Error on amended 2015 return

[aem1337]

Hello,

Last year I had a cpa prepare my taxes for 2018, and also amended returns for 2015, 2016, and 2017 as I had made a large error on each of those related to depreciation of an asset.

The tax preparer made a mistake on my 2015 amended return (Essentially unchecked that I had health insurance) and I did not catch it until I received a letter from the IRS in July, mentioning a penalty for $1540 and deducting that from my new refund. I soon found out it was lack of health insurance penalty. After speaking to the CPA’s office, they sent a letter to the irs, and my amended return was “pending” for 16 weeks. In January I finally received a response from the IRS; my chance to amend the 2015 return expired because it was past 3 years. I called and spoke to the cpa office again. They sent another letter essentially asking the IRS to grant an exception and send me the money as it was their fault. I have not heard anything since. 

What are my options? Is there any chance the IRS will send me the money owed to me? Do I have a better chance demanding it from the cpa since it was their mistake? 

Thanks for any advice! 

[rjs]

The deadline for getting a refund from an amended return is set by law. The IRS cannot grant an exception. Try to get the CPA to compensate you for the error.

[aem1337]

Thank you. I had a feeling it wouldn't be as easy as asking the IRS to grant an exception due to the accountant's error. Of course, they couldn't have made the mistake on tax year 2016 and 2017!

[aem1337]

Update! I received a letter from the IRS in July that said "we considered your protest and the evidence and arguments...we're allowing the full amount of your claim." I was pleasantly surprised!

Apparently the letter from my CPA worked. I received my check yesterday, including interest earned.