Sacramento, CA asked in Consumer Law for California

Q: Is it actually possible to fill out a 1099-A form with the treasury as the lender and me as the borrower?

If I put my social security number in "borrowers tin" and fill it out then hand it to a bank to ask them for a letter of credit for whatever amount is on there, is that an actual thing people can do as a cestui que trust fund?

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Do you have a loan from the Treasury Dept.? If you did, which is doubtful, the Treasury Dept. would have an interest in whatever property you used to secure the loan. You, as a borrower, do not have an interest in the property of the lender. If I understand your question, it sounds like an attempt at bank fraud, which is a federal felony. In addition, banks are generally pretty smart. Asking one for a "letter of credit" is not the same as actually getting access to money. You certainly won't get any money based on a 1099-A form that is false and one that certainly won't be signed by a representative of the Dept. of Treasury.

Leon Bayer agrees with this answer

Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: You could physically do that but it will have no legal effect to forgive the taxes you owe. And it will be the biggest mistake you will probably ever make. It will be a false instrument, if you mail a copy to the IRS for their records it could be Postal Fraud, plus income tax evasion, impersonating a federal official, and a bunch more stuff. Oh yes, and be sure to tell your family and friends 'goodbye' because you won't be seeing them for a long time.

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