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Good afternoon @Delturba01 ,

Protective claims are filed to preserve the taxpayer's right to claim a refund when the taxpayer's right to the refund is contingent on future events and may not be determinable until after the statute of limitations expires. You are, essentially, extending the statute of limitations.

There is no specific IRS form to do this.   The filing can be formal or informal.  The claim must include the following:

• Identify fully, and clearly, the basis for which the claim (a credit or refund) is filed.
• The claim must include sufficient facts to apprise the IRS of the underlying reasons for the claim.
• The contingency, or contingencies, affecting this claim need to be fully described and identified.
• The year, or years, for which the claim is involved must be included.
• The amount of the contingent refund, if known or knowable, should be quantified.
• The claim must be signed, and dated, under penalty of perjury.
• The claim must be filed before the expiration of the statute of limitations.

The form of the claim can be a pro-forma tax return, prepared and included as part of the details noted above.  The return must state “Protective Claim” written across the top of the first page.

Here is a great article regarding the filing of a protective claim.

Thank you for reaching out to the TurboTax Community with this great question!