wrongful 1099

What is the name of your state?arkansas / tennessee
Hello my name is Melinda my ex employer terminated me Dec of 1999 and would not give me a letter of termination. The termination was due to bad terms. The following year (2000) I received a 1099 for nonemployment compensation after I had already filed my taxes. I did not work for him in 2000. I called my ex employer to ask him what this was about. He basically stated that due to our bad terms he would pay me back some kind of way. Any how I called the IRS to let them know so I could know what to do. To make a long story short, a year later I was audited and have been dealing with the reconsideration department for almost 3 years now and have done everything they asked me to except a letter of termination proving that I was terminated Dec 23, 1999, basically I been going in circles now. Just 3 weeks ago I received a letter stating that I owe 11,000.00. I don't know what else to do or how much more I can prove myself that I did not make the $23,000.00 which he has turned in to the IRS. I have also never ever worked as a self-employeed person. Please Help!!!

Wow. Just wow. That's incredible.

I know this doesn't help, but it was legal for him to not give you a termination letter. Nothing in either Federal, Arkansas, or Tennessee law requires it. I don't know of any state that requires them to give you a letter at the time of your termination, and Federal law does not require it either. There are a few states that require that upon your WRITTEN request, the employer provide what's called a service letter, which gives the reason for your termination and the dates of your employment, but Tennessee does not have a service letter requirement and neither does Arkansas.

Do you have ANYTHING that would show that your employment ended? Did you get a COBRA notice? Did you apply for unemployment?

I agree. Wow. Your ex-employer is an incredible jerk.

Those are good suggestions from cgg. You also may want to speak to an attorney. That may be the best way to resolve this mess.

Thank you for your replies. I do have and sent to the IRS noterized Affidavitts from ex employees. And also sent SS statements from the SS office to IRS proving that I never worked in the state of TN in the year 2000. So since this ex employer terminated me on Dec 23, 1999, I have never worked again. Reason being I also have MS. I cannot begin to tell you everything that I have sent to the IRS that they have requested to clear myself. I have also kept in touch with IRS every 2 wks or so. And of course they always said I was turning in what I was suppose to except for a letter of termination. You know if I had received the kind of money that year from this man do you believe I would have been stupid enough to call the IRS to let them know that I have received a 1099 after I had already filed my taxes for that year? I really need to see if anyone can steer me in the right direction to help me clear this matter. I feel as though my life has stopped and I can never work and make a descent living again until I resolve this. Every attorney I have contacted one said we could do something like a currant noncollectable status with the IRS for the 10 year statuet may not take wages if I ever worked again and they make within the 10 years. The other wants me to refile for that particular year and deal with consequences of a couple tax season. But I don't want to do that because I did not make that money at alllllll. It's so hard to come up with the money for the other attorney when I do not work and my husband is the only one and we have 4 children. Greatly appreciate if anyone could help me or know of anyone who could in my area.

Thanks

Melinda, you need a lawyer, and no one here can give you a specific referral. But elsewhere on this site there is a "Find a Lawyer" section. You need to start making calls.

I agree. Handling a dispute with the IRS is often not a do-it-yourself job, and in your situation that may especially be the case. You need an attorney but no one here can refer you to someone - these types of bulletin boards don't work that way.

I suggest you also contact your local/State Bar Association for referrals to tax attorneys. If there's a law school in your area, they may be able to help as well.

Good luck. I'm still flabberghasted at what this company owner did. I sure hope he gets what's coming to him.

BTW, Melinda, it's entirely possible that by providing false information to the IRS, he may have violated criminal statutes as well as the not-inconsiderable civil damages. Keep trying till you find a lawyer, and keep us informed as to what's happening.

Yes he has definetly messed up, its just getting someone to listen. I have even spoke on the phone to a department of the IRS in junction with FBI. I gave them my ex employers home number and address and now I can not get any answers from them. I told them that my ex employer fraudrelently turned in a 1099 on myself. Like I said I cannot get no response. To make this short again. The money that he is saying he paid my on the 1099 before he turned it in to the IRS he tried to take me to court saying I stole money from his company and it was thrown out for two reasons, I was not bonded and they told him he should have ran his business better. So therefore he was mad and phoned me and said he would get me one way or the other, then boom I got this 1099. I never stole from him. Besides he said I used the company credit card with both our names on it but I proved myself on that that I did not. Anyway it was an American Express card which was paid every month and also was written off at the end of the year. So I believe he has screwed up two ways. Its just finding someone to help me get out of this with the IRS now. The IRS said they could give a hoot about the credit card all they know is that the 1099 is a legal document and I have to prove that I did not make that money. Also they said they would contact him to get proof of 1099. But he has no proof.
Thanks for listening