Can I sue the IRS?

[mjones1]

Tn We recently found out that my partner has been a victim of identity theft. Someone filed taxes under his ss# and now we are having to deal with it via a lot of paperwork and waiting. My question is: Can you sue the IRS for making mistakes like this? First, we have lived in the same city for 30 years and he has worked at the same company for 20 years...wouldn't this information have flagged the IRS that the information entered was different than what it has been in 30 years? How can the IRS let things like this happen? We depend on our refunds every year to help us make it through as we have one child in college and a 15 month old son. Why are we being forced to face financial struggles due to a mistake made on the part of the IRS? Please help.

 

[anteater]

You are suggesting that anybody who changes residence or employer should be viewed as a suspect????

Boy, that will get the tin foil hat folks bouncing off the walls.

 

[Antigone*]

Tn We recently found out that my partner has been a victim of identity theft. Someone filed taxes under his ss# and now we are having to deal with it via a lot of paperwork and waiting. My question is: Can you sue the IRS for making mistakes like this? First, we have lived in the same city for 30 years and he has worked at the same company for 20 years...wouldn't this information have flagged the IRS that the information entered was different than what it has been in 30 years? How can the IRS let things like this happen? We depend on our refunds every year to help us make it through as we have one child in college and a 15 month old son. Why are we being forced to face financial struggles due to a mistake made on the part of the IRS? Please help.

Such is life. I don't see where the IRS made any type of error. I'm sorry that you have to deal with the ID theft but the IRS did not cause your damages.

 

[davew128]

My question is: Can you sue the IRS for making mistakes like this?

Exactly what mistake is it you think the IRS made?

 

[mjones1]

I believe that the IRS should be held accountable for issuing a refund check to someone who isn't the owner of the ss#. They are a large and supposedly detailed organization...do they not watch for red flags on e-files? No, I am not suggesting that every person who changes locations or jobs should be looked at as suspect, but would it hurt for the IRS to give a quick call or email and verify the information if something looks suspect...such as purchasing a home last year in the same town where he has always lived, yet taxes being filed from another state altogether? Our credit card company calls us if a transaction looks suspect...why can't the IRS be held to high standards when it comes to tax refunds?

 

[Zigner]

I believe that the IRS should be held accountable for issuing a refund check to someone who isn't the owner of the ss#. They are a large and supposedly detailed organization...do they not watch for red flags on e-files? No, I am not suggesting that every person who changes locations or jobs should be looked at as suspect, but would it hurt for the IRS to give a quick call or email and verify the information if something looks suspect...such as purchasing a home last year in the same town where he has always lived, yet taxes being filed from another state altogether? Our credit card company calls us if a transaction looks suspect...why can't the IRS be held to high standards when it comes to tax refunds?

So, when one purchases an investment property, the IRS is supposed to pick up the phone for a chat?

Seriously, this is NOT the fault of the IRS.

 

[TinkerBelleLuvr]

You sue the person who STOLE the identity. The IRS processed the return, as filed.

 

[tranquility]

No. You can't sue the IRS for that. Period.

Even if we weren't talking about governmental immunities, they don't have any duty to the OP to check the filings of others against a set of facts to see the potential of fraud and then checking it out if the chance is above some percentage.

Computers are not human...yet.

 

[davew128]

I believe that the IRS should be held accountable for issuing a refund check to someone who isn't the owner of the ss#.

Duly noted. And discarded. I also believe that people should stop blaming others for problems they aren't responsible for. The IRS did nothing wrong. It followed its own quite reasonable procedure. I can't help but notice you've said nothing about going after the person who committed the crime. Why is that?

 

[tranquility]

I can't help but notice you've said nothing about going after the person who committed the crime. Why is that?

Because they have a problem with their tax situation. I assume the other party got a refund and the IRS is denying the OPs return and request for refund. (And/or looking to the OP to make up the difference.) The OP, if he is smart, is working on that problem first.

As of right now, what can the OP do about the other situation? Call the police and tell them? Which police agency? Has the IRS even disclosed all the facts of the situation to the OP yet?

 

[TinkerBelleLuvr]

If someone HAS filed a return and the OP was denied electronic filing because someone has already filed, SHOULD file a police report with their local police on IDENTITY theft.

In addition, something that hasn't been mentioned is for them to put in a fraud alert with the Experion and the other credit bureaus.

 

[davew128]

As of right now, what can the OP do about the other situation? Call the police and tell them? Which police agency?

TIGTA.

Has the IRS even disclosed all the facts of the situation to the OP yet?

Presumably so, if the OP knows enough to know the identity was stolen and used to file a false return.

 

[davew128]

If someone HAS filed a return and the OP was denied electronic filing because someone has already filed, SHOULD file a police report with their local police on IDENTITY theft.

You assume that

a) It was done locally and
b) Its in their jurisdiction

It's not. Crimes against the federal tax system fall under TIGTA jurisdiction. At most local police could prosecute for forgery and not much more.

 

[TinkerBelleLuvr]

Having the police report is something that will be asked further down the road.

I've dealt with folks who had all sorts of bad things happen with tax returns that were filed by folks who were not the tax payer.

It's called a PAPER TRAIL. How many times have we asked folks, "did you file a police report", etc.

 

[tranquility]

To the OP, google

TIGTA "identity theft"

for the extent of the problem.