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Ask the community...

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Jibriel Kohn

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I'm so sorry you're going through this - it's a horrible feeling when you realize someone you trusted has potentially committed fraud using your name. I went through something similar a few years ago and want to share what I learned. First, definitely file that Form 14157 complaint against the preparer as others mentioned. But also consider contacting your state's Board of Accountancy or licensing board if your preparer is licensed - they take these complaints seriously and can revoke licenses. When you file your amended returns, include a detailed letter explaining the situation. I wrote something like "I recently discovered that my tax preparer included fictitious business information on my returns without my knowledge or consent. I am voluntarily amending to correct these errors and have filed a complaint with the IRS regarding this preparer's conduct." The IRS was actually pretty understanding in my case once I showed I was proactively fixing the problem. I had to pay back the excess refund plus interest, but they waived most penalties because I demonstrated good faith by coming forward voluntarily. Document everything - keep copies of all communications, your original returns, and evidence that you don't actually have the business claimed on your return. This will be crucial if the IRS has questions later. You're doing the right thing by addressing this now rather than hoping it goes unnoticed. The IRS has gotten much better at catching these patterns, so it's better to be proactive.

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Zoe Walker

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Thank you for sharing your experience - it's really helpful to hear from someone who actually went through this process. I'm curious about the timeline - how long did it take to resolve everything once you filed the amended returns and complaint? And did the IRS contact you directly during the process, or did you mostly communicate through written correspondence? I'm trying to prepare myself for what to expect once I start this process.

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@Jibriel Kohn, great question about the timeline! In my case, the amended returns were processed within about 8-12 weeks, which is typical. The IRS sent me letters acknowledging receipt of both the amended returns and the preparer complaint. For the complaint investigation, that took much longer - about 6-8 months before I heard back. They actually called me to ask some follow-up questions about my interactions with the preparer and to confirm I had no knowledge of the fictitious business. Most communication was through mail, but they did call once during the investigation. The key thing is to respond promptly to any IRS correspondence - they're usually pretty reasonable when you're being cooperative and proactive about fixing the problem. One tip: keep detailed records of when you mail everything and use certified mail for important documents. It helps establish your timeline of good faith efforts to correct the situation.

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This is absolutely a serious situation that needs immediate attention. As someone who works in tax compliance, I can tell you that what you're describing - creating fictitious Schedule C business losses - is one of the most common forms of tax preparer fraud. The good news is that you discovered this relatively quickly and can take corrective action. Here's my recommended action plan: 1. **Immediately stop using this preparer** - Don't let them file anything else for you 2. **Gather all documentation** - Keep copies of both returns, any communications with the preparer, and proof that you don't operate any business 3. **File Form 14157** to report the preparer to the IRS - This creates an official record 4. **File amended returns (Form 1040-X)** for both years - Include a detailed explanation letter 5. **Consider contacting the IRS Taxpayer Advocate Service** if you run into issues Regarding your concern about the preparer being notified of amendments - they typically aren't directly notified when you file 1040-X forms, but they may find out through other means if the IRS investigates them. You're wise to address this proactively. The IRS has sophisticated systems that flag these patterns, and voluntary disclosure generally results in much better treatment than being caught in an audit. While you'll likely need to pay back the excess refunds plus interest, acting in good faith by coming forward can help you avoid fraud penalties. Don't panic - you're taking the right steps to protect yourself.

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Jasmine Quinn

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This is exactly the kind of comprehensive advice I was hoping to find. @Amara Adebayo, thank you for laying out such a clear action plan. I have a follow-up question about the Taxpayer Advocate Service - when would be the right time to contact them? Should I wait to see how the IRS responds to my amended returns and preparer complaint first, or reach out to them immediately as part of my initial response? I want to make sure I'm not overwhelming the system with multiple contacts about the same issue, but I also want to make sure I have all possible protections in place given the seriousness of the situation.

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One thing I haven't seen mentioned yet is the importance of timing when it comes to investment interest deductions. If you don't have enough net investment income this year to fully deduct your HELOC interest, you can carry the excess forward indefinitely to future tax years. For example, if your HELOC interest is $3,000 but you only have $1,500 in qualifying investment income this year, you can deduct $1,500 now and carry forward the remaining $1,500 to use against future investment income. This is particularly helpful for buy-and-hold investors who might not generate much taxable income from their investments in the early years. Keep good records of any carryforward amounts - you'll need to track them on Form 4952 each year until they're fully used up. Also worth noting: if you're near the standard deduction threshold, run the numbers both ways. Sometimes it makes sense to realize some gains or take dividends in cash rather than reinvesting to boost your investment income and maximize the interest deduction.

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This is really helpful advice about the carryforward rules! I'm just starting out with using borrowed funds for investing, so I'm curious - when you mention "realizing some gains" to boost investment income, are there any specific strategies you'd recommend for timing this? Like, should I be looking at selling some winners near year-end if I have unused investment interest expense to carry forward? I'm trying to figure out the best way to optimize this over the long term while still maintaining my buy-and-hold strategy.

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Jamal Harris

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@Alexander Zeus Great question! The timing strategy really depends on your overall tax situation, but here are some approaches that work well: 1. **Tax-loss harvesting coordination**: If you re'doing tax-loss harvesting anyway, consider the timing. You might harvest losses early in the year and gains later, giving you flexibility to realize just enough gains to use up your investment interest carryforward. 2. **Dividend timing**: Some dividend-paying stocks let you choose between cash dividends and dividend reinvestment. Taking cash dividends in years when you have unused investment interest expense can help maximize the deduction. 3. **Rebalancing strategy**: If you rebalance annually anyway, time it for when you need the investment income. Sell overweight positions that have gains rather than just buying more of underweight positions. The key is not to let the tax tail wag the investment dog. I usually run projections in November to see where my investment income will land, then decide if it makes sense to realize some gains in December. Just make sure any gains you realize align with your long-term investment strategy - don t'sell great companies just for a small tax benefit! Form 4952 will help you calculate exactly how much additional investment income you d'need to maximize your deduction each year.

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Jamal Carter

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Great question! As others have mentioned, you can absolutely deduct HELOC interest as investment interest expense, but I want to add a few practical tips from my experience: **Documentation is everything**: Open a separate checking account just for your HELOC draws if possible. Transfer HELOC funds there first, then to your brokerage. This creates a crystal-clear paper trail that the IRS loves to see. **Consider the AMT implications**: If you're subject to Alternative Minimum Tax, investment interest deductions work differently. The AMT allows the deduction but calculates it using AMT investment income, which can be lower than regular tax investment income. **Don't forget state taxes**: Some states don't allow investment interest deductions even if the federal government does. Check your state's rules - you might be able to deduct federally but not at the state level. **Quarterly estimated payments**: If you're expecting a large investment interest deduction, remember it only helps if you're itemizing and it might affect your quarterly estimated tax payments. Don't get caught with an underpayment penalty. Keep excellent records from day one - it's much harder to reconstruct the paper trail later if you get audited. The IRS specifically looks for "tracing" of borrowed funds to investment use.

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Leo Simmons

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This is incredibly thorough advice! The separate checking account idea is brilliant - I wish I had thought of that when I started. I've been transferring directly from HELOC to brokerage, which works but your method would create an even cleaner audit trail. Quick question about the AMT implications you mentioned: Is there an easy way to estimate if I'll be subject to AMT this year? I'm single, make around $180k, and will have about $4,000 in HELOC interest to potentially deduct. I want to make sure I'm not overestimating the tax benefit if AMT kicks in. Also, great point about state taxes - I'm in California so I definitely need to check how they handle this deduction. Thanks for the heads up!

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LunarEclipse

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I've dealt with this exact situation multiple times! The "cost basis not reported to the IRS" checkbox is actually pretty common, especially for stocks purchased before 2011 when brokers weren't required to track cost basis for all securities. Here's what you should do: Use your own records to determine the cost basis and report it accurately on your tax return. When you enter these transactions in TurboTax, look for the option that says something like "Cost basis not reported to IRS" or similar - they have specific fields for this scenario. A few important points: - This won't trigger an audit just because the basis wasn't reported to the IRS - Make sure your sale proceeds match exactly what's on the 1099-B - Keep any documentation you have of your original purchase prices - If you're missing some records, try logging into your Fidelity account to see if you can access older statements or trade confirmations The key is to make a good faith effort to report the correct cost basis. Don't stress too much about this - it's a very routine situation that the IRS deals with constantly. Just be honest and thorough with your record-keeping.

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Harmony Love

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This is really helpful, thanks! Just to clarify - when you say "make a good faith effort," does that mean I can estimate if I can't find the exact purchase price? For example, if I remember buying a stock around a certain date but can't find the confirmation, can I look up what the price was that week and use that? I'm worried about being too far off from what I actually paid.

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Yes, that's exactly what "good faith effort" means! If you remember approximately when you bought the stock, you can absolutely look up historical prices for that timeframe and use a reasonable estimate. Many financial websites like Yahoo Finance, Google Finance, or your broker's platform have historical price charts going back years. Here's what I'd suggest: Look up the stock price for the week or month you think you bought it, and use either the closing price from the day you remember purchasing, or if you're not sure of the exact day, use an average price from that period. Document how you arrived at that number (like "estimated based on AAPL closing price of $150 on approximately 3/15/2019") and keep that note with your tax records. The IRS understands that perfect records aren't always available, especially for older transactions. As long as you're not wildly inflating your cost basis to avoid taxes, a reasonable estimate based on historical research is totally acceptable. The key is showing you made an honest attempt to determine the correct amount rather than just guessing randomly.

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Benjamin Kim

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This is such a common situation - you're definitely not alone in dealing with this! I went through the exact same thing with my Vanguard account last year and was equally stressed about it. The good news is that TurboTax handles this scenario really well. When you get to the investment section, there's a specific workflow for entering 1099-B transactions where the cost basis wasn't reported. You'll see checkboxes or dropdown options that let you indicate this situation, and then you can enter your own cost basis data. A couple of practical tips that helped me: - Double-check that your sale proceeds match the 1099-B exactly (that's the number the IRS definitely has) - If you use Fidelity's website, try looking under "Accounts & Trade" > "Account Features" > "History" - they often have trade confirmations going back several years - For any missing records, I created a simple spreadsheet showing how I estimated each cost basis with notes like "researched historical price on MarketWatch for approximate purchase date" The "cost basis not reported" checkbox is actually the IRS telling you they expect YOU to provide this information, not a warning that something's wrong. You're doing exactly what you're supposed to do by using your own records. Just make sure to keep documentation of how you determined your numbers, and you'll be fine!

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Aidan Hudson

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This is exactly the reassurance I needed! I've been losing sleep over this thinking I was doing something wrong. Your tip about checking Fidelity's history section is gold - I just logged in and found most of my old trade confirmations that I thought were lost forever. For the few transactions where I still can't find exact records, I'm going to follow your spreadsheet approach. It makes me feel so much better knowing this is routine and that TurboTax has specific workflows for it. Sometimes you just need to hear from someone who's actually been through it successfully. Thanks for taking the time to share such detailed advice - you probably just saved me from paying way more in taxes than I actually owe!

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One thing no one has mentioned - make sure you file in the right order! Start with the oldest year first and work forward. This is important because some tax attributes carry forward from year to year. If you have any business losses, capital losses, or credits that might carry forward, filing out of sequence can really mess things up.

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Aaliyah Reed

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This is super important! I learned this the hard way when I filed 3 years at once but did them in random order. Had to amend everything and it was a nightmare.

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Really glad to hear you're getting your life back on track! Six years of unfiled returns might seem overwhelming, but it's absolutely manageable and you're taking the right step by addressing it now. A few key points to keep in mind: Since you mentioned having steady W-2 income with proper withholding, there's a good chance you may have been owed refunds for some of those years (though you can only claim refunds for the last 3 years). The penalty situation might not be as bad as you think if you don't actually owe much. Before jumping into anything, I'd suggest requesting wage and income transcripts from the IRS for each of those years - you can do this online at IRS.gov. This will show you exactly what income the IRS has on file for you and help you gather any missing documents. It's free and can really help you understand your situation before you start filing. Given your income level and the fact that you had withholding, you might be able to handle some of the simpler years yourself using tax software for prior years, but definitely consider getting professional help for at least the first year to make sure you're doing everything correctly. The peace of mind is worth it, and they can often spot opportunities for penalty abatements or other relief you might not know about. You've got this! Taking action now is the hardest part, and it sounds like you're in a much better place to handle it than you were before.

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Amina Diop

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This is really solid advice! I'm in a similar situation (3 years unfiled) and had no idea about requesting those wage and income transcripts. That sounds like a great first step to see what the IRS already knows before I start panicking about what I might owe. @Samantha Hall - definitely echo what Savanna said about starting with the transcripts. It ll'give you a clearer picture before you decide whether to go the DIY route or get professional help. And honestly, it sounds like you re'handling this way better than I am - at least you kept all your W-2s! I m'still hunting through boxes trying to find mine.

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One thing that hasn't been mentioned yet is the importance of understanding how partnership distributions affect your basis calculation. I learned this the hard way when I received a large distribution from one of my real estate partnerships last year. When you receive distributions from the partnership, they reduce your tax basis but don't necessarily change your capital account. If your distributions exceed your basis, you could have immediate taxable gain even if the partnership itself is profitable and your capital account is positive. This is another reason why tracking your actual basis (not just relying on the capital account) is so important. I almost missed a taxable distribution because I was only looking at my capital account balance on the K-1, which showed I still had plenty of "equity" in the partnership. Your partnership agreement should specify how distributions are allocated and whether they're considered returns of capital or something else. Make sure you understand this before you receive any large distributions, especially if you're planning to take money out for other investments.

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Amina Sy

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This is such an important point that I wish I had understood earlier! I had a similar situation where I received what I thought was a "profit distribution" from my partnership, but it turned out to be a return of capital that reduced my basis below zero. The tricky part is that the timing of when you receive the distribution vs when the K-1 is issued can make it really confusing. I got a distribution in December but didn't get my K-1 until March, so I had no idea it was going to create a taxable event. Does anyone know if there's a way to estimate your basis during the year so you can plan for distributions better? It seems like waiting until you get the K-1 to find out the tax consequences is too late for planning purposes.

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Great question about tracking basis during the year for distribution planning! I've found a few approaches that work well: 1. **Quarterly basis estimates**: I created a simple spreadsheet that tracks my beginning basis, then adds/subtracts items as they occur during the year. I add my estimated share of partnership income (based on monthly/quarterly reports from the partnership) and subtract any distributions I receive. 2. **Partnership reporting**: Better-managed partnerships will often provide quarterly or semi-annual statements that include estimated basis calculations for each partner. If your partnership doesn't do this, it might be worth asking them to start - especially for partnerships with active distribution policies. 3. **Conservative cushion approach**: Since distributions that exceed basis create immediate taxable gain, I always assume my basis is lower than my rough calculations suggest. I try to keep a cushion of at least 20-30% of any planned distributions in my estimated basis before taking money out. The key is getting regular financial reports from your partnership so you can estimate current year income/losses. Most real estate partnerships should be providing at least quarterly updates on property performance, which you can use to estimate your share of partnership income for basis calculations. It's definitely not perfect, but it beats the surprise of finding out in March that your December distribution created taxable income!

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This is incredibly helpful, thank you! I'm new to partnership investments and just received my first K-1 last month. The quarterly basis tracking spreadsheet idea sounds perfect for my situation since I have distributions scheduled throughout the year. Quick question about the "conservative cushion approach" - when you say keep 20-30% cushion, do you mean you avoid taking distributions if they would use more than 70-80% of your estimated basis? I want to make sure I understand this correctly since I definitely don't want any surprise taxable events. Also, is there a standard format or template you'd recommend for the tracking spreadsheet? I'm decent with Excel but not sure what columns/calculations would be most important to include for partnership basis tracking.

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