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gaustin1000
New Member

Previously a specialist - Macuser said you cannot sue the IRS, but that appears to be incorrect according to statute and precedent. Under Kaffenberger v. U.S., and similar precedent a filed is entitl

 
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Opus 17
Level 15

Previously a specialist - Macuser said you cannot sue the IRS, but that appears to be incorrect according to statute and precedent. Under Kaffenberger v. U.S., and similar precedent a filed is entitl

You have to identify a specific cause of action, what will it be?  There is no statutory requirement that the IRS process your tax return and pay your refund in any particular time frame.  Therefore, there is no law you can sue them for breaking, and no deadline you can sue them for failing to honor.  Even under a theory that the government is required to conduct all its business in a timely manner, you're going to have a difficult time arguing that timeliness is breached given the unusual circumstances.  

 

The IRS is required to pay interest on refunds that are paid more than 45 days late, and they are so paying.  

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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5 Replies
xmasbaby0
Level 15

Previously a specialist - Macuser said you cannot sue the IRS, but that appears to be incorrect according to statute and precedent. Under Kaffenberger v. U.S., and similar precedent a filed is entitl

You do not say how long ago you filed your tax return or whether you filed by mail or if you e-filed.  

 

If you mailed your return:

 

MAILED RETURNS

 

The IRS has just started to work through over 11 million pieces of mail that have been piling up in trailers during the pandemic.  All you can do is watch the IRS refund site to see when your return makes it to the surface and goes into processing. Sorry.

 

Per the IRS website IRS Operations During COVID-19: Mission-critical functions continue:

 

IRS operational status and alternatives

Processing Delays for Paper Tax Returns: Taxpayers should file electronically through their tax preparer, tax software provider, or IRS Free File

We’re experiencing delays in processing paper tax returns due to limited staffing. If you already filed a paper return, we will process it in the order we received it.

Do not file a second tax return or contact the IRS about the status of your return.

 

If  you mail a tax return (or a payment) to the IRS, it is a good idea to use a mailing service that will track it like UPS or certified mail so you will know it was received.

 

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s. 

 

TurboTax will not know anything about your mailed return, and will continue to show “Ready to Mail” on your account.  TurboTax will not know that you put your tax return in an envelope and took it to a mailbox.  TurboTax does not get updates on mailed  (or e-filed) returns.

 

When the IRS finally opens its mail and begins to process mailed returns you can check the status on the IRS site. https://www.irs.gov/refunds

 

State returns have to be mailed to the state.

https://ttlc.intuit.com/questions/1899433-how-do-i-track-my-state-refund

 

If you e-filed--do you know if your e-fie was accepted:

 

Did you click a big orange button that said “Transmit my returns now?”

 

When you e-file your federal return you will receive two emails from TurboTax.  The first one will say that your return was submitted.  The second email will tell you if your federal return was accepted or rejected.  If you e-filed a state return, there will be a third email to tell you if the state accepted or rejected your state return.

 

First, check your e-file status to see if your return was accepted:

https://turbotax.intuit.com/tax-tools/efile-status-lookup/

If the IRS accepted it, what does it say here? 

https://www.irs.gov/refunds           Or does your account say “Ready to Mail?”

 

Note: If it says “Ready to Mail” or “Printed” that means YOU have to mail it yourself.  TurboTax does not mail your tax return for you.

 

 

If your e-file was accepted:

Waiting is frustrating—refunds are taking longer in many cases.  These are not normal times.  It is not possible for TurboTax to speed up the IRS for you.   The IRS is short staffed; and they are processing millions of tax returns at the same time that they have been burdened with the task of processing millions of stimulus checks. 

 

To check on regular tax refund status via automated phone, call 800-829-1954. (This line has no information on Economic Impact Payments.)

 

 

https://turbotax.intuit.com/tax-tools/efile-status-lookup/

TurboTax gives you an estimated date for receiving your refund based on a 21 day average from your date of acceptance, but it can take longer.  Many refunds are taking longer during the pandemic. 

 

Once your federal return has been accepted by the IRS, only the IRS has any control. TurboTax does not receive any updates from the IRS. Your ONLY source of information about your refund now is the IRS.

You need your filing status, your Social Security number and the exact amount  (line 20 of your Form 1040) of your federal refund to track your Federal refund:   

https://www.irs.gov/refunds

To track your state refund:    

https://ttlc.intuit.com/questions/1899433-how-do-i-track-my-state-refund

 

https://ttlc.intuit.com/questions/1901548-why-do-some-refunds-take-longer-than-others

If you chose to have your TurboTax fees deducted from your federal refund, that will take some extra time, while the third party bank handles the refund processing.

https://www.irs.gov/refunds/tax-season-refund-frequently-asked-questions

https://ttlc.intuit.com/questions/2840013-does-accepted-mean-my-refund-is-approved

https://ttlc.intuit.com/questions/2724106-my-return-is-accepted-but-still-not-approved-is-there-a-pr...

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
xmasbaby0
Level 15

Previously a specialist - Macuser said you cannot sue the IRS, but that appears to be incorrect according to statute and precedent. Under Kaffenberger v. U.S., and similar precedent a filed is entitl

https://ttlc.intuit.com/community/internal-revenue-service/help/will-i-get-a-2019-tax-interest-refun...

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
macuser_22
Level 15

Previously a specialist - Macuser said you cannot sue the IRS, but that appears to be incorrect according to statute and precedent. Under Kaffenberger v. U.S., and similar precedent a filed is entitl

Go ahead and sue if it makes you feel better.  A lawsuit against the IRS will probably cost between $20,000-$100,000 and for a refund will probably fail.

 

Perhaps I should have said that it is not reasonable to sue the IRS for a refund (unless it is extraordinary circumstances).   If you have such circumstance then you should consult a tax attorney for advice.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Anonymous
Not applicable

Previously a specialist - Macuser said you cannot sue the IRS, but that appears to be incorrect according to statute and precedent. Under Kaffenberger v. U.S., and similar precedent a filed is entitl

I think technically you don't sue the IRS you sue the US Government 

notice that it's Kaffenberger vs the US  - not the IRS. 

Opus 17
Level 15

Previously a specialist - Macuser said you cannot sue the IRS, but that appears to be incorrect according to statute and precedent. Under Kaffenberger v. U.S., and similar precedent a filed is entitl

You have to identify a specific cause of action, what will it be?  There is no statutory requirement that the IRS process your tax return and pay your refund in any particular time frame.  Therefore, there is no law you can sue them for breaking, and no deadline you can sue them for failing to honor.  Even under a theory that the government is required to conduct all its business in a timely manner, you're going to have a difficult time arguing that timeliness is breached given the unusual circumstances.  

 

The IRS is required to pay interest on refunds that are paid more than 45 days late, and they are so paying.  

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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