Protective Refund Claim

Today TaxMama hears from Michelle in Albany , New York, who tells us this sad story. “My husband was a police officer. He had an accident in 2002 while on the job. He was out of work several times from January 2002 – September 2004, when he had to take a disability retirement. He worked only 4-5 hrs a day when he was not out entirely.
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At any rate, his case is in litigation as to whether or not the benefits that he received while still employed are workers comp 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 2002 if it is not settled by April 2006?

Hi Michelle,

How very astute of you to realize that the statute of limitations on filing an amended return to get a refund will run out on April 15th, 2006.

So, if the case isn’t resolved, what can you do?
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Hmm….here’s an idea. Most people don’t know you can do this – so this little secret can be worth a fortune.
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Shhhhh…don’t tell anyone.

File the amended return anyway.

What? And lie to IRS? Of course you wouldn’t that!

But, what you will do is – you’ll include the explanation of the status of the case. And you will include a statement that you are primarily filing to preserve your right to a claim for refund.

Filing that amended return will open up the statute of limitations, on the issues you present, for another three years. But make sure when you file that return, that you include ALL the forms and schedules that might be affected by the changes.
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Hopefully your husband’s health will improve and his case is resolved in his favor soonest.
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