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I suspect my previous boss of tax evasion

La Mesa, CA |

I just recieved my W2 from a previous employer. I was fired in July, I did not leave on good terms. I worked there for 6 years and never felt my taxes were being deducted from my paychecks correctly. Well, the W2 I just recieved is WAY off. They are reporting that I made about 18,000 less then I actually earned and they are reporting my Fed and state tax a couple thousand dollars less then was deducted from my paychecks and they reported about 2,000 less to social security. I have all my paystubs. I would like to report them to the I.R.S. What should I do?

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Attorney answers 6

Posted

Here is a link:

http://www.irs.gov/individuals/article/0,,id=106778,00.html

Christopher Larson
Insight Law
www.insightlawfirm.com

Asker

Posted

Thank you

Christopher Michael Larson

Christopher Michael Larson

Posted

No problem

Posted

I think your first stop should be the Labor Board. Next use attorney Larsom's link to the IRS.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

Asker

Posted

Thank you. I was thinking that I should call the Labor Board too :)

Posted

I agree with Attorney Lively. You should first make a claim with the Division of Labor Standards Enforcement before reporting to the IRS.

https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

Posted

You should also consider securing the services of an attormey specializing in employment law. There could be a number of violations by your former employer that could give rise to treble damages and punitive damages. Many of the statutes in the Labor Code also provide for attorney's fees which means there are many attorneys who will take your case on a contingency basis if you have valid claims.

If your previous employer was large company with a wide spread practice of what you alleged, this could give rise to a class action lawsuit.

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. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is philsmithjr@worldclasslawyers.com.

Asker

Posted

It was a small dental office. The front desk and finances were run by the wife of the dentist.

Posted

This makes no sense.

You would know at the end of each of the six years if your w-2 was correct or not. If you suspected that they were incorrect you should have reported it (1) on your return; or (2) to your employer at the time.

SS also sends you a report of your wages paid every single year going back to the stone age so the numbers were either correct or not.

If this is the first year, well, check to make sure there was not some payroll error first before looking for a bounty.

Legal Disclaimer: Richard W. Beck is licensed to practice law in Colorado. His answers are for general information and no Answer or Comment shall be deemed to create an attorney-client relationship or create any right of confidentiality. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult an appropriate attorney in your jurisdiction and who is familiar with your specific facts and all of the circumstances as there is likely a time limit related to the question that could expire at any time and you would lose any rights you had.IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

Posted

First make sure you have properly reported your income. Then, you can report them to the IRS and the FTB. If they have committed tax fraud, the IRS has a procedure that you can get up to 30% of the amount that the IRS recovers.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice

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