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Is there any recourse against the IRS for a taxpayer whose identify was stolen by someone filing of a fradulent tax return

Belton, MO |

On 3/5/12 I efiled my tax return and received an email advising that I had already filed a 2011 tax return. I called the IRS the following Monday and was told that I filed a return the 1st week of Jan 2012. I told the person I spoke to that I had not filed a return at the time because I did not even have w2s available or mortgage information to file a return. I was then told to fill out paperwork for identify theft and attache my return, which I did. Every time I call I get a different story about where my return is in the process. Yesterday I was told that I made an error but have never received a letter from the IRS. I was told that it was because my address changed and I need to fill out a change of address form. Everyone I speak to is rude and condesending as if I am the liar.

Attorney Answers 1


  1. Hire a tax attorney to begin to represent you. He may start by ordering a copy of the first filed return so that the position taken can be assessed for its potential damage. The sooner this is done the better chance you will have in catching up with this person and in having a chance to stop the spurrious transaction before it occurs (especially refunds to the perpetrators)

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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