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A company used my personal information and filed false tax returns leaving me with a balance owed to the that i have

Thousand Oaks, CA |

paperwork and am not being held responsible for the wages that were reported to the irs by the company do i have any civil rights i can open a case against the company for the mess they cause me when they filed false returns?

Attorney Answers 4


Your facts are a little unclear here. Is this a company you worked for? Did you receive a false or incorrect W-2? Did you find out that you were the victim of identity theft when you received an IRS notice? The specifics of your situation will determine what sort of remedy you may be entitled to and, indeed, what type of attorney you should seek guidance from.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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What you went through sounds pretty bad. Unfortunately, you do not provide enough information to permit a response. How did this company file false tax returns? What damages did you suffer because of its conduct?

If the are any criminal proceedings against this company, you may be able to get restitution.

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Your facts are vague, but if your employer reported an incorrect amount of wages to the IRS, which would be reflected on your W-2, you can file your tax return with a substitute W-2. The IRS would then contact your employer to verify whether the W-2 issued to you was incorrect. If the employer states that the W-2 was correct, the IRS will eventually contact you for your evidence supporting your substitute W-2. This can take a long time to resolve, but if the employer can't substantiate your wages they will have a serious problem. You, of course, will need to be able to substantiate the amount of wages you say were actually paid. I would recommend seeing a CPA for this.

All information provided is for general purposes only and does not establish an attorney-client relationship. For more information, please visit my website at

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You may want to contact the Dept. of the Treasury - Treasury Inspector General for Tax Administration office. They generally can provide assistance on these types of issues. Contact your local IRS office for the phone number.


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