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Form 1045

rcarmarkcpa
Level 2

I filed a Form 1045 for a Personal Loss  Loss Carryback for the 12/31 2019 year end  last December, 2020. I have not heard back from the IRS. I called the IRS and they said it was not on the System yet, but I shouldn't worry because they may have not gotten to it yet. Should I refile on an Amended Form 1040? The First year that I would it back to the Taxpayer already had a loss so do I have to file that year or can I just file the next year where the taxpayer would derive the benefit?

The length of time seems extraordinary even for the IRS and 

                  

 

                                                                                                                                               Thanks

 

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2 Comments 2
sjrcpa
Level 15

They have a backlog of 10 million returns. It's "only" been 8 months. I just got a letter regarding a return file in August 2020.

I would not file again.

However, they are supposed to act on a 1045 within 90 days, I think. Do you have proof of mailing?

The more I know, the more I don't know.
Terry53029
Level 14
Level 14

I wouldn't file an amended return, as that just creates additional paperwork for the IRS, and will not accomplish anything. Just curious what caused a personal NOL for your client