Audit letter

[Jeomarroquin]

I just received audit letter they want me to prove mfs for the eic but i dont have proof can i amend my return and remove that credit?

[DawnC · Accepted solution]

Yes.  You can amend your return to change your filing status and remove the EIC.   

How do I amend Married Filing Separately returns to Married Filing Jointly?   Note - the amending software for 2021 tax returns won't be ready until later this month.   But you will only need to prepare one of your Married Filing Separately returns to correct both of them.   Amend the less complicated of the two, the link explains more in detail.  

How do I respond to an IRS notice (and what if they want to audit me)?   Respond promptly to any notice you receive.  Click the link for more information regarding notices and letter received from the IRS.   A notice is the IRS’s way of telling you they disagree with something on your tax return. You can learn more about IRS notices, including your specific notice, at the IRS website.  Our partner TaxAudit has a glossary with information about specific terms in your notice.

The IRS may tell you in a notice that they’re going to audit you or your business. If you’ve received an audit notice, review the IRS’s page on audits.   If you purchased MAX or Audit Defense when you filed your taxes with TurboTax, we’ll help you with your audit.

We can help you with your tax letter

[Jeomarroquin]

Thank you very helpful 

[Jeomarroquin]

Well the thing is the wife filed hoh she already got paid honestly i messed up and i just wanna get it done correctly watever it takes i wanna fix it 

[Mike9241]

interesting court case. The Tax Court held that a taxpayer, whose correct filing status was MFS, was entitled to the EIC because he had qualifying children. (Tsehay, TC Memo 2016-200) in an AOD the iRS announced the nonacquiescence with this decision. The IRS explained that the TaaCourt overlooked IRC SEC 32(d) which disallows the EIC to married taxpayers filing separately. Accordingly, the IRS will not follow the Tax Court's opinion (AOD 2017-05)

Frankly, it is doubtful any other court will accept the holding if the IRS raises the obvious objection.

if you indicated MFS in your return Turbotax should not have given you the EIC. So for you to get it either you overrode something or there was a bug in the Turbotax programming. if you overrode something in your return, then Turbotax is not at fault.  However, if it was a programming error on Turbotax, then you can file a claim for the penalties and interest the IRS will charge you.