drebosio...
Hello again. What you need to do is to compose what is known
as a 'transmittal letter' to the same address to which you
send your tax returns. You can do this well in advance of
the tax season, if you wish, which will save you any last
minute worries.
You need not name the letter as such, but you need to follow
certain guidelines, in that you provide documentation of the
premises you are requesting to be supported.
Such a letter should be composed as follows:
-------------------------------------------------------------
October 25, 2004
Internal Revenue Service
Fresno, CA (or your designated IRS office)
93888-0102 (likewise)
Re: misleading 1099-MISC
Ladies/Gentlemen: This letter is to clarify the circumstances
of a misleading 1099-MISC which you will receive: a 1099-MISC
form for 2003 from my real estate broker (I am a real estate
sales person which is a form of Schedule C sole proprietorship).
The amount reported in the 1099 is more than I actually received
in that year. Specifically, it includes one large check that the
1099 issuer claims was cut and mailed on 12/31/2003. I did not
receive and cash that check until mid January (I was out of town).
I contacted the broker when I saw the 1099 and asked him to change
it, which he did not want to do. I use cash-based accounting for
my Schedule C and I would like to legitimately claim that this
money was received in 2004 and therefore it counts as 2004
income.
The following documents are enclosed:
1. Copy of the 1099-MISC issued by the broker, which incorrectly
indicates my 2003 income as ______, whereas it should be ______.
2. Copy of the check issued by the broker, clearly indicating
that the check was written on the date of _____________.
3. Copy of my deposit slip (or bank statement), on which the check
(of which I have provided you a copy) was deposited on _____, 2004.
This should clarify that the 1099 MISC does not accurately reflect
income I received in 2003. If you have any questions or require further
information, please contact the undersigned, and/or 'broker's name' at
(area code) phone-number.
Sincerely yours,
Your Name
Your Address
Your City, State Zip Code + 4
(Area Code) Phone-Number
-------------------------------------------------------------
Though they are busy, the IRS will respond with a determination
letter within a reasonable amount of time, and will very likely
find in your favor.
I am providing this information without accompanying research
since, as President of a Homeowners Association, I have had
experience in precisely this matter, with positive results.
Please do not rate this answer until you are satisfied that
the answer cannot be improved upon by way of a dialog
established through the "Request for Clarification" process.
sublime1-ga |
