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Date:   Thu, 13 Apr 2006
From:   Robin

Michael;

I filed a Section 83(b) election for restricted stock that I received during 2005. I have filed my 2005 income tax return electronically. Should I send a hard copy of the original 83(b) election, identified by the DCN number, to the IRS?

Thanks,

Robin

Answer

Date:   01 May 2006

Hello Robin,

I suggest that you send the election with an "informational" Form 1040X to be associated with your file. I don't think it's a good idea to electronically file income tax returns when elections like this one are required. The IRS is supposed to be upgrading the electronic filing system to enable attachments of PDF files that will eliminate this problem.

Good luck!

Mike Gray

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IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained in this answer was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.