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gunsaulus · May 8, 2007, 11:22 AM

I visited a tax professional in March to get help with my taxes for 2006. She filled out form 1040. However I was not sure of some of figures in that return so I asked her not to file on my behalf until I told her to do so. I did not sign any forms either.

Later, I realized that I was a non-resident for Tax purposes and decided to file form 1040NR by myself. The refund amount I am entitled to receive is actually substantially smaller than the amount in the form 1040 filled in by the professional. I submitted my form to the IRS and have received delivery conformation.

Just yesterday I received a refund check from the IRS and the amount is that which was on the 1040 form filed by the tax professional. I realized that the tax professional's office also submitted my tax return although I had not authorized them to do so. I asked how they submitted the form without my authorization and I was told that it was a mistake by their assistants.

So as it stands now, the IRS has 2 different forms for my 2006 tax return.. 1040(filed by the professional) and 1040NR filed by me. The tax professional told me that the IRS will send me a letter stating that they have received two forms from me and asking which is the right one and I can simply reply to that telling them to use my return and also send the refund check back.

However I wanted to know what you think about this? Should I wait for the letter or is there a better way to go about this? I am just scared that this might put me into some bigger trouble... please help!

AtlantaTaxExpert · May 9, 2007, 12:51 PM

When the IRS notifies you of the receipt of two returns, straighten it out then. It is better to react to an IRS notice, as they will give you a specific phone number to call to a specific agent in charge of your case. Calling earlier will only cause confusion.

You are NOT in trouble. The error is NOT yours, but rather that of the tax professional, who, once the IRS contacts them, will face some fines of their own.

gunsaulus · Jun 14, 2007, 06:26 PM

ATE... As a follow-up to this... it has been about two and a half months since the returns reached the IRS, but I have not yet received a notice from them. Would you be able to give me an idea of how long I should wait before contacting them myself??

Thanks

AtlantaTaxExpert · Jun 15, 2007, 12:33 PM

The IRS has had a significant backlog this year. Clients who filed in early April are JUST NOW getting their refunds.

You should wait until at least the end of July before initiating contact.