Getting an incorrect NYS Tax Judgment Released...?

[Anonymous]

Hi,

I had a 2008 return that was never received and processed.  When I found out, I submitted it, and after several years of waiting for processing (no joke) and help from the Taxpayer Advocates Association, I got my return processed by the federal IRS.  The bill I owed the federal IRS was zero'ed, and both the federal IRS and Social Security Administration have officially updated my taxable income for 2008. I still have a judgment from New York State, though.  The judgment was based on an estimate of my 2008 income, which was incorrect and has now been updated.  Any advice on how to deal with this?  I paid the judgment...so getting the money back would be nice...but I really just want it removed above all else.

I called the NYS tax department, and they claim that the federal IRS won't be updating them with the new information.  Also, the wait time (phone) for the collections department is usually about an hour!

Can I go to a court about this?  Should I contact a tax lawyer?

Any help would be greatly appreciated!

[gdale6]

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@Anonymous wrote:

Hi,

I had a 2008 return that was never received and processed.  When I found out, I submitted it, and after several years of waiting for processing (no joke) and help from the Taxpayer Advocates Association, I got my return processed by the federal IRS.  The bill I owed the federal IRS was zero'ed, and both the federal IRS and Social Security Administration have officially updated my taxable income for 2008. I still have a judgment from New York State, though.  The judgment was based on an estimate of my 2008 income, which was incorrect and has now been updated.  Any advice on how to deal with this?  I paid the judgment...so getting the money back would be nice...but I really just want it removed above all else.

I called the NYS tax department, and they claim that the federal IRS won't be updating them with the new information.  Also, the wait time (phone) for the collections department is usually about an hour!

Can I go to a court about this?  Should I contact a tax lawyer?

Any help would be greatly appreciated!

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Well you would first need to file a NY State tax return for the year in question to see if there is any tax owed and if so pay if with he filing of said return, there will be interest and penalties owed if you ddnt have sufficient withholdings and then they would have to release the lien on it as it would be a settled matter. If you are due a refund or there is no tax owed then you would want to ask them to withdraw the lien not just release it.

[Anonymous]

OK thanks.  I will file the return based off the information in my 2008 tax return.  I already paid the judgment, and I definitely won't owe more money than that.  If the state accepts my return, I hope I could at least be able to get the judgment removed, as it would no longer be based on accurate tax information.  

[wa3more]

when you say removed, removed from your credit report  ?

[Lou_Rod87]

Go to the county clerks office.

[Anonymous]

I had a somewhat similar situation. I called NYS and when I explained the situation, they agreed to vacate the judgment. Took a month before I was able to see and update online. Once it was updated to something along the lines of "process of vacating" then I was able to get it removed from all 3 CRA's.