NY STATE/IRS ISSUE- PLS HELP?

Your post has too much drama in it.

From the IRS/NY point of view, a taxpayer is supposed to review their tax return for accuracy before submitting it. As such, you are 100% responsible for the forms even if you paid someone to fill them out for you. Unless you have an HRB contract showing you purchases "peace of mind" insurance, the most HRB may do is write the IRS to ask if the penalties can be waived (something you can do yourself).

If you are 27 and made more than $3650 in 2010, you could not be a dependent. Money spent on tuition counts for the education credit. This does not include scholarship money, but does include anything you paid form income, loans or gifts. If your dad wrote a check, it counts as a gift he made to you and you can count it. (IRS Pub 970, page 40, see chart)

There are 3 different ways you can claim education money on a return. The first is as a deduction for tuition. The IRS would try to confirm the amount paid using form 1098-T. Did you get one of those? (If not, you need to show the bill from the school, a copy of dad's check.) There are also 2 different education credits. There is the American Opportunity Credit for undergraduate students who have not claimed this credit more than 4 tax years. There is also a Lifetime Learning Credit. Without seeing your return or asking a lot more questions, I don't know if you were eligible for the AOC.

I think you claimed the tuition deduction and once the IRS denied it, they would tell the state they changed your return. The state would in turn, rerun their numbers and bill you. Since these are two different taxing authorities, each bills you separately. The letter you got gave you a deadline to pay. NY state allows for installment agreements too. If you let the deadline pass without doing anything, *then* then can garnish your paycheck or levy your bank account. The warrant is a legal judgement that updates your credit history to show you owe them.

http://www.tax.ny.gov/pdf/publications/general/pub...

The issue isn't whether you wrote the check or your dad did - it's when the money was paid. If in 2009 even for 2010 classes, then nobody can use it on 2010 taxes. And if you're a dependent of your dad for 2010, YOU can't take an education credit in any case.

The letters the IRS sends out demanding payment DO have an explanation of what the payment is for.

If you took a deduction you weren't entitled to, very possible that you owe both the IRS and the state.

Do any of the numbers let you leave a message for a callback?

Quit crying. Find a tax professional who can look at the letter you got, and explain it and tell you what you have to do. You do not need a lawyer, nor is there reason for one.

Good luck.

So you never did pay the state the correct amount of taxes that should have been paid since the iRS did change your original filed income tax return and they sent the information on to the state and now the state wants you to correct the amount that was reported on your original state income tax return to get it corrected and up to date RIGHT.

So you really should be smart enough to know that you will need to contact the state tax department in person if necessary at this time in your life and try and see if you can work out some kind of payment plan to get this matter settled to the satisfaction off state tax department RIGHT

Hope that you find the above enclosed information useful. 10/06/2011

get back to your H/R guy, you paid him to prepare your taxes and he should clear it up