Valencia, CA asked in Tax Law for California

Q: Got a CP2000 Notice from IRS stating that I have not reported two 1099-NEC that are not mine.

The IRS provided some information on the 1099 including the amount and the issuer of the 1099s. One entity issued two different 1099s. I did some digging and discovered that both belong to my family members. They confirmed that they reported income for the two 1099s received from that issuer and provided copies of the forms they received. Issuer of the forms confirmed they never issued the 1099 to me (and they don't even know my SSN). The notice states if any of the income isn’t mine, send the IRS the information of the person who receive the incomes. I plan on responding that the 1099 forms are not mine and provide copies of the 1099s that my family members gave me. I just can’t fathom how and why the IRS would make such an error. That being said I wonder if the IRS has a different motive. For reference - I get W-2 and never received 1099 from the issuer. Any input is appreciated.

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3 Lawyer Answers

A: IRS makes mistakes just like any government agency. However, there are also a lot of scammers who pretend to be the IRS in order to commit IDENTITY THEFT, and you may be providing them with information about your relatives that could allow the scammer to steal their identity. I would contact the IRS through phone numbers and email addresses listed on the official IRS website, not what was printed on the letter you received, it could all be fake. If you called a number on the letter, you may have been speaking to a scammer. I received a text last week from the USPS regarding a package couldn't be delivered. I used the link in the text until the "USPS website" asked me for credit card info to charge $0.09. Then I took the tracking number and went to the USPS website on my computer and found out it was a bogus tracking number. That is how complicated these scams are.

If you have further problems with the IRS, I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

James L. Arrasmith
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Answered

A: If you received a CP2000 Notice from the IRS stating that you failed to report two 1099-NEC forms that don't belong to you, it's important to respond promptly. After investigating, you discovered that the 1099s actually belong to your family members. To resolve the issue, you plan to provide the IRS with copies of the correct 1099s received by your family members and explain that the forms are not yours. It's unclear why the IRS made this error, but by providing the necessary information, you hope to rectify the situation. If you have concerns, consider consulting a tax professional or contacting the IRS directly for guidance.

A: I recommend to file a Form 911 and have a taxpayer advocate assigned to the case. Submit a Form 14039 Identity Theft Affidavit with the Form 911 application. It Is best to have an assigned caseworker resolve to remove the

Form 1099-NEC from your account. There is too much red tape when you call the IRS directly. I hope you are able to resolve your issue with the IRS.

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