• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need help with IRS problem

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

NeedTAXhelp!!

Junior Member
What is the name of your state (only U.S. law)?
I'm in California and last year 01/10 a friend referred a tax guy to me to do my taxes.

I provided him with my 2006 taxes and the guy messed them up and filed as 2009 federal taxes. He said I was going to get a return of approx $1,300.00 but it was really $2,300.00. I did receive the $1,300.00 which went to my account but he added his account number to the return and diverted 1K to his personal account.

The IRS then contacted me and said I need to repay the full amount $2300.00and I now have till Monday to pay.

The guy that did the taxes for me is not certified and did not sign the return. The only info on the form is his account number. He is only willing to refund the portion that went to his account.

Will the IRS end up going after him as well?
 


OHRoadwarrior

Senior Member
I cant see why you want him to pay money you received. What I would concentrate my energies doing instead, is getting the correct 2006 return filed or amended and the 2009 return amended. If he is returning the part he received and you have the amended returns ready, the IRS MIGHT allow you to only pay the difference if you are short on cash. I have no clue what legal recourse you might have for any expenses or anything.
 

davew128

Senior Member
Contact TIGTA. They handle crimes against the administration of tax laws which this is. And yes, you owe the IRS the full amount.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)?
I'm in California and last year 01/10 a friend referred a tax guy to me to do my taxes.

I provided him with my 2006 taxes and the guy messed them up and filed as 2009 federal taxes. He said I was going to get a return of approx $1,300.00 but it was really $2,300.00. I did receive the $1,300.00 which went to my account but he added his account number to the return and diverted 1K to his personal account.

The IRS then contacted me and said I need to repay the full amount $2300.00and I now have till Monday to pay.

The guy that did the taxes for me is not certified and did not sign the return. The only info on the form is his account number. He is only willing to refund the portion that went to his account.

Will the IRS end up going after him as well?
You need to get the correct 2006 return processed, although unfortunately you have missed the deadline to receive a refund. You would have had to file prior to April 15th 2010 to still be able to claim a refund for 2006.

You also need to file an amended 2009 return as soon as possible.

Then if you still owe money to the IRS you request to set up an installment plan with them if you cannot pay it back in a lump sum.

You also need to get back whatever you can get back from the "guy" that did your taxes. It is not legal (except through an independent bank processing RALs or Refund Checks) for a tax professional to directly divert any of your refund into his/her own account...and a 1000.00 fee for an individual tax return is pretty outrageous unless you have an incredibly complex return.

Take Dave's advice contact TIGTA. You can find them here:

www.treasury.gov/tigta
 

LdiJ

Senior Member
I am also going to add one more thing for the benefit of anyone else reading this thread.

No matter WHAT, do your taxes in the year they are due, even if you get an extension and do them late. Don't wait until the last minute when you could be losing a refund.

I recently did 10 years worth of taxes for someone who had been burying his head in the sand for years. He had plenty of withholding so there was no reason why he shouldn't have been filing his tax returns. He didn't do them for a couple of years because he was in a funk, and then instead of getting advice he just got scared.

Finally, he HAD to file because he had a lucrative opportunity but he had to show 10 years worth of tax returns.

The result...he lost nearly 10k in tax refunds for the expired years.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top