Phoenix, AZ asked in Tax Law and Identity Theft for Arizona

Q: Iwas in prison from 5/2011 thru 8/2015. got out went to work. filed taxes. had a refund of $1,300.00.IRS KEPT REFUND

Said i owed another $4,000 i believe. IRS said i had a fraudulent claim for tax year 2011. Told me i was responsible. Ididnt file a tax return in 2011, i was in prison. Idid what was asked of me in 2016 to prove i was in prison and had a meeting with an official and brought him everything i wss asked to get and thought that would be the end of it and i woulg get my refund but never did and now im still getting notices from the IRS AND THE LAST NOTICE I RECIEVED IN 2021 stated i owed $5,824.74.Im sure its more now.Someone filed that tax return and used my name but it wasnt me and im not going to pay . i do want my refund they stole from me and i feel that the IRS owes me penalties and interest and i believe the IRS is to blame for not doing there job correctly and processed a fraudulent claim

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2 Lawyer Answers
Carli Jo Aelker
Carli Jo Aelker
Answered

A: This issue can get a little complex. To start off if the IRS is saying you owe taxes, you file a return, and a due a refund, they will keep the refund. If you are a victim of identity theft you need to call the IRS identity theft department directly at 800-908-4490 to resolve the issue. It might help to also fill out a IRS Identity Theft Affidavit, Form 14039. If the issue is corrected, the IRS will issue a refund of the amount that was originally due to you.

If you are unable to correct the issue yourself it might be worth engaging a professional for, as this usually involves some back and forth communication with the IRS.

Carli Jo Aelker
Carli Jo Aelker
Answered

A: Might also be worth reaching out to your local Taxpayer Advocate for assistance - they are a free resource that helps with IRS issues.

https://www.taxpayeradvocate.irs.gov/contact-us/

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