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My tax refund was stolen - identity theft - and I am having trouble, 10 months later, getting the IRS to send me my refund.

Largo, FL |

I have filed the appropriate papers as requested by the IRS and I have a claims person; however, I keep getting put off with " it will be another 90 days," etc. Does anyone have any suggestions?

Attorney Answers 3


  1. Did you contact the taxpayer advocate service yet? They are usually quite helpful. Although I will say it is not uncommon for issues such as this to take many months to resolve. I don't suspect hiring an attorney would be advisable unless the refund is very large but contact from an attorney could speed things along. For now I would contact the taxpayer advocate. National number: (877) 777-4778
    or closest one to you IN FLORIDA:
    Ft. Lauderdale

    7850 SW 6th CT., Room 265, Plantation, FL 33324
    954-423-7677
    954-423-7685 (f)

    Jacksonville 400 West Bay Street, Jacksonville, FL 32202 904-665-1000 904-665-1802 (f)

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. A letter from an attorney may help speed the process along. It is important to document your contact with the IRS via certified mail. Make a log of every time you contact them including the name (or id number) of the person. An IRS agent usually has an employee ID number. Be persistent.

    My comments are NOT LEGAL ADVICE. They are for informational purposes only. Actual legal advice can only be provided after you have signed an engagement letter. Answering this question does not create an attorney client relationship. Remember that without attorney client privilege you could possibly divulge information that can hurt your legal rights in the future. I am a tax attorney in Miami Florida. I can help you with your federal tax issues via a secure client portal if required.


  3. I agree with both prior answers. Identity theft has become a big problem for the IRS. I have seen situations like this take months to resolve. Contact the Taxpayer Advocate for assistance but it is likely that you will have to be patient.

    Just remember that you will need to get a new tax identification number from the IRS to prevent this from happening in the future.

    lscampbell@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.