Incorrect CT 1040-x Filing, Any Options?


D

don

Quick background: When I initially filed our Tax Year 2003
return - to the IRS and Connecticut, I incorrectly reported
rental property as passive vs non-passive. In February
2007, I filed a 1040-X for both the IRS and the Connecticut
Franchise tax Board - to correct that error. I have already
received the expected IRS refund.

I inadvertently created a new error with the amended CT
return. Unfortunately the tax s/w I used (Turbo-Tax) did not
transfer all of the required change data - from the
"corrected" 1040 to the 1040X that I was filing. I clearly
stated the reason for the change was my error with the LLc.
I received a CT tax board notice in June that my1040-X
filing was in error. Upon talking to a CT state tax agent -
I was told to refile the CT 1040-X, correcting the error in
my first CT 1040-X. I did that.

Most recently I received notice that the second (corrected)
CT 1040-X was also declined, due to exceeding the 3 year
limit. The letter says to respond within 60 days if I feel
that determination was in error. I do feel the CT position
is wrong. I clearly stated the reason for change with the
initial 1040-X (error in classifying the LLc income). That
the tax s/w did not properly transfer the data from my
amended 1040 to the 1040-X seems to be a reason to protest
their ruling.

Is it possible to request that a change to a prior 1040-X -
that was filed on time, but "refiled" after 3 years be
accepted ? Or should I put this episode in the "lessons
learned".

Sorry for the lengthy dialogue. Most appreciative of any
advice on how to proceed.

don

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
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B

Benjamin Yazersky CPA

Quick background: When I initially filed our Tax Year 2003
return - to the IRS and Connecticut, I incorrectly reported
rental property as passive vs non-passive. In February
2007, I filed a 1040-X for both the IRS and the Connecticut
Franchise tax Board - to correct that error. I have already
received the expected IRS refund.

I inadvertently created a new error with the amended CT
return. Unfortunately the tax s/w I used (Turbo-Tax) did not
transfer all of the required change data - from the
"corrected" 1040 to the 1040X that I was filing. I clearly
stated the reason for the change was my error with the LLc.
I received a CT tax board notice in June that my1040-X
filing was in error. Upon talking to a CT state tax agent -
I was told to refile the CT 1040-X, correcting the error in
my first CT 1040-X. I did that.

Most recently I received notice that the second (corrected)
CT 1040-X was also declined, due to exceeding the 3 year
limit. The letter says to respond within 60 days if I feel
that determination was in error. I do feel the CT position
is wrong. I clearly stated the reason for change with the
initial 1040-X (error in classifying the LLc income). That
the tax s/w did not properly transfer the data from my
amended 1040 to the 1040-X seems to be a reason to protest
their ruling.

Is it possible to request that a change to a prior 1040-X -
that was filed on time, but "refiled" after 3 years be
accepted ? Or should I put this episode in the "lessons
learned".

Sorry for the lengthy dialogue. Most appreciative of any
advice on how to proceed.
I think your issue with CT boild down to whether you have
filed an amended return within the three year statute of
limitations. The burden of proof is on your shoulders to
prove that you have complied. You should seek a local CPA
with experience dealing with the state of CT in this area as
how to proceed.

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
 

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