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Does his 2008 ITR would still be valid?

It is still valid, but after April 15th, it isn't likely they're going to consider it as the 'most recent year's.' 2009 is now the most recent year for tax purposes.

Since you guys haven't filed - I suppose you don't have much choice. In my opinion, you should be best advised to file these taxes (or at least file for an extension). Is there a reason why you guys have not filed?

 
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