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juan-marquez
New Member

In my 2017 form 8938, filed and accepted, I entered the same, already closed, bank acct. twice. I don't get a refund or owe any amount. Do I have to amend it?

 
1 Reply
jtax
Level 9

In my 2017 form 8938, filed and accepted, I entered the same, already closed, bank acct. twice. I don't get a refund or owe any amount. Do I have to amend it?

There is no duty to amend a tax return if you made an honest mistake (even if it would result in more tax owed). You may wish to file an amended return, either to get a refund or to stop interest/penalties from accruing. Neither seems to apply in your case. I wouldn't worry about it.

More detail here:

https://www.thetaxadviser.com/issues/2017/jan/amed-return-client-decision.html

"The Supreme Court held that, despite these and other references to amended returns in the Treasury regulations, "[n]one of these provisions, however, requires the filing of [an amended return]" (Badaracco at 397). Similarly, the Tax Court held that taxpayers are not required by statute to file an amended return when an originally filed tax return is discovered to be incorrect and that the failure to file an amended return in this context does not, by itself, establish an intent to evade tax (Broadhead, T.C. Memo. 1955-328)."

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