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KayDey
May 8, 2013, 07:08 AM
I have a pension from TVA ,which is tax exempt under Bailey exclusion.
I have been filing my taxes with H & R since 2006 .
I just discovered about the exemption ,and I filed amended returns for 2009-2011 .
My refund 6000$ for three years.

What can I do to recover 2006-2008 ?
I also received my settlement from TVA in 2006
So the refund is a lot.

Can I sue H&R
.please help.

AtlantaTaxExpert
May 8, 2013, 08:13 AM
Keydey,

The Bailey Exclusion applies to STATE income taxes only, and it is not applicable to all states. The only state I know has a Bailey exclusion is North Carolina.

You CANNOT amend any return (state or federal) prior to 2010 due to the 3-year statute of limitations.

So your only option is to sue.

ScottGem
May 8, 2013, 09:55 AM
And I doubt if you can successfully sue. When you use H&R Block, you usually sign a waiver that makes them non liable.

AtlantaTaxExpert
May 8, 2013, 01:00 PM
I believe he WOULD have a case if he sues. Not claiming the Bailey Exclusion is GROSS incompetence that the waiver would not cover.

ScottGem
May 8, 2013, 01:06 PM
Then it may be worth a try.

I also checked with someone I know who does taxes for H&R Block and she thinks you might win too.