USA Precedence for amended return

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I amended my 2009 return successfully and received a refund. The amendment was for a change in foreign currency exchange rate that occurred on the IRS website (Yearly Average Currency Exchange Rates) in Nov 2011.

I then filed a 2010 amended return for the exact same reason and received an IRS letter stating the claim is not allowed because "We don't get involved in the rate of currency change that would allow a decrease in tax..."

My first thought is to appeal the claim but I'm thinking there may be a risk:
If I appeal my 2010 amended return and state precedence with my 2009 amended return, is it possible they could deny me and also take away my 2009 refund as well?
 

kirby

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As I see it , you have one win and one loss
Now it depends on your personal risk profile
Willing to give up the one win for potentially one more at the risk of losing the one win??
 

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