/tax attorney ASAP.
More importantly dude, you should hold off on the second child until you have some dough in reserves. If you do not, your cruising for a bruising big time.
JaeMarie
Senior Member
posted: Sep. 17, 2009 @ 6:55p
third child. I've been meaning to get snipped. Till then, it's free rubbers from Fatwallet. It's not like it's a huge risk with the frequency of procreation opportunities lately. Unemployment and escalating bills does wonders for your sex life.
The additional income put you in a whole 'nother tax state. You would miss out on Earned income credit for sure as well as a lot of the child tax credit. Also, the amount of ta you owe increases.
IMHO, IRS is correct. You do in fact owe them the amount they say. Don't do an offer in compromise, but make payment arrangements instead. The interest income is soo meaningless in this instance. It probably account for $24 of the ~$2,000 they say you owe.
Experience: Working for tax firm since 1999
davidnyc06
New Member
posted: Sep. 17, 2009 @ 8:20p
You need to wait 90 days after you get the statutory notice of deficiency to be able to submit an offer in compromise. The 90 days is the period of time you have to petition the tax court.
You are unlikely to get a Offer in Compromise accepted because you have discretionary income. Even if you don't have the money now, with a $30k salary the IRS can garnish over several years and get all their money. If you lose your jobs and have no assets, then an Offer is more likely to be accepted.
The best thing to do is to now is to establish an installment agreement using Form 9465 or online at irs.gov.
The government won't settle for a cent... forget about that nonsense. If they did settle there would be a whole lot of people not paying their taxes and settling for pennies on the dollar.
You knew you didn't pay everything. $22000 is too big of an error... you tried to cheat the system. Someone living off 25k a year has no business having kids until they get their finances in order.
The IRS is the worst entity anyone could possibly owe money to. They will clear out your bank accounts. They can garnish your wages. They can seize your assets. They will make you pay tax and penalties.
MEGAWALLET
Member
posted: Sep. 18, 2009 @ 6:00a
You're an idiot to think the IRS would even consider settling for pennies on the dollar on this fresh tax debt. You're 100% screwed and I suggest you fix this at the Appeals level after Chief Counsel files the answer in your Tax Court case. The most you can do insofar as "help" from the IRS goes is sign up for a payment plan. That's it. We're not going to negotiate with you in any other respect unless you are highly unlikely to earn money we can take down the road or you don't have any assets at the moment.
MEGAWALLET
Member
posted: Sep. 18, 2009 @ 6:09a
By the way, be sure to file a petition with the Tax Court within the time frame specified in the notice of deficiency.
So you disagree with the adjusted amounts, yet, instead of disputing the adjusted amounts, you plead poverty and make an offer in compromise? Telling them you cannot afford to pay is NOT the same as disputing what they want you to pay.
And.... there's an additional $23k in come, which in addition to being taxable also canceles out eligibility for $4284 in EIC/child credits, and they only want an extra $4,000?
Skipping 18 Messages...
MoneyOCD
Senior Member
posted: Nov. 12, 2009 @ 1:15p
Green for giving us update
Now the question - where $182 interest came from? mind to share?
Asking only because you claimed that you did not have any money and those little that you had have been earning % close to nothing. $182 actually is about 5% on $3.5k
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