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IRS denied large refund despite mailing by 3-year deadline - options to contest?

I sent both my federal and state tax returns via certified mail on the absolute final day of the 3-year deadline (plus extension) to claim my refunds. My state refund came through no problem, but the IRS sent me a denial letter saying they couldn't pay my refund because my return was filed after the deadline. The crazy thing is, they specifically mentioned that the last day to file was the EXACT SAME DAY I mailed it (which I can prove with my certified mail receipt). The letter gave me a window to appeal their decision, but I completely missed that timeframe. It also mentioned I have up to 2 years from the date of their letter to claim the refund, suggesting I'd need to file a lawsuit by then to preserve my claim. I have the receipt showing I mailed it on time - literally on the exact day they say was the deadline. It seems like a clear-cut case where I'd win in court. I think I could even request summary judgment, but I'm not a lawyer and can't afford to hire one out of pocket. Here's what I'm wondering: If I hire a tax attorney to take this to tax court and win, would I be entitled to recover attorney fees and interest? Do tax attorneys typically take on cases like this on contingency when victory seems almost guaranteed? The refund is over $12,000, so I'm definitely not willing to just give up. I was also thinking about sending a letter directly to the appeals department with a copy of my receipt showing timely mailing, and citing the relevant case law about mailbox rule (that the date mailed is considered the filing date). I'd point out that going to court would waste everyone's time and resources. If I go this route, should I also explicitly request interest?

Kristian Bishop

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Not sure if this helps, but I had a similar situation a few years back. The key thing I learned is that certified mail gives you proof of MAILING, but not proof of what was INSIDE the envelope. The IRS sometimes argues that even though the envelope was timely, the return inside wasn't complete. Did your denial letter mention anything specific about the contents of your return being incomplete? Sometimes they use that as a technicality. If they're only disputing the mailing date, you have a much stronger case.

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Aaron Boston

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The denial letter only mentioned the filing deadline. There was no mention of incomplete contents - just that they received it after the cutoff date for refunds, even though I mailed it on the exact deadline day they specified. This makes me think it's purely about the timing and not the contents.

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Kristian Bishop

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That's actually good news! When they only dispute the timing and not the contents, the mailbox rule applies much more straightforwardly. The courts have consistently upheld that the postmark date is what matters, not when the IRS physically receives or processes it. Since you have certified mail proof with the right date, I think your chances are excellent either through the appeals process or tax court. The IRS knows they'll lose this type of case, so they often settle once they see proper documentation.

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Kaitlyn Otto

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A little shocked nobody mentioned Publication 5, "Your Appeal Rights and How to Prepare a Protest If You Don't Agree." Even though you missed the initial appeal window, you can still file what's called an "audit reconsideration" request. https://www.irs.gov/pub/irs-pdf/p5.pdf This is basically asking the IRS to take another look at your case based on new information (or in your case, information they may have overlooked - your certified mail receipt). Mail this to the EXACT address on your denial letter, not to a general IRS address. Include copies (never originals) of your certified mail receipt and a clear explanation citing IRC Section 7502 about timely mailing being timely filing.

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Axel Far

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Does this actually work though? I feel like the IRS just tosses these requests straight in the trash when you've missed the appeal deadline.

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Hattie Carson

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Actually, audit reconsideration requests do work! I used this exact process last year when the IRS denied my casualty loss deduction. The key is being very specific about what new information you're providing and why their original decision was wrong. In Aaron's case, the "new information" isn't really new - it's that the IRS apparently didn't properly consider his certified mail receipt when making their decision. The audit reconsideration process is designed exactly for situations like this where the taxpayer has clear documentation that contradicts the IRS's position. The success rate is actually pretty good when you have solid evidence like certified mail proof. The IRS knows these cases are losers for them in tax court, so they often just fix the error administratively rather than fight it.

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Muhammad Hobbs

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Anyone know if using different brokerages for the traditional ira contribution vs the roth conversion causes any issues? I contributed to a traditional ira at Vanguard but want to convert and have the roth at fidelity.

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Noland Curtis

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You can absolutely do the conversion between different brokerages, but it's a bit more complicated. You'll need to do a trustee-to-trustee transfer from Vanguard to Fidelity. Call Fidelity and tell them you want to do a Roth conversion from your Vanguard Traditional IRA. They'll handle most of the paperwork and walk you through it. Just be aware it might take longer than doing it all at one brokerage, so you might end up with more earnings that'll be taxable.

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Mei Wong

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Just want to add another perspective on timing - I've been doing backdoor Roth conversions for about 5 years now and have never waited more than a few days between contribution and conversion. My CPA has never raised any concerns about the step transaction doctrine, and I've never had any issues with the IRS. The key thing is proper documentation on Form 8606 as others have mentioned. Make sure you report the nondeductible contribution in Part I and the conversion in Part II. The $2 in earnings you mentioned is totally normal and expected - I usually end up with somewhere between $1-10 in gains depending on how quickly I can complete the conversion. One tip: if you're planning to do this annually, consider setting up both accounts at the same brokerage to make the process smoother. I do mine at Schwab and can complete the entire conversion online within their system, which minimizes the time the money sits earning taxable gains.

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Sofia Morales

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Thanks for sharing your experience! As someone new to this whole backdoor Roth process, it's really reassuring to hear from someone who's been doing it successfully for years. I'm definitely considering consolidating everything at one brokerage for next year to make it easier. Quick question - when you do the conversion online at Schwab, do you convert the exact contribution amount or do you wait to see what the balance is with any gains? I'm trying to figure out the best timing to minimize those taxable earnings while still being compliant with everything.

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Derek Olson

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I'm currently going through this same process! My congressman's office got me connected with a tax advocate about 10 days ago. The advocate called me within 48 hours which was a relief after months of getting nowhere with regular IRS phone lines. She explained that my case involves some additional verification steps that are causing the delay, but said she'd put a priority flag on it. Haven't gotten the refund yet but at least I finally feel like someone is actually working on it. The advocate told me to expect 3-6 weeks from our initial call, so fingers crossed! Will update this thread when I hear something.

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Keisha Brown

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That's encouraging to hear! 48 hours is pretty fast for getting that initial call - gives me hope since I'm still waiting for mine to reach out. The priority flag sounds promising too. Definitely keep us posted on how it goes! It's so helpful to hear from people going through the same thing right now instead of just horror stories from years ago. How did your congressman's office handle the handoff? Did they give you a direct number for the advocate or are you supposed to go back through them if you need updates?

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Amara Okafor

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Currently in week 3 of waiting after getting my tax advocate assigned through my congressman's office. The advocate was super responsive at first - called me the same day I got the referral and explained exactly what was holding up my refund (some identity verification issue that never got resolved properly). She said she'd expedite the verification process and estimated 4-6 weeks total. So far so good, though the waiting is still brutal when you really need that money! One thing that's helped my sanity is that she gave me her direct line and said to call if I don't hear anything by week 5. Having that direct contact instead of going through the general IRS nightmare phone system makes such a difference. Will definitely update when I get movement!

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Dmitry Kuznetsov

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That's so reassuring to hear you got a direct line! I'm still waiting for my initial call but this gives me hope that the advocates are actually responsive once they reach out. The identity verification holdup is frustrating but at least you know what the actual issue is now. I've been in limbo for months not even knowing why my refund was stuck. Definitely keep us updated - it sounds like you're on a good track with having that direct contact and clear timeline!

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Gianni Serpent

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Just wanted to add a practical tip for anyone dealing with foreign accounts - make sure you keep detailed records of your account balances throughout the year, not just at year-end! I learned this the hard way when I had to file FBAR. The form requires you to report the maximum value of each account during the year, and I had to scramble to get monthly statements from my home country bank to figure out the highest balance. Some banks charge fees for historical statements, so it's much easier to track this yourself. I now keep a simple spreadsheet with month-end balances for all my foreign accounts. Also, don't forget that if you have signature authority over accounts that aren't yours (like if you help manage a family member's account), those might need to be reported too under certain circumstances. The key is to start keeping good records from day one - it makes tax time so much less stressful!

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Keisha Jackson

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This is such valuable advice! I wish I had known about tracking maximum balances from the start. I'm just starting my H1B journey and already have accounts in two different countries. Quick question - do you use any specific apps or tools to track the balances, or is a simple Excel spreadsheet sufficient? Also, how do you handle currency conversions for the reporting? Do you convert to USD at each month-end or just at year-end when filing?

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Brooklyn Knight

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Great question! I just use a simple Excel spreadsheet - nothing fancy needed. I have columns for date, account name, balance in local currency, exchange rate, and USD equivalent. For currency conversions, I use the Treasury's exchange rates (you can find historical rates on their website). The IRS actually specifies that you should use these rates for FBAR reporting. I convert monthly when I update my spreadsheet rather than waiting until year-end - it's much easier to find the exchange rate for a specific date when you're doing it in real-time rather than trying to remember what rate to use 8 months later! One tip: if your home country currency fluctuates a lot against the USD, your maximum balance in USD might occur on a different date than your maximum balance in local currency due to exchange rate changes. So definitely track both the local currency amounts AND the USD equivalents throughout the year.

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Aisha Abdullah

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One thing I haven't seen mentioned yet is the importance of understanding your state tax obligations too! While everyone's focusing on federal requirements (which are absolutely crucial), don't forget that each state has different rules for resident vs non-resident taxation. Some states like Texas and Florida have no state income tax, so you're golden there. But others like California or New York will want their piece of your worldwide income once you're considered a resident for state purposes. State residency rules can be different from federal rules too - some states might consider you a resident based on where you spend most of your time, regardless of your visa status. I made the mistake of assuming state taxes would be simple and ended up owing unexpected money to my state. It's worth researching your specific state's requirements early on. Also, if you move between states during your H1B period, you might need to file multiple state returns for that year! Just adding this because dealing with federal taxes is complex enough without getting surprised by state obligations later.

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Keisha Taylor

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Pro tip: If you create an ID.me account, you can get your IP PIN online instantly instead of waiting for mail. Way easier tbh

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GalacticGuardian

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tried that but kept getting errors. guess im technology challenged lol

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Paolo Longo

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id.me is straight garbage, took me 6 tries to verify ๐Ÿคฎ

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Mateo Hernandez

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I had the exact same issue last month! Mine showed up in Informed Delivery on a Wednesday but never actually arrived. I ended up filing a missing mail report with USPS online and also called the IRS IP PIN line. The USPS report didn't help much, but after about 5 days I was able to get through to the IRS and they issued me a new one over the phone after verifying my identity. Definitely don't wait too long - tax season is already stressful enough without this added headache!

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