Washington, DC asked in Tax Law and Collections for Pennsylvania

Q: is there anyway to fight back against the IRS regarding my situation ?

for 2020 I owed $7200 on April 15th to the IRS but I accidentally dated it for 2021 and now they refuse to transfer the $7,200 from 2021 to 2020. so essentially my $7,200 is just sitting there being unused because im no longer self employed so I no longer need to make quarterly payments. I'm being hit with penalties and interest for taxes that I paid. can they do this and do I have any chance to fight back and win?

I have contacted several tax advocates but they don't answer the phone or return phone calls(probably covid related traffic)

Related Topics:
2 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Collections Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: (1) If you can find the right person to talk with in the IRS, your problem should be resolvable. When you contact the IRS, keep asking for the next higher supervisor until you get someone who will work with you.

(2) Other than that, on January 1st, 2022, file your 2021 return, show the $7,200 as well as your withholdings for '21, and request a refund. When you get the refund, immediately send a check back to the IRS for the "unpaid" 2020 taxes.

Oh, and pay attention to how you make out the check, lol. Of course, unless you can find a path under (1), you will still have to pay the accrued interest and penalties. If you don't do that, the IRS will keep on accruing interest and penalties.

Linda Simmons Campbell
Linda Simmons Campbell
Answered
  • Tax Law Lawyer
  • Burlington, CT

A: Try calling the Taxpayer Advocate. They might be able to help you get this resolved.

Here is a link to find the contact number in your area.

https://www.irs.gov/advocate/local-taxpayer-advocate

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.