Reply to RFE after interview - Taxes - Help Needed!

[Sandr123 1]

Hi, everyone, I would need the help on what to do next. and I apologize for the long post.

 

I have gone through the naturalization interview (was rather tough) and didn’t get any decision just an RFE request for 3 year tax forms (again, I brought them but they need them again). I am married to American citizen and applied based on the 3 year green card last year. 

 

Now we have quite a situation here:

When I filed the application for naturalization we didn’t owe any taxes, we just had a request from state office to provide extra documents (which we did). So I didn’t hide anything. About 3 months after i sent the n400 we have received a letter that IRS wants to audit us and after their audit they think we owed them quite a handsome amount of money. We disagreed and since my husband is the main taxpayer he used his right to appeal and we are still in the process of appealing it (using a FastTrack option now, going into 7th month) - even after the interview.

 

It was not a form 4089, Notice of Deficiency - it was just a simple assessment letter; me and my husband were away on his own business assignment and all those letters were forwarded immediately to our accountant and they were taking care of that.

 

Now, when I went through my interview i said that IRS thinks we owe them money and they are auditing us - that's all. But it looks like the guy misunderstood me and in the RFE form he is asking for 4089 form (that we are delinquent) - which I obviously don’t have since we didn’t even settle the dispute with IRS. When he asked me again "Do you owe taxes?" - and since there were only Yes and No answers  - I had to choose yes we do and we amended the form to Yes. 

 

I just don’t know how to explain this is in my Cover Letter to IRS since we do not owe anything yet, we are just in the process of appealing the decision and finding out the fair amount to pay. I told him we are not evading, my husband just didn't agree with the decision and he had a full right to appeal. 

 

Another thing - I came back couple days before the interview and on the day of the interview I found a letter from State Tax office that we owe them and we have to pay ( to be honest that was quite a shock, since I thought it was all taken care of by our accountant and it looks like it have been lost). I didn’t say anything about that because I wanted to talk to my accountant first ( it was not any official notice, it was a regular letter) - and I only heard from my accountant after the interview (he wasn’t picking up the phone before that). We are appealing this too and it looks like they are willing to cooperate and find a solution. I just dont know how to explain that in my RFE reply to them. We are not hiding any taxes and we have always filed for them - it’s just we are in a midst of this confusion and just need some help and advice.