Q: 1099-MISC #7. I made $890 but it said $89,000. I contacted employer, they sent corrected 1099 but FTB and IRS said...
that I did not file and they did an assessment of $131,000.00. I filed my taxes, sent a copy of corrected 1099, an affidavit that I only made $890 along with a letter explaining it and asked them to adjust their records. In July my check was garnished. I called them and they said they have the affidavit, the letter, and the 1099 but not the tax return. I sent it all together. I haven a certified mail receipt. He said I can't prove what I sent. He said I need to fax him a copy of the return, stating everything I am sending on cover sheet, then I need to mail it certified signature and it needs to say what I am mailing on it. I spent $30 faxing and sending it. Why would I send everything except the tax return? They are taking almost $500, this week will be the 3rd check. I had no warning of the garnishment, my rent didn't get paid....everything is falling apart. Does everyone need to send their tax returns this way? I feel I am being harassed. Please help!
A: You should have had ample opportunity to contest these additional taxes before any taxing agency was able to begin collections, but once they have begun collections it is often a complicated matter to get them to stop, especially the FTB. You should really seek assistance from competent counsel to help you contest this. I suggest speaking with some tax attorneys to discuss the situation - just make sure they are actually licensed tax attorneys. If you cannot afford an attorney, talk to your local Low Income Taxpayer Clinic and they may be able to provide you with a local tax attorney or experienced accountant without charge.
Zaher Fallahi agrees with this answer
A: You need to visit an FTB/IRS office and show them the “corrected 1099”. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
