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need some advice really quick

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shadoweeper

Junior Member
What is the name of your state? Florida

Hello

I have a friend, (no, i'm not putting myself in the third person. this really is for someone else), with a son in the florida state prison system. he was charged and pleaded guilty for burglery and received 7 years. he has served about 3-4 years of his sentence. he recently told her that he had someone file an IRS tax return for him and is receiving a refund of $3000+ dollars and it is being mailed to my friends house. he was in prison for the entire year of 2006 so had no income. my friend used her sons social security number to check the refund status of the check and it will be mailed out friday. her son wants her to cash the check and put it in his prison account, it's obvious that this will get her into a lot of trouble 'cause her son won't even tell her what the refund is for, he says he can only tell her in person 'cause the phones are recorded.

the question is what should she do with the check when she receives it. if she turns it in to the IRS her son could get into a lot of trouble and she doesn't want that, he's close to getting released. if she holds on to the check and does nothing with it, would she still be getting in trouble just by having it in her possesion? also, is there a legal way for an inmate to get an IRS refund for $3000+ without working a single day?

thanks in advance for any answers,
shadoweeper
 


What is the name of your state? Florida

Hello

I have a friend, (no, i'm not putting myself in the third person. this really is for someone else), with a son in the florida state prison system. he was charged and pleaded guilty for burglery and received 7 years. he has served about 3-4 years of his sentence. he recently told her that he had someone file an IRS tax return for him and is receiving a refund of $3000+ dollars and it is being mailed to my friends house. he was in prison for the entire year of 2006 so had no income. my friend used her sons social security number to check the refund status of the check and it will be mailed out friday. her son wants her to cash the check and put it in his prison account, it's obvious that this will get her into a lot of trouble 'cause her son won't even tell her what the refund is for, he says he can only tell her in person 'cause the phones are recorded.

the question is what should she do with the check when she receives it. if she turns it in to the IRS her son could get into a lot of trouble and she doesn't want that, he's close to getting released. if she holds on to the check and does nothing with it, would she still be getting in trouble just by having it in her possesion? also, is there a legal way for an inmate to get an IRS refund for $3000+ without working a single day?

thanks in advance for any answers,
shadoweeper
I have 5 words for you. Fraud, Conspiracy to commit fraud...

And I can only assume that they *may* tack on a few other charges when details of the transactions are known..

She should wash her hands of it all and not accept the check into her possesion.

If she does....She should turn it in to the IRS upon reciept, disclosing all she knows.

She needs to weigh the situation...Her spending time in jail (along side of son) vs Son (spending more time) and friend spending time in jail.
 

shadoweeper

Junior Member
update

i checked with H&R block today and there is NO legal way for a prison inmate to file any kind of tax return unless they have a job outside the prison and are earning an income.

then i called a lawyer in town and he said that if my friend does receive the check, then as long as she doesn't even open it and just sets it aside, she won't be breaking any law because it was mailed in her sons name. if and when the IRS realizes what happened and comes to her house looking for the check and she promptly hands it over to them then she will be, in the lawyers words, "golden".

just thought i'd update where things stand. apparently this scam is rampant in all prison systems.

shadoweeper
 
i checked with H&R block today and there is NO legal way for a prison inmate to file any kind of tax return unless they have a job outside the prison and are earning an income.

then i called a lawyer in town and he said that if my friend does receive the check, then as long as she doesn't even open it and just sets it aside, she won't be breaking any law because it was mailed in her sons name. if and when the IRS realizes what happened and comes to her house looking for the check and she promptly hands it over to them then she will be, in the lawyers words, "golden".

just thought i'd update where things stand. apparently this scam is rampant in all prison systems.

shadoweeper

Doesn't matter....Mom still knows ...and that is still conspiracy...even if she doesn't open it

Mom will be with son soon
.
 

Just Blue

Senior Member
i checked with H&R block today and there is NO legal way for a prison inmate to file any kind of tax return unless they have a job outside the prison and are earning an income.

then i called a lawyer in town and he said that if my friend does receive the check, then as long as she doesn't even open it and just sets it aside, she won't be breaking any law because it was mailed in her sons name. if and when the IRS realizes what happened and comes to her house looking for the check and she promptly hands it over to them then she will be, in the lawyers words, "golden".

just thought i'd update where things stand. apparently this scam is rampant in all prison systems.

shadoweeper

One has to ask what kink of son would place his mother in this kind of position?? :(
 

FlyingRon

Senior Member
i checked with H&R block today and there is NO legal way for a prison inmate to file any kind of tax return unless they have a job outside the prison and are earning an income.
Revise to just having income. Believe me all those white collar criminals are filing their tax returns while they are in prison even without a job (inside or out). If I had to (god forbid) got to prison tomorrow, even I would have enough interest/divident income to warrant filing.
 

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