Clearfield, UT asked in Employment Law and Tax Law for Utah

Q: I was overpaid by my employer, the DOD, and ended up losing $7k that I was told would come back through taxes. It didn't

I work for Hill AFB and I have a rather interesting problem that I am not sure how to resolve. My problem is not with the IRS but with DFAS (Defense Finance and Accounting Service).

When I started working for Hill, in 2017, I was guaranteed an 11k bonus. I received this bonus. The problem is that, due to a paperwork error by DFAS I received a second bonus of the same amount. Lots of details later DFAS created a debt that I have slowly repaid and I have lost around $7k in total to this and apparently will not be getting anything back.

Essentially, I lost $7k because of a clerical error and have been told that I will receive no more help getting any of it back.

EDIT:

2017

1st bonus: 11K received 7K

2nd bonus: 11K received 7K

2018

Paid back all 7K I received from second bonus.

Received 1.5K fine because W-2 showed I made 11K more than I did.

Had to pay back 4.5K in debt because they couldn't get back taxes of 2nd bonus.

Total of fines/money lost 6-7K

Related Topics:
2 Lawyer Answers

A: You said you received $11,000, as promised. Then you said you received another bonus--without telling us how much. Bottom line: If you received a second bonus you did not deserve (under your employment contract) then you must repay it.

Linda Simmons Campbell
Linda Simmons Campbell
Answered
  • Tax Law Lawyer
  • Burlington, CT

A: Read IRS publication 525. On page 34 it discussed claim of right repayments. Review this section to see if you are eligible for a deduction or a credit. It can be complicated and it may be beneficial to have an accountant prepare your return if you believe you are eligible.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.