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Irs 870 is Form: What You Should Know
Refund Claims in Tax Court — IRS Jun 21, 2022 — The IRS can deny a refund claim for a tax deficiency if the taxpayer files a Form 870-AD because the liability was based on a false or fraudulent return (such as a false or fraudulent amended return). The IRS can deny a refund claim against a creditable child tax credit or a dependent tax credit if: · The refund liability arose from the non-filed tax return and the income, deductions, credits, or items on the other tax return are the same, or the same as, but not greater than, those on the tax return on which the refund is sought. In determining whether a refund should be granted under these conditions, the IRS will consider the facts and circumstances and may not accept an agreement to settle for less than the full amount owed. If the IRS determines the claim does not meet these requirements, the claim will be denied. If neither the refund nor the tax liability is based on a false or fraudulent return based on the same information entered on the earlier tax return, the taxpayer may also file a Form 870-AD. 8.6.2 Requesting a Refund for a Delinquent Tax Return — IRS Jun 19, 2022 — IRS can require a refund if the tax liability was based on a false or fraudulent return (such as a false or fraudulent amended return). On behalf of the taxpayer, the taxpayer may sign a Form 870 to request a refund of the tax liability of the erroneous taxable year. However, the tax return in which the refund request is made will be considered the delinquent tax return for the purpose of reviewing and determining the amount of the refund. The Form 870 should be signed and submitted to the address listed for IRS by the debtor. For more information about Form 870, refer to the instructions in the Notice of Federal Tax Court Rule 1.1, Excess Collection File (SF) Tax Cases. 8.6.
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