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IRS.GOV "If You File A Fraudulent Return, Keep Tax Records Indefinitely..." (
IRS ^ | 7 July 2010 | Robert A Cook

Posted on 07/08/2010 8:14:31 AM PDT by Robert A Cook PE

The following are the IRS official record retention requirements. Please remember to follow them explicitly when you file a fraudulent tax return; or if you forget to file a tax return, remember to file your records indefinitely.

"Note: Keep copies of your filed tax returns. They help in preparing future tax returns and making computations if you file an amended return.

1. You owe additional tax and situations (2), (3), and (4), below, do not apply to you; keep records for 3 years.

2. You do not report income that you should report, and it is more than 25% of the gross income shown on your return; keep records for 6 years.

3. You file a fraudulent return; keep records indefinitely.

4. You do not file a return; keep records indefinitely.

5. You file a claim for credit or refund* after you file your return; keep records for 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later.

6. You file a claim for a loss from worthless securities or bad debt deduction; keep records for 7 years.

7. Keep all employment tax records for at least 4 years after the date that the tax becomes due or is paid, whichever is later.


TOPICS: Constitution/Conservatism; Government
KEYWORDS: duh; irs; oblivious; wtf
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To: Beelzebubba
I know that you replied to me, because you don't understand what a non-sequitur actually is.
61 posted on 07/08/2010 3:33:38 PM PDT by 1rudeboy
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To: Robert A. Cook, PE

Hmmm. I wonder if little Timmy G has all his records....Since he was 21 (Assuming Libtards too lazy to work before graduating college)


62 posted on 07/08/2010 3:37:20 PM PDT by King Moonracer (Bad lighting and cheap fabric, that's how you sell clothing.....)
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To: 1rudeboy

Buzz off, @$$****.


63 posted on 07/08/2010 4:33:15 PM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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To: Beelzebubba

Don’t say stupid things about subjects you know little about, and you’ll never see me again.


64 posted on 07/08/2010 4:36:43 PM PDT by 1rudeboy
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To: 1rudeboy

Exactly ,,, doesn’t make sense to me either . You do get it .


65 posted on 07/09/2010 4:23:49 AM PDT by lionheart 247365 (-:{ GLEN BECK is 0bama's TRANSPARENCY CZAR }:-)
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To: 1rudeboy

Oddly, you never once actually demonstrated any error in my post. You’re just a boorish IRS defender who is a little too comfy cozy with abusing government agencies.

If you care to reply with any hope of changing my mind, as opposed to making me think you are a jerk. Quote my specific words you believe are in error, and make a case for why they are.

Otherwise, buzz off, because I’m not interested in dealing with trolls.


66 posted on 07/09/2010 7:51:08 AM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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To: Beelzebubba

Oh, shut up. All you have demonstrated is that you have no clue about IRS legal procedure. When the time comes for you, get a lawyer. Please, for your own sake.


67 posted on 07/09/2010 4:31:22 PM PDT by 1rudeboy
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To: 1rudeboy

Can you even read?:

Quote my specific words you believe are in error, and make a case for why they are.

Otherwise, buzz off, Troll.


68 posted on 07/09/2010 4:57:20 PM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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To: Beelzebubba
I dealt with one of your misconceptions in my comment #58. Your typical IRS C.I.D. attorney has 30-50 referrals on his or her desk at any given time. He or she will "take" 5-7 of them. Your friggin' "they will threaten me with a criminal prosecution" made-for-TV fantasy simply doesn't happen. The IRS won't come after you in criminal (federal) court unless it knows it has your balls nailed to the wall. It's not worth the (or their) time.

(And it's rapidly not becoming worth the time to explain it to you). This isn't "Judge Judy."

69 posted on 07/09/2010 5:03:49 PM PDT by 1rudeboy
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To: lionheart 247365

Some pencil pusher with a droll sense of humor must have made that change in the list of rules. Nobody’s yet spelled out any legal definition of “fraudulent” in this context, but I wouldn’t be surprised if it means something like an understatement of taxable income that the IRS believes was not an inadvertent mistake. Then, even if it’s been decades, the IRS can have you hauled into court to prove you did your tax return correctly after all, or at least that the incorrect return was an inadvertent mistake.

I keep returns and documentation all the way back to when I first filed them.


70 posted on 07/09/2010 5:05:46 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: Cicero
The statute of limitations has always been 7 years. Three years if no funny business is suspected, and 7 years if it is. So I have always kept my full back records for 7 years.

There are three federal statutes of limitations for civil tax audits: (1) 3 years from filing, normally; (2) 6 years from filing if you omit 25% or more of your gross income; or (3) no time limit at all if you never file a return, or if the IRS proves fraud by "clear & convincing" evidence.

The statute of limitaions for a criminal prosecution under the Internal Revenue Code is 6 years from the last criminal act.

71 posted on 07/09/2010 5:06:04 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: HiTech RedNeck
Nobody’s yet spelled out any legal definition of “fraudulent” in this context, but I wouldn’t be surprised if it means something like an understatement of taxable income that the IRS believes was not an inadvertent mistake. Then, even if it’s been decades, the IRS can have you hauled into court to prove you did your tax return correctly after all, or at least that the incorrect return was an inadvertent mistake.

I am a lawyer and I have actually litigated against the IRS in court.

The definition of "fraud" in tax law is, in essence, deliberately underpaying a tax you actually know that you owe. The courts have developed a list of "badges of fraud" that they will look at to determine if fraud has been proven; the list includes things like keeping two sets of books, asking people to pay your business in cash instead of by check, hiding your assets in names of nominees, manufacturing forged receipts to substantiate claimed deductions, and the like.

72 posted on 07/09/2010 5:16:37 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: HiTech RedNeck

I was audited once in 1993 for my 1987 return , they claimed I owed them still for that year . It took three years and $1500.00 for an Attorney to prove that they still owed me a little less than $200.00 when I refiled . During the 3 yr. battle they kept all my returns as partial settlement and attempted to attach my earnings . In the end they refunded all money with held with some small interest but did not pay the additional $200.00 they owed when I refiled .

This was done during the Clintoon Admin. when he paid a bounty to IRS agents for researching past returns for more money owed to the IRS .

I won my challenge but lost money proving that they don’t know their @$$ from a hole in Al Gore’s face .


73 posted on 07/10/2010 7:02:41 AM PDT by lionheart 247365 (-:{ GLEN BECK is 0bama's TRANSPARENCY CZAR }:-)
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To: 1rudeboy

Your friggin’ “they will threaten me with a criminal prosecution” made-for-TV fantasy simply doesn’t happen.


I guess I should take your word for it that they never threaten criminal prosecution to gain a tougher settlement, huh?


74 posted on 07/10/2010 8:22:00 AM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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To: Beelzebubba

Your comment that, “If you are accused of some kind of underpayment from long ago, and you tel the IRS you don’t have the records, they allege fraud . . . .” is simply wrong. There’s no other way to put it.


75 posted on 07/10/2010 8:29:27 AM PDT by 1rudeboy
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To: 1rudeboy

What is your authority?


76 posted on 07/10/2010 8:32:29 AM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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To: Beelzebubba

The 15 or 20 IRS attorneys that work at the Area Counsel’s office on Adams St. in downtown Chicago.


77 posted on 07/10/2010 8:38:49 AM PDT by 1rudeboy
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To: 1rudeboy

How do you get the taste of their shoe polish out of your mouth?


78 posted on 07/10/2010 8:40:52 AM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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To: Beelzebubba
There, there . . . just because you're ignorant of certain matters doesn't mean that others who see through your BS are bootlickers. (Although I can imagine why you feel that way . . . it must happen to you rather often).

I simply happen to have a good mix of drinking buddies. Yesterday, one of them brought a portable VCR into the bar and we were watching a video of him landing a 747 with no nose gear. Too bad you weren't there . . . you could have tried to give him a lesson about aeronautics. That would have been fun.

79 posted on 07/10/2010 8:49:15 AM PDT by 1rudeboy
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To: 1rudeboy

Your pride in drinking with IRS agents may be the last word.


80 posted on 07/10/2010 10:28:59 AM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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