Amending Returns Older Than 3 Years

[pelican418]

Ok, here's my scenario. I had originally missed filing my 2008 tax return. Not on purpose but I did! I filed for bankruptcy protection in 2013. In 2015 I was told by the IRS that I did not  file those returns, not sure how it got missed during the filing of bankruptcy but it did, and wanted me to file some sort of return. They gave me the basic information and I filed a simple tax return. I was then told it could not be added to the bankruptcy because it was not in the original petition. I then decided to get released from the bankruptcy and entered a payment arrangement with them that still continues. So I did my due dilligence after the fact and decided it would be in my best interest to amend the return. I spent years going back and forth with them and kept saying they couldn't find the return. I had lost the original I had a copy of on my hard-drive after a crash. I opened a Congressional for assistance and finally in February or 2022 the Tax Advocate gave me the information I needed to get the return amended since I hadn't put "head of household" and only took the standard deduction which didn't include the medical bills and college tuition/books , etc. that I failed to include in the original filing and would certainly would have lowered my tax liability.  So my question is, if you are on a payment plan, does the two year rule allow you to amend these older returns or not?

[DaveF1006]

Generally, to claim a refund, you must file Form 1040-X within 3 years after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later according to the IRS. There are no other exceptions that I am aware of.

At this point, you may wish to seek the advice of a competent tax attorney or an advocate to see if there are any exceptions in the tax code that may apply.

@pelican418

[pelican418]

Thats, the question. If I haven't paid all the taxes, since it's on a payment plan and still being paid. The two years cannot technically start. The law doesn't say two years from the start of a payment plan it says from two years of payment of the taxes.

[JohnB5677]

I agree with your interpretation of the language, but I'm never sure of the IRS's interpretation. I could not find any specific documentation on the topic, so I suggest you contact the IRS directly with the question.

You can call toll-free at 1-800-829-1040 or visit a Taxpayer Assistance Center Local IRS Office

If you don't get a satisfactory answer I agree with @DaveF1006 assessment to contact a tax attorney.