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Can an Estate Tax 706 be amended?
Anonymous1 views3 answers
Our mother passed away in 2003, we filed the taxes based on the things we found she had. Probate finally closed in 2008, 5 years later, due to multiple law suits and a Federal Court case. 1 Federal Judge and 2 Circuit Court judges stated she was NOT the owner of three insurance policies that we had paid taxes on in her 706. I am told there is an exception to the rule of 3 years statute of amending a 706, due to the government being unjustly enriched. Is there and where can I find this information?
Yes, you file another Form 706 and write "supplemental information" across the top of the form and attach the original pages 1, 2, and 3 of the original filed form 706.
Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.
Generally refund claims (amended returns)must be filed within three years of the date of the original return, or 2 years from the payment of the taxes. Unfortunately you should have filed a "protective claim" with the IRS before the period expired even though you didn't yet know the outcome of the lawsuit.
It is possible that if you sent some letters to the IRS mentioning the problem it might be considered an "informal" refund claim which could get around the 3/2 year rule. If there are significant funds involved you should meet with a tax attorney, and get his/her opinion. This is not a do it yourself project.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Dennis Brager is a Tax Attorney, and a State Bar Certified Tax Specialist licensed to practice law only in the State of California. Responses are based solely on California law and Federal Tax Law unless stated otherwise. Any federal tax advice contained in this communication is not intended, nor written to be used, and may not be used, for the purpose of (i) avoiding penalties that may be imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein
It's too late for you to claim a refund.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
