Anyone have experience with Form 1045. We completed 1045 for a loss from a hurricane. We have had nothing but push back from the IRS. They contend that we did not file timely and that Line 2b was not complete. Sent the proof of postage with letter referencing appropriate tax cases to support our position. We have sent several letters requesting status with no response. Finally, the IRS rejected Form 1045. The responded said the rejection was for Line 2b of the Form 1045 not being complete and we did not file timely. The IRS manual clearly states that the IRS should call the taxpayer if line 2b is not complete and not to reject the claim. We have proof that we filed timely.
Any ideas on now to respond next.
I did a ton of these in public practice at my old firm. Most recently, we’ve pushed these to the TPA because of the run around that accompanies the filings now.
If it’s a complicated NOL, I would suggest not filing the 1045 but rather filing the full amended return. This is because the are constantly coming back asking for every single related form (such as AMT or NIIT) even though these forms had zero changes.
Extremely frustrating, but the TPA is awesome to work with and very helpful.