IRS problems

I have been trying to sort out an IRS problem for my 19 year old daughter. She earned a little over $5k in 2007. She initially filed a

1040 (she had some stock sales) with her not claiming herself as a deduction. This gave her a tax liability of $11 (because of the stock sales) and a rebate of around $130. When we did our tax return we realized she was eligible to claim herself as a deduction as she paid more than half her own expenses when we take into account the stock sales. So she filed a 1040x which should have given her another $11 refund (and we hoped the $300 stimulus payment though I have read since then that corrected returns don't get it).

The original $130 refund from the 1040 was paid direct into her bank account. Then she got a check in the mail. Was expecting $11 so was very surprised to find a check for @ $2700! The attached explanation notice showed income figures that bare no relationship whatsoever to her income or anything that was on her returns. Tried sorting it out over the phone which was a waste of time. So wrote to the IRS in June explaining the problem and including copies of the tax returns, the IRS notices and the IRS check and asking what to do. Did not cash the check and told them that.

Late August got a notice saying she owes the IRS @ $2750 in taxes plus interest for late payment of taxes. Wrote back registered mail explaining the situation again and that she never owed $2700+ in taxes let alone paid them late and including the check, copies of all previous letters and IRS notices and tax returns.

Yesterday received a notice saying she owes nearly $2800 including more interest.

I called the Tax advocate office and they said it can take 45 days for the IRS to process the check (well cancel it presumably as it is their check) but when it is processed all the interest charges should go away. She said to give it 30 days (or if another notice comes) then fax all the info to the advocate plus a POA so they can talk to me instead of my daughter (poor kid is scared to death with these threatening notices and demands for thousands of dollars).

Is that the right way to handle this? I am so frustrated right now. She was doing the right thing by not cashing the check so to find her being told she owes thousands of dollars because of an error that completely originated with the IRS is infuriating. The fact that they completely ignore all our correspondence leaves us feeling very helpless. I have a pretty good understanding of figures and taxes and I am finding this incredibly stressful as whatever we do we get no response. I can't help thinking how even more appalling this situation would be for people who do not understand what is going on and for young people (like my daughter who will never have any faith in the IRS after this) or older people. Plus we have already spent more than the $11 she was actually due in copying documents and mailing them to the IRS.

Anyway - venting aside - is there anything else I should be doing? Is it ok to wait another 30 days as the advocate said? I am worried with all these penalties and interest being added.

Reply to
annoyed52
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the IRS to process the check (well cancel it presumably as it is their

It's the slow way to handle this, but it should work out.

it ok to wait another 30 days as the advocate said? I am worried with

If in the end they fix the problem and show there is no tax due, then there would be no penalty or interest due either.

FYI: I have no idea where the IRS is on budget cuts like so many of the other government agencies are doing, but I do know they are short staffed this time of year, maybe even more so these days, so what might have been taken care of in a week or three may take a couple of months or four.

Keep good records of who you talked to and about what, along with your correspondence. It takes time, so give it time.

Also, if by say the end of October this isn't resolved, if there is a walk in IRS office close to you, take the batch of papers up there and see if you can get a sit-down with a face who can help resolve this.

Go ahead and file the 2848 today though. Keep a copy and or make a second with original signatures to take in with you or fax at some later date and time.

Reply to
Paul Thomas, CPA

You have done as much as can be expected, in time the returned refund will be reposted to the account, and will automatically reverse all the assessed & accrued Penalties & Interest.

Request a transcript of the tax period after about 60 days to verify the adjustments have been completed.

Reply to
Taxmanhog

Well, if the stuff about your daughter being scarred for life wasn't hyperbole, you'd well serve her by making sure that she knows this isn't the last time that life will treat her unfairly. Best that she learn to shrug it off now while she has your support than down the road when she'll be on her own.

Reply to
Phil Marti

Paul Thomas - Thank you for your advice. I have the 2848 downloaded ready to go along with the 911 for the tax advocate. Just wanted to check that it is the correct form or a family member to be the representative. There is a part that I have to sign that says" I am aware of regulations contained in Circular 230 (31 CFR, Part 10), as amended, concerning the practice of attorneys, certified public accountants, enrolled agents, enrolled actuaries, and others;" which threw me a bit as I am not any of those things just a family member so maybe 'other' applies. So I wanted to make sure that 2848 is correct as opposed to 8821. I know now to make sure in future the kids check the box authorizing me to be allowed to discuss their taxes. I have kept copies of all correspondence but foolishly did not note who i talked to on the phone. Will do so from now on.

Reply to
annoyed52

Taxmanhog - thank you. How do I request a transcript of the tax period? Is it something we can do online or do we need to write to the IRS office we have been dealing with. I assume that is something that will show that she is up to date and all taxes paid for 2007.

Reply to
annoyed52

Non-tax issue: Your daughter may be the victim of identity theft. She needs to check for a credit history, etc....

See your local police department regarding the ID theft issue.

Reply to
D. Stussy

PhilMarti - I don't think I said anything about her being scarred for life. But does she leave this experience with a negative impression about the IRS - yes I am sure she does. So do I. Mistakes happen - I am really pretty understanding about people making mistakes - heck I make them myself - and am generally quite patient. But the compounding of the mistake during the months we have been trying to sort it out is trying my patience. I don't think it is hyperbole to say that this is very difficult to deal with especially when it it is government organization threatening you with penalties and more and more interest and further steps against you if you do not pay thousands of dollars that you a). Do not have and b). know you do not owe - especially when they appear to ignore all attempts to clear the situation up. Even a note saying 'we are looking into it' would be something. It is the total lack of acknowledgement of our correspondence plus the increasing interest charges and penalties for late payment of taxes that she does not and never has owed that makes it somewhat scary. I don't think this really comes under 'life isn't fair' which, believe me, I do not have to make sure she knows as she has learned that from a personal tragedy quite unrelated to the IRS.

Reply to
annoyed52

D. Stussy wrote: ...

Excellent thought...with the apparent non-related tax data I wondered if there were any chance the SSN was in error on the 1040X to cause a mistaken identity at the IRS end???

Reply to
dpb

snipped-for-privacy@hotmail.com wrote: ...

Chill... :)

The IRS is a big, government bureaucracy that runs entirely on forms, not personal correspondence. Keep following the crumbs and forms and eventually one will come out the other side of the forest. Expecting personal service and thinking that the communications are personally directed or generated is step one towards insanity and frustration.

(Having just gone thru six months of finally determining mother is actually deceased for three years the IRS now condescendingly and apparently, reluctantly, agrees there's no need for her to continue to file 1040 for years since her demise)

Reply to
dpb

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Make the call, follow the VRU prompts.

Reply to
Taxmanhog

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