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Consequences for Not Filing Tax Returns
QUERY
Dear Attorney Williams:
I have failed to file my tax return in a timely manner and the statute of limitations has expired on
the return which is over $20,000. My reason (for not filing the return) is I have Diabetes Mellitus. I
live alone and I am trying to manage this disease. I did not realize that the return was not filed
and I am having some problems remembering things which is somewhat embarrassing for me
to admit. Doctors are aware of this problem that is associated with the disease - MCI, Mild
Cognitive Impairment - but testing for it takes time, more than I have to meet the deadline for
filing in US Federal District Court. What should I do about the tax return?—Reader
SNAPPY SOLUTION
Dear Reader:
Contact a certified public accountant or a company that handles filing taxes in your local area
immediately. Based on your query, I’m not certain if you are stating that you are owed a refund of
$20,000 or if you owe the IRS that amount. Therefore, I’ll give you a couple examples that may
address your issue.
The IRS has a statute of limitation of three years to issue a refund and audit an individual’s tax
return, after the return has been filed. The agency also has 10 years to collect any taxes that are
due. Look to US Code § 6501 Limitations on assessment and collection for the federal laws on
the time period the IRS has to take action relating to tax issues.
Reader, if you have not filed your tax returns, and you owe the IRS $20,000, your situation will
likely fall under the exception of US Code § 6501 which states if an individual fails to file a return,
“the tax may be assessed, or a proceeding in court for the collection of such tax may be begun
without assessment, at any time.”
If you are due and owed $20,000, which covers a return that should have been filed, for example
on April 15, 2000, the IRS is not obligated to pay you the refund because the returns were not
filed in a timely fashion. The three year statute of limitation would have ended March 15, 2003.
If I can be of further assistance, please do not hesitate to e-mail me.
The Legal Digest & More is designed to provide general legal information and should not be
used to replace the advice of your attorney. Please contact your attorney for legal advice.
About Us
About the Legal Digest
My name is Keshya Williams and I am the editor and publisher of the Legal Digest
print magazine. I'm a licensed attorney, authorized to practice law in the state of
Florida since 1997.
The Legal Digest print magazine was established in 2005 and the online web site
has existed for 13 years, since 1997, as a means to answer legal queries for
persons who need legal help quickly.
In addition to the Legal Digest, my credentials include being a legal columnist for a
number of newspapers in Florida since 1997 and owning a law firm, Williams Law
Firm, LLC.
Currently, I work as a pre-law professor in Tallahassee, Florida. My education and
practical work experience have left me with the social and research skills and
analytical capabilities to assist you with your legal questions expeditiously.
Disclaimer
The Legal Digest & More, LLC, the LegalDigestOnline. com and it’s associates should be used as a source of information and will not replace an attorney. Consult your attorney for legal advice and representation.
The hiring of an attorney is an important decision and should not be based solely upon advertisements. Before you make a decision, please contact Attorney Keshya Williams or all other attorneys on the LegalDigestOnline. com for free written information about their experience and the Legal Digest & More.
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