Losing the Statute ... Ask TaxMama ... March 12, 2004

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Tax Information With A Mother's Touch

Published by Eva Rosenberg, MBA, EA
Volume 6, Issue 250 March 12, 2004


	Things to Do or Know in March
	Tips for Romantic Restaurants — Or What To Avoid
	Letting Attorneys Bid On Your Business
	Easy Easement?
	Itinerant Bill Collector
	Losing the Statute


	IRS - Answers to Common Questions


	Negotiation Made Easy

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Losing the Statute

» From: Albany, NY

Dear TaxMama:

My husband was a police officer. He had an accident in 2000 while on the job.

He was out of work several times from January 2000 - September 2002 when he had to take a disability retirement. He worked only 4-5 hrs a day when he was not out entirely.

At any rate, his case is in litagation to determine whether or not the benefits that he received while still employed are workers compensation or covered under article 207c.

My question is:

Will we be able to file an amended tax return for tax paid on his salary in 2000 if it is not settled by April 2004?

Thank you.

Burned

Dear Burned,

You're right to realize that the statute of limitations runs out on April 15th, 2004.

The case isn't resolved?

Hm .... here's an idea.

File the amended return anyway. Include the explanation of the status of the case.

And include the fact that you are primarily filing to preserve your right to a claim for refund.

Even if it's rejected, that opens up the statute on the issue for another three years.

I hope his health improves and his case is resolved in his favor soon.

Best wishes,

Eva Rosenberg
Your TaxMama

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