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    KayDey's Avatar
    KayDey Posts: 1, Reputation: 1
    New Member
    		  
    #1

    May 8, 2013, 07:08 AM
    H&R Block mistake
    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's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    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's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    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.
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