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Suing the state of Maryland

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J421

Junior Member
The state of Maryland is seeking back taxes from me. I moved from Minnesota to MD in 2008. I filed back taxes for 2002-2007 soon after moving. I did this at an IRS field office with the assistance of an IRS agent. MD is seeking back taxes on the basis that a MD address was on my federal return for those years.

The 2003 case has been closed, and cases for 2002,2004-2007 are still open. I am confident that the cases for 2004-2007 will be closed soon as well.

I have supplied MD with tax withholding information from the IRS, but since that does not show state withholding it is considered insufficient to prove that I do not owe MD taxes for that year.

I have been unable to obtain any other documentation for tax year 2002. The state of Minnesota does not keep records that go that far back. Two out of three of the companies that I worked for have gone out of business, and the one that is still in business does not keep records that go back to 2002. The MN agent who informed me that they don't keep records that far back was shocked that MD would even attempt to collect back taxes for such a distant year. He suggested that I sue if they do not drop the case.

Do I have a case? If so, would I be looking for a tax lawyer to represent me?
 


LdiJ

Senior Member
The state of Maryland is seeking back taxes from me. I moved from Minnesota to MD in 2008. I filed back taxes for 2002-2007 soon after moving. I did this at an IRS field office with the assistance of an IRS agent. MD is seeking back taxes on the basis that a MD address was on my federal return for those years.

The 2003 case has been closed, and cases for 2002,2004-2007 are still open. I am confident that the cases for 2004-2007 will be closed soon as well.

I have supplied MD with tax withholding information from the IRS, but since that does not show state withholding it is considered insufficient to prove that I do not owe MD taxes for that year.

I have been unable to obtain any other documentation for tax year 2002. The state of Minnesota does not keep records that go that far back. Two out of three of the companies that I worked for have gone out of business, and the one that is still in business does not keep records that go back to 2002. The MN agent who informed me that they don't keep records that far back was shocked that MD would even attempt to collect back taxes for such a distant year. He suggested that I sue if they do not drop the case.

Do I have a case? If so, would I be looking for a tax lawyer to represent me?
There is a simpler solution. The Social Security Administration can provide you copies of your W2s for the years in question. Contact them for copies.
 

davew128

Senior Member
Have you actually spoken with anyone from MD about the situation? I mean this situation should be easily resolved by:

1) Telling them the federal returns are just being filed NOW (or after you moved) from your new MD address
2) Showing IRS transcripts with MN employers for those years
3) Some sort of proof you lived in MN those years
4) Proof of your move to MD in 2008

Honestly the way you have approached this so far has been ass backwards. Even if you HAD the missing W-2s, that's not proof of residency, only proof you worked in MN.

As for "suing them", exactly what are you suing for? They are making a reasonable inquiry based on information available to them. Respond to the inquiry with facts.
 

davew128

Senior Member
I'll also point out that the IRS payer transcripts showing your federal W-2 information will also show the address of record with the W-2 issuer at the time.
 

J421

Junior Member
MD has been opening cases for each tax year individually. The first was 2003. I called the IRS. The agent I spoke with faxed copies of my federal tax withholding information for all of the tax years filed directly to the MD comptroller's office. I called MD and explained about filing my taxes soon after my move to MD, and also explained that I was sending all of the documents in order to avoid cases being opened for balance of the tax years. The MD agent told me that these documents were not sufficient evidence because they do not show state withholding information. I pointed out that my MN address and the addresses of my employers were on the the forms. Almost all of my employers addresses were MN addresses and none were MD. She said that this still didn't matter and that I needed to supply copies of my state return, or copies of W-2s.

The MD agent that I spoke with on the phone seemed to be a stereotypical calloused bureaucrat. I was hoping to deal with someone else, so I sent an email that stated that I thought that it was readily evident from the IRS documents supplied, that I was not a MD resident during those years. I also stated that if they really needed me to provide further proof, that I would do so. This email worked. The case was closed, and I thought that cases for the rest of the years would not be opened.

I started receiving notices of new cases for the years that had not been addressed yet. As I received each notice of a new case, I emailed an explanation along with a copy of the email that had closed the 2003 case.

I started getting notices which stated that sufficient information had not been supplied to close the case, and that collection procedures would begin if I did not respond within 30 days. I called the MN Dept. of Revenue in order to obtain the necessary documents. The MN agent said that a withholding summary should be sufficient, and mailed me copies of 2004-2007, but told me that MN does not keep records back as far as 2002. The MN agent was shocked that MD would try to seek back taxes for such a distant year, and suggested that I sue if they do not close the case.

I have been sending copies of each years withholding summaries to MD as the notices come to me. 2005 and 2006 have been sent. I was hoping that MD's agents would be cross referencing my cases and start to see that I was not a resident of MD in any of those years, particularly 2002, since I have not been able to get documents from MN for that year.

The fact that a Department of Revenue agent (from another state) suggested that I sue is what promted me to post here. I suppose I would be suing for wasting alot of my time. I was kind of assuming that an agent for a state revenue dept would have some idea of what sorts of things a state might get sued for. If the first case had not been closed, I would not feel like MD is being inconsistent and unreasonable.


To LdiJ: The Social Security Administration charges $30 for Copies of W-2s. I'm trying to get this issue resolved without spending any money.
 

davew128

Senior Member
MD has been opening cases for each tax year individually. The first was 2003. I called the IRS. The agent I spoke with faxed copies of my federal tax withholding information for all of the tax years filed directly to the MD comptroller's office. I called MD and explained about filing my taxes soon after my move to MD, and also explained that I was sending all of the documents in order to avoid cases being opened for balance of the tax years. The MD agent told me that these documents were not sufficient evidence because they do not show state withholding information. I pointed out that my MN address and the addresses of my employers were on the the forms. Almost all of my employers addresses were MN addresses and none were MD. She said that this still didn't matter and that I needed to supply copies of my state return, or copies of W-2s.
So why not show them the MN returns you filed?

The MN agent was shocked that MD would try to seek back taxes for such a distant year, and suggested that I sue if they do not close the case.
I'm NOT shocked. At all. From MD's perspective its quite reasonable. You just filed several years of 1040's with an MD address on them and no MD return has been filed. That an MN agent spoke out of his ass not understanding this and offering the laughable suggestion you sue is beyond belief.

I suppose I would be suing for wasting alot of my time.
I see, you're going to waste everyone ELSE'S time instead.

I was kind of assuming that an agent for a state revenue dept would have some idea of what sorts of things a state might get sued for.
Unless that agent was an attorney, then that agent would have no idea whatsoever.
 

J421

Junior Member
So why not show them the MN returns you filed?
The state of Minnesota does not keep records that go that far back.

I'm NOT shocked. At all. From MD's perspective its quite reasonable. You just filed several years of 1040's with an MD address on them and no MD return has been filed.
You are missing the point that they closed the 2003 case based on the same documents I am trying to use to get the 2002 case closed.

I see, you're going to waste everyone ELSE'S time instead.
Really....everyone? That's a lot of people.

Unless that agent was an attorney, then that agent would have no idea whatsoever.
Attorneys are not the only people who have knowledge of what constitutes a legal case.
 
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