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Tax Refund Still Not Received After 3 Years

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mellowdee

Junior Member
What is the name of your state (only U.S. law)? California

My father has his income taxes professionally prepared annually. In 2007, he didn’t receive his refund around the time he was supposed to and after going through his paperwork, he found that the preparer mistakenly inputted the wrong bank account number to which the refund was supposed to be direct deposited into. My dad contacted the IRS and they informed him that there was nothing they could do; it was his bank’s responsibility to make sure everything was in order (name and account number matching up) before they released the funds into the account. So, my dad contacted Bank of America. They looked up the account that they released the money into and sent him a letter that the account had a zero balance, therefore could not get back his money. Bank of America is claiming no fault in this matter and suggested he contact IRS. But again, the IRS says it is the bank’s responsibility.

Can anyone please give me advice on how to go about this matter – who is at fault, who to contact, what to do? My dad is about ready to leave the subject alone, but I certainly do not want him to. His 5k refund could REALLY help him and my mother financially, considering they both got laid off 2 years ago.
 


davew128

Senior Member
What happened when you asked the preparer about HIS mistake. The IRS certainly isn't to blame nor is the bank.
 

LdiJ

Senior Member
What happened when you asked the preparer about HIS mistake. The IRS certainly isn't to blame nor is the bank.
While I agree with this, the IRS is usually pretty good about taking the money back from the bank in instances like these, and then the bank (and sometimes the IRS as well) goes after the person who fraudulently spent money that didn't belong to them.

I would suggest contacting the Taxpayer's Advocate about this problem.
 

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