The IRS has discretion, not a legal duty, to process amended returns

Number
202504016
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Miscellaneous Issues
Topics
Code sections
§ 6110
Ruling dated
September 17, 2024
Publicly released
January 24, 2025

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2025, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

A field examiner asked what obligation the IRS has to process amended returns. Chief Counsel explained that the Internal Revenue Manual gives Service employees extensive procedures for handling amended returns (for example, IRM 3.11.6 for Form 1040-X and IRM 4.10.11 for examinations), and that the IRS website instructs taxpayers on how to amend. But outside those internal procedures, there is no statute that requires the IRS to accept or process an amended return. Courts have long held that an amended return is "a creature of administrative origin and grace," and whether to accept one is solely within the Commissioner's discretion (citing Goldring, Badaracco, and Ramsay). The takeaway: although no law compels it, the IRS's general policy is to process amended returns that are valid, timely, complete, and processable.

Ruling snapshot

  • Question: What obligation does the IRS have to process amended returns, which are not provided for in the Internal Revenue Code?
  • Outcome: advice given (no legal duty; acceptance is within the Commissioner's discretion, though IRS policy is generally to process valid, timely, complete, processable returns)
  • Key authorities: Goldring v. Commissioner, 20 T.C. 79 (1953); Badaracco v. Commissioner, 464 U.S. 386 (1984); IRM 3.11.6, 4.10.11

Full text (IRS public release)

ID:          CCA_2024091715160218                 [Third Party Communication:

UILC:        9999.00-00                           Date of Communication: Month DD, YYYY]

Number: 202504016
Release Date: 1/24/2025
From: --------------------------
Sent: Tuesday, September 17, 2024 3:16:02 PM
To: ------------------
Cc: ----------------------
Bcc:
Subject: RE: Processing of Amended Returns by Field Exam


Hi ------,

Please see below our response to your question regarding amended returns
processing. If there are any other questions or concerns, please don’t hesitate to reach
out. Thanks very much.

Issue: What obligation does the Service have to process amended returns, which are
not provided for in the IRC?

Analysis:
The IRM provides extensive guidance to Service employees regarding processing of
submitted amended returns. For instance, IRM 3.11.6 provides procedures for
processing Form 1040-X, Amended U.S. Individual Income Tax Return. IRM
3.11.6.2(10) explains that when receiving an amended return, employees who are
responsible for processing amended returns should proceed with processing the return
if they determine that (1) routing criteria are met; (2) the claim is complete; (3) the claim
is allowable; and (4) the claim is processable.

Examination procedures are also provided for amended returns. See IRM 4.10.11.1.1(3)
(“An examiner must properly identify the nature of a taxpayer’s amended return (or
other written request) to determine the applicable examination procedures. This IRM
provides guidance for determining if an amended return (or other written request) fits
the criteria of a claim for refund, request for abatement, or audit reconsideration, and
provides examination and report writing guidance for each.”); see also IRM Exhibit
4.10.11-3 (re Taxable Amended Returns).

The IRS’s website also provides detailed instructions to taxpayers regarding amending
a return.

Outside of the administrative context, however, courts have made clear that “[t]here is
no statutory provision for an amended return, and the acceptance or rejection thereof is
solely within the discretion of the Commissioner.” Goldring v. Commissioner, 20 T.C. 79,
81 (1953); see also Badaracco v. Commissioner, 464 U.S. 386, 393 (1984) (“[T]he
                                                    2

Internal Revenue Code does not explicitly provide either for a taxpayer's filing, or for the
Commissioner's acceptance, of an amended return; instead, an amended return is a
creature of administrative origin and grace.”); Ramsay v. Commissioner, T.C. Memo.
2017-223, 2017 WL 5503163 (Nov. 15, 2017) (same). Although there is no legal
requirement for the IRS to process an amended return, it is the policy of the IRS
generally to process amended returns if they are valid, timely, complete, and
processable.


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