Discussion:Last Day for Filing 2003 Tax Return

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Discussion Forum Index --> Tax Questions --> Last Day for Filing 2003 Tax Return


Jimmymack (talk|edits) said:

14 April 2007

Dlpahas (talk|edits) said:

14 April 2007
Last day is April 17, 2007.

Jimmymack (talk|edits) said:

14 April 2007
What is the last day for filing a 2003 Form 1040 showing a refund if the client did not file an extension request back in 2004? Is the last date for making the refund claim April 15, 2007 or does the taxpayer get until April 17, 2007 to file the 1040?

Lhhesscpa (talk|edits) said:

14 April 2007
I think it would normally have been Apr. 15. But since that's a Sunday the deadline would be Apr. 16. I don't think the Apr. 17 due date for 2007 returns has anything to do with the SOL for 2003. To reinforce that statement, I also seem to remember reading that employment tax deposits are due on Apr. 16, not the 17th. -- Larry Hess, CPA, Albuquerque, NM - Talk to me

Wwtaxes (talk|edits) said:

14 April 2007
I couldn't find a definitive deadline, so I made my EFTPS payments today. It showed a clearing date of 4/16, which tells me that they must consider that a business day. Of course, it could just be in the programming...

Jimmymack (talk|edits) said:

14 April 2007
Assuming that the client did not file an extension request for 2003, the last day to apply for a refund by filing Form 1040 would be Saturday, April 14, 2007. Since the return is late, the 2 day extension under Sec. 7503 does not operate to extend the 6511(b) lookback period by 2 days. See Rev. Rul. 2003-41, situation 2.

Wrose73 (talk|edits) said:

16 April 2007
Why would it be the 14th and not the 15th?

Wrose73 (talk|edits) said:

16 April 2007
The IRS may have put out an inaccurate press release on March 5th, stating that "Unclaimed refunds totaling approximately $2.2 billion are awaiting about 1.8 million people who failed to file a federal income tax return for 2003, the Internal Revenue Service announced today. However, in order to collect the money, a return for 2003 must be filed with an IRS office no later than Tuesday, April 17, 2007."

http://www.irs.gov/newsroom/article/0,,id=168422,00.html

In light of the press release, perhaps they will cut some slack to the late filers who relied on it when filing their 2003 returns.

Ramfan (talk|edits) said:

16 April 2007
Thanks, I have one of those in my office. Taxpayer is in nursing home and family did not realize she had not been filing returns.

West2 (talk|edits) said:

18 April 2007
The IRS said they must have the return in their hands 3 years from the original due date, not postmarked by and not the due date of the 2006 return. The only exception is if an automatic extension was timely filed in 2003, then the 3 year date is extended to 10/15/2007. For instance, since April 15, 2007 was a Sunday, the IRS said they needed to begin processing the return which was in their hands before that date or the latest date to received the return which was Friday, April 13, 2007. Therefore, they gave me the street address to receive overnight mail and the return was sent on Thursday, April 12, 2007 to the street address so that the return could begin processing prior to the deadline. I lost a $1300 refund from the 2002 return by sending the return postmarked April 15, 2006, so I was sure to get the particulars. I would love to know if anyone knows otherwise via documentation.

TaxSolution (talk|edits) said:

18 April 2007
I think I know a little bit about this. Please see Pub. 556 page 13 under "Time for filing a claim for refund". 4/17/07 is THE DUE DATE FOR CLAIMING A REFUND. West2, I think you are wrong here. IRS does not need to have the return in their hands on the due date. Just think about it, do you really think IRS will process all the late returns within 2 days before the due date? That is impossible! I think the reason you lost your refund of $1300 is because you did not mail it by certified mail. If you just mail it by normal mail with postmarked 4/15/06, it might not be sufficent since IRS might open the mail and discard the envelope without even noticing the date. So always have proof.

Okie1tax (talk|edits) said:

18 April 2007
The way I read Rev Rul 2003-41 is that if a due date falls on Saturday, Sunday, or a holiday and the performance is on the next date that is not a Saturday, Sunday or holiday it is considered timely. To me that means that even though 4-15-2003 was on Tuesday, as 4-15-2007 was on Sunday and Monday was a holiday, Tuesday was the timely due date to file for a refund.

Also, filing an automatic extinsion to file does not extend the time to claim the refund because the payment of the taxes was considered to be done on 4-15 unless that was a Saturday, Sunday or holiday.

TaxMan6969 (talk|edits) said:

4 July 2008
TaxSolution, you are incorrect. If a taxpayer filed an extension for 2003 but never filed a return then the last day to file a claim for a refund will be the date the extension ended plus 3 years. In 2003, the automatic extension was 4 months so the last day to file a claim for refund would have been 8/15/07. An originally filed return would constitute a timely filed refund claim for purposes of Code section 6511(a). As such, section 6511(b)(2)(A) would apply and limit the amount of the refund to any taxes paid or deemed to be paid within the period immediately preceding the filing of the claim, equal to 3 years plus the period of any extension of time for filing the return. So an originally filed return on 8/15/07 would be limited to the amount of tax paid between 4/15/04 and 8/15/07. Since all taxes withheld throughout the year are deemed paid on the due date of the return, the refund for 2003 would have been allowed. Notice in Pub. 556 the use of the word "generally," which indicates that there can be exceptions.

I realize this is late and doesn't apply but I stumbled across this article while searching for a similar answer and felt compelled to create an account and answer the question.

Riley2 (talk|edits) said:

6 July 2008
The timely mailed is timely filed rule applies to late filed returns postmarked after 1/11/2001. See Reg §301.7502-1.

NYEA (talk|edits) said:

6 July 2008
The reg referenced by Riley was in TD 8932. That TD resulted from an IRS AOD accepting the results in Weisbart (CA2). IMO, the Weisbart decision contains one of the BEST lines of prose ever written by a jurist.

"Judge Learned Hand once described the Tax Code as a “fantastic labyrinth[ ]” whose words “merely dance before my eyes in a meaningless procession: cross- reference to cross-reference, exception upon exception...” ... Like Theseus of old we are compelled to enter this labyrinth — but without his ball of thread.

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