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One thing to consider - even with a parenting plan that specifies who claims the kids, the IRS will still apply their own tiebreaker rules if both parents claim them. The parenting plan helps show intent and agreement, but the IRS's main concerns are: 1. Where did the kids physically spend the most nights during the tax year? 2. If that's equal, which parent has the higher AGI? I found this out the hard way when my custody agreement said I could claim our daughter, but my ex's house was technically her primary residence (she spent more nights there). The IRS sided with my ex despite our agreement saying otherwise. Also, keep in mind that intentionally disregarding a custody agreement for tax purposes isn't automatically "tax fraud" in the IRS's eyes - it's a dispute about qualification. But repeatedly claiming a dependent when clearly not entitled to could potentially be viewed as a knowing misrepresentation.
This is so important to understand! The IRS doesn't automatically enforce custody agreements. Their tiebreaker rules are what matter legally for tax purposes, regardless of what's in your parenting plan. Though in most cases, a well-written parenting plan will align with the IRS rules.
I've been through a similar dependent dispute, and from what I've learned, the IRS typically takes 4-12 months to resolve these conflicts. The fact that you received your refund doesn't mean they've made a determination yet - they process returns first, then audit later. A few key points based on my experience: 1. **Documentation is crucial** - You did the right thing including the parenting plan and AGI proof with your return. Keep copies of everything, plus any additional records showing where the children actually lived (school records, medical records, etc.). 2. **The "night test" matters most** - Even with a custody agreement, the IRS will ultimately look at where the children spent the majority of nights during the tax year. If your partner had the kids for more than half the year AND has higher income, you're in a strong position. 3. **Communication timeline** - In my case, it took about 7 months before the other party received an IRS notice. I never got any communication until much later when they confirmed the resolution in my favor. 4. **Fraud vs. dispute** - Unless there's clear evidence of intentional deception (like fabricated documents), the IRS usually treats these as qualification disputes rather than fraud cases. The conflict is already flagged in their system. The waiting is definitely stressful, but it sounds like you've done everything correctly. Just keep your documentation organized and be patient with their process.
Has anyone mentioned Form 8824? If this distribution is part of a partnership dissolution or restructuring, you might need to report it as a like-kind exchange. I had a similar situation and my CPA insisted we needed this form.
Form 8824 wouldn't apply here. That's for like-kind exchanges under Section 1031. A partnership distribution of property to a partner isn't a like-kind exchange - it's governed by the partnership distribution rules under Sections 731-737. Your CPA might've been confusing this with a different transaction.
I've been through several partnership property distributions and want to emphasize something that often gets overlooked - make sure you're also considering the impact on the remaining partners' capital accounts and basis adjustments. When property gets distributed, the partnership needs to make corresponding adjustments to all partners' capital accounts under Section 704(b). If you have a Section 754 election in place (which many partnerships forget they have), you'll also need to make basis adjustments to the partnership's remaining assets under Section 734(b). For your Box 19 reporting, beyond what Giovanni mentioned about the basic disclosures, you should also confirm whether the partnership needs to report any Section 734(b) adjustments that affect the other partners. These adjustments can be complex but are crucial for maintaining proper basis tracking going forward. Also double-check your partnership agreement for any special allocation provisions that might affect how this distribution should be treated from a book vs. tax perspective. Sometimes the agreement has specific language about property distributions that can impact the reporting requirements.
This is exactly the kind of comprehensive advice I was hoping to find! I'm new to partnership tax issues and honestly didn't even know about Section 754 elections or Section 734(b) adjustments. Quick question - how do I check if our partnership has a Section 754 election in place? Is this something that would be filed separately or would it show up on previous partnership returns? I want to make sure I'm not missing any required basis adjustments that could affect the other partners. Also, when you mention checking the partnership agreement for special allocation provisions, are there specific sections or language I should be looking for? Our agreement is pretty lengthy and I want to make sure I don't overlook anything important for this distribution. Thanks for pointing out these details - it's clear there are a lot more moving parts to partnership distributions than I initially realized!
I've been through this exact situation! The 570 code is frustrating but very common, especially when you haven't filed in a while. Based on your transcript, you're looking at a $6,827 refund once the hold is lifted. Since you've been locked out for 5 years, the IRS is probably doing identity verification or reviewing your EIC claim (that $5,213 is substantial). Here's what helped me get through it faster: 1. Check your mail religiously - they may send verification requests 2. Keep refreshing your transcript every Friday for updates (look for 971 or 846 codes) 3. Double-check that your current address is on file with them The waiting game sucks, but most 570 holds resolve within 4-12 weeks. If you're facing financial hardship from the delay, definitely call the Taxpayer Advocate Service - they can sometimes push things along if you qualify. Hang in there! Once that hold lifts, your refund should process pretty quickly.
Thanks for sharing your experience! It's reassuring to hear from someone who actually went through this. The 4-12 week timeframe gives me a better sense of what to expect. I'm definitely going to start checking every Friday like you suggested. Quick question - when your hold was finally lifted, did you get any notification or did you just see the codes change on your transcript? I want to make sure I don't miss anything!
I went through something very similar last year! The 570 code held up my refund for about 6 weeks. In my case, they were reviewing my Earned Income Credit because I had a gap in filing (similar to your 5-year situation). What really helped me was being proactive rather than just waiting. I called every few days using different times of day - early morning (8 AM) seemed to have shorter wait times. When I finally got through, the agent was able to tell me exactly what they needed and walked me through the verification process right on the phone. Your refund amount looks substantial at $6,827, so it's definitely worth the effort to follow up. Don't just wait for mail - sometimes those notices get lost or delayed. The IRS agent I spoke with said they see this situation a lot with people who haven't filed recently, and it usually resolves once they can verify your identity and income. Keep checking that transcript every Friday for updates, and don't hesitate to be persistent with calling. The squeaky wheel really does get the grease with the IRS!
I'm not sure if this still works, but last year I was able to get through by selecting the option for "setting up a payment plan" even though that wasn't exactly what I needed. The agent was still able to help me with my actual issue once I got through. I think those lines might have fewer callers? I'm hesitant to suggest this because it might not be the proper procedure, but when you're desperate to avoid a lien being filed...
I've been in a similar situation with tax lien concerns, and here's what worked for me after weeks of frustration. Try calling the IRS Collections line at 800-829-7650 early morning (7:30-8:00 AM) - I found this had shorter wait times than the main ACS number. Also, before you call, request your tax transcript online at irs.gov to see exactly what payments they have on record versus what you've actually sent. This saved me hours on the phone because I could reference specific dates and amounts. If you're dealing with a business partnership situation, make sure you have your EIN ready and know which partner is the "tax matters partner" on file - they may only discuss details with that person. One last tip: if you get disconnected, call back immediately and mention you were just disconnected - sometimes they can expedite your callback. The whole system is definitely broken, but having your documentation organized beforehand makes a huge difference when you finally get through.
Gabrielle Dubois
Friendly reminder that if you owe taxes for other years, the IRS will automatically apply any refund from 2020 to those outstanding balances. So if you're expecting a refund but have tax debt from other years, don't count on seeing that money.
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Tyrone Johnson
ā¢Is there any way to request that they don't do that? I could really use the refund money directly right now.
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Michael Green
Just want to echo what others have said about the May 17, 2024 deadline - you really need to act fast! Since you can't e-file 2020 returns anymore, make sure you're using the actual 2020 tax forms (not 2024 forms) which you can download from the IRS website under "Prior Year Products." One thing I haven't seen mentioned yet - if you had health insurance through the marketplace in 2020, make sure you have your 1095-A form to reconcile any advance premium tax credits. Missing this could delay your refund processing significantly. Also, double-check that you're mailing to the correct IRS processing center for your state. The address for paper returns is different from where you'd normally send correspondence, and using the wrong address could cause delays that might push you past the deadline. Good luck getting your refund!
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Sofia Gomez
ā¢This is really helpful advice! I'm in a similar situation and didn't realize about the marketplace insurance form. Quick question - if I can't find my 1095-A from 2020, is there a way to get a replacement copy from the IRS or the marketplace? I moved a couple times since then and I'm worried I might have lost some of my tax documents.
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