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michelemusickburns
Returning Member

Should we file an amended form or appeal?

We were denied 2021 stimulus on 1040 because we listed our son, 29/handicapped, as TT said to do. IRS denied all the stimulus money. Impossible to contact them. We sent a registered letter 3 weeks ago, with no response. Time is running out to appeal. Thanks for any suggestions.

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6 Replies

Should we file an amended form or appeal?

An amendment won't do anything. You either owe or don't. You can try the Taxpayer Advocate service. https://www.irs.gov/taxpayer-advocate

 

The IRS defines handicapped in the following information. If you son fits this category and you wish to continue to fight for your rights, then you should do so. What time limit ae you referring to? Did they give you a time limit on the notice. Some notices allow you to disagree, partially agree or totally agree. You can return the notice with your response in the alotted time.

 

What Is Permanent and Total Disability?
A person is permanently and totally disabled if both 1 and 2 below apply.
1. He or she can't engage in any substantial gainful activity because of a physical or mental condition.
2. A qualified physician determines that the condition has lasted or can be expected to last continuously

 

If he does not meet this criteria, you do owe the IRS.

Should we file an amended form or appeal?

@michelemusickburns - the disability status should not matter.  You were eligible for $1400 times each person listed on your tax return, so if you disabled son is listed as a dependent (and had a social security number), it shouldn't be a problem.

 

Did you go back and check how much you actually received in March- May, 2021?  Check you bank account - don't do it from memory.

 

Line 30 of you tax return should be $1400 times the number of people listed on the tax return LESS what you received last March - May, 2021, but not less than zero.   if what you entered into TT as what you received doesn't match the IRS records, they will adjust Line 30, which has the effect of reducing the refund / increasing what is due. 

 

Did your earn more than $4300 in 2021? (excluding Social Security) that would mean he is not a dependent. 

michelemusickburns
Returning Member

Should we file an amended form or appeal?

Yes, we both checked our joint checking and savings accounts, and did not receive anything at all in 2021.  And $4,200 was the amount TurboTax calculated on line 30. Our son only receives Social Security Disability (since the age of 18), and he is 100% dependent on us for care. He is blind, nonverbal, wheelchair-bound with no purposeful function of hands, head, or basically his entire body, and intellectually/cognitively impaired. He receives less than $1,000/month, and that money is used for specific items we've purchased/constructed for him and his care (clothing, handicap van, building on a HCA bathroom for him, installing an overhead lift in our home, etc.) I think our best bet is through the Taxpayer Advocate Service, although they website says they're backed up as well.

michelemusickburns
Returning Member

Should we file an amended form or appeal?

 He is blind, has cerebral palsy, is nonverbal, wheelchair-bound with no purposeful function of hands, head, or basically his entire body, and intellectually/cognitively impaired, with no hope of improvement. He requires 100% care.

 

Thanks for your answers! We will be contacting the Taxpayer Advocate service.

Should we file an amended form or appeal?

@michelemusickburns - one more thing, and this could save a lot of hassle.... what every adjustment I've seen on these boards boil down to is what the taxpayer entered as received for the stimulus last spring. That spawns one of two issues.

 

1) the taxpayer just didn't enter what was received correctly so it does not match the IRS records.  that is why I implore a review of the bank statements and not go off memory.  

 

2) the taxpayer indeed did not receive the stimulus, but since the IRS adjusted the return, taht means they think they sent it to you, the old 'lost in the mail' syndrome.  The way to solve this is to send in a tracer form and get the US Treasury to determine if the check was cashed or not. 

 

https://www.irs.gov/pub/irs-pdf/f3911.pdf

 

what did the letter from the IRS actually state? did it really specifically state they denied your son as a dependent? or did they just state they adjusted the Recovery Credit and listed 6 potential reasons... I just hope you are not going down the wrong 'rat whole!" 

 

 

Should we file an amended form or appeal?

Did they deny the whole 4200 or just his 1400? Sounds like the IRS thinks they already sent it to you last year. You didn't get any letters 6475 saying how much they sent you?  You should each get a letter for half (so 2100 each).

 

Check your IRS account (both accounts if married)

Your Online Account | Internal Revenue Service

 

If the IRS thinks they sent it to you but you didn't get it request a trace for a missing third Stimulus payment

https://www.irs.gov/newsroom/questions-and-answers-about-the-third-economic-impact-payment-topic-j-p...

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