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I have Identity Theft related tax charges, what can I do?

San Francisco, CA |

I received notice of intent to levy from IRS stating that I need to pay $206.21. I called IRS. IRS told me I am a victim of identity theft and this charge was sent to me by a mistake. Someone sent tax forms under my name.

I checked my credit report. I saw the tax lien notice (for $4500) from the State of California and it went through the court.

I called Franchise Tax Board Identity Theft department. I was advised to send proper documentation about it. I am now outside of the USA and not able to file a police report yet.
I will send the documentation to Franchise Tax Board and IRS indicating that these charge does not belong to me. Do I need to do anything else about this tax charge amount $4500 from State of California?Can Franchise Tax Board Identity Theft department remove this debt?

Attorney Answers 3

  1. Best answer

    You need to send the documentation required to establish the identity theft. FTB can certainly remove this debt if it is not yours. It may be advisable to have an attorney help you with this. . .

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

  2. R u an American Citizen? Or a permanent resident. This is very important for the steps U need to take .
    I will advice U to hire an Attorney that is a Fraud Examiner and knows the procedures.

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+.

  3. In regard to the IRS identity theft issue, you should file Form 14039 Identity Theft Affidavit with the IRS. Someone from the IRS will contact you and will discuss the identity theft issue with you.

    This material does not constitute tax, legal or accounting advice. It was not intended or written for use and cannot be used by any taxpayer for the purpose of avoiding any IRS or NYS penalty. The information contained herein is for informational purposes only as a service to the public, and is not legal advice or a substitute for legal counsel, nor does it constitute advertising or a solicitation. This response is not intended to create, and does not create, an attorney-client relationship between you and the author.

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