What If A Tax Return Has Not Been Issued A Refund Yet
If a deposit was not received within 26 days (digital filing) or 6 weeks (paper filing) one can request a refund trace. If the refund trace comes up empty then the IRS is still processing the return. The IRS requires a minimum of (6) months before a return can be searched through the Where's My Refund? system for delayed returns; alternatively, calling a representative at +1 (800) 829-1040 has the same result as the online search. Per the IRS website they clearly state:
"We will contact you by mail when, or if, we need more information to process your return. If we’re still processing your return or correcting an error, neither Where's My Refund? nor our phone representatives will be able to provide you with your specific refund date."
This gives the IRS an almost indefinite amount of time to process the return; however, Section §6511(a) states that one only has (3) years from the date the return was filed to file suit for claim of refund against the IRS. A lawsuit to compel action is only suggested when at least (12) months have passed from the date the return was filed. One can file a suit in a United States District Court or the United States Court of Federal Claims.
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