The IRS Audit Blog

Archive for July, 2008

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Question: Does the Congress have the constitutional authority to delegate its powers?

Likewise does departments of the government have authority to delegate their duties. I’m thinking of the Treasury Department that uses the IRS for collection of income taxes and if the IRS is a quasi-private body- how can they be represented by the Justice Department?

Answer: Congress has the authority to pass laws that authorize departments to create regulations concerning specific subjects. Congress created the FCC and the FCC creates rules that regulate the use of the RF spectrum.

A government department can outsource operations to contractors. The IRS is not a “quasi-private body”. It has no private ownership of any kind. It is a division of the Treasury Department. It is more a government department than the postal service.

I have asked time and time again for ANYONE to show me a reference to ANYTHING that is not an opinion piece that shows that the IRS is anything other than a government agency. No one can.

Despite our e-mail conversation you still have not provided ONE link that proves your position. You have lost all credibility.

IRS cracking down on tax preparers, do your homework before picking a professional

The Internal Revenue Service is sending out thousands of letters this week to paid tax preparers around the country, reminding them of their obligations to prepare accurate returns for their clients.

Installment Agreements – IRS Collection Alternatives, from the Taxpayer Advocate Service

IRS rep in Dallas admits to accepting bribe

An IRS worker in Dallas who accepted a bribe in exchange for a promise of no audit faces a maximum 15 years in prison.

Narconon Michigan Explains How To File An IRS 501(c)(3) Complaint against Scientology

Question: What do I say in a letter to IRS to recover my (3mos.-late) 2003 return theyre holding(“I forgot” won’t work)?

My 2003 income tax was incomplete and needed to be filed by April 15th, 2007 but I didn’t get around to filing it until late May/early June because I didn’t have the fee for HR Block. They say I don’t owe(am due a refund) but that the Statute of Limitations Law allows me to file up to 3 years late, and I was 3 months over(so, they’re holding it)… I talked to an IRS attendant & she gave me the address to write to the IRS Service Center/collections. She suggests that I don’t just say that I forgot or that I didn’t know, b/c “ignorance of the law is no excuse”, as she stated. So now the IRS is holding my return money from that year, but I really need it asap. ARE THERE ANY EXCEPTIONS TO THAT LIMITATIONS LAW which I could use in my letter. It was an honest mistake but it doesn’t give them the right to keep my hard earned money. Some1 plz help ASAP. Maybe you know of the limitations laws and can enlighten me on what would possibly work?? Maybe my situation alone was good enough?

Answer: About the only way that anything would work, was if you were physically unable to file the 2003 within the 3 year deadline (you were in a coma, you were held hostage). Saying that you didn’t have the H&R Block fee is not good enough. I do know the limitations laws, and am sorry to have to inform you that you are out of luck with claiming the refund. The only way out that I can think of is if you had filed for an extension (and you would have had to file a 2nd extension as well) for the 2003 return. If you had filed an extension, that would have extended the filing of the 2003 return originally to August 15, 2004 (which considering that today is 8/23 you’d be out of luck), and if you had filed for a 2nd extension (giving 2 additional months) that would have extended the filing to October 15, 2004, which would extend the 3 years to file to October 15, 2007. If you didn’t file an extension or only filed the first extension, I’m sorry but you are out of luck totally, unless you were in the coma or held hostage for 3 years (maybe H&R Block held your return hostage until you paid them, but that doesn’t count).

News Briefs

Trees recycle for free in Mammoth The Town of Mammoth Lakes and Mammoth Disposal invite people to recycle their Christmas trees at no charge at the Mammoth Disposal Transfer Station through the end of January.

Nouvel an 2004

Unintended consequences of the Witness Responsibility Act

Unintended consequences of the Witness Responsibility Act

Obama: “Conspiracy To Commit Torture Is Not A Crime”

Question: Can I use ANY of the three 1040 Federal Tax forms?

I understand it’s basically just “long, medium, short.”
There’s the 1040, the 1040A and the 1040EZ.

Am I allowed to use ANY of them, or do I HAVE to stick with the one they mailed to me (EZ)?

Also, I AM allowed to use any of them, can I print out one from the internet, or do I have to call the IRS to mail me a packet?

Answer: If you are allowed to use the 1040-EZ, then you can use any of the three. If you’re allowed to use 1040-A then you can use 1040. And you can print them out at www.irs.gov – click on “forms and publications”, or pick up copies at most public libraries.

If you itemize or have self employment income, you have to use 1040. You can’t claim dependents on a 1040-EZ. There are other rules too for what you can do on each form, but you can always use a higher-level form than the easiest you can use for your situation.

Offutt volunteers ready for tax season

It’s the start of a new year. For many Americans that means putting away holiday decorations, making resolutions and returning to work. For most Americans, it also means it’s time to gather necessary forms and receipts for the Internal Revenue Service.

How to Complete and File a 1040A Tax Form : 1040A Lines 8 & 9 Overview