Q: IRS taking 10+ weeks to return my money wrongfully taken out. Can I sue?
I owed and payed off but they took the sum out again even though I already paid. Have contacted them several times by phone and tried to make in person meeting but they are booked out the next 60 days. Tried to fax a form 911 for TAS to help but getting error messages for their fax number. Called and left a message for TAS but message says it can take over 4 weeks for them to get back to me.
A:
While I understand your frustration with this situation, here's an overview of your options and some considerations:
1. Suing the IRS:
It's generally not advisable to sue the IRS over delayed refunds or processing errors, especially within this timeframe. Courts typically allow the IRS reasonable time to process claims and correct errors. Additionally, suing the IRS can be complex, time-consuming, and potentially costly.
2. Continue pursuing administrative remedies:
- Keep trying to contact the Taxpayer Advocate Service (TAS). They are often the best resource for resolving issues like this.
- Consider mailing the Form 911 if faxing isn't working.
- Continue attempting to schedule an in-person appointment, even if it's weeks out.
3. Contact your congressional representative:
Your U.S. Representative or Senator's office may be able to assist with IRS issues. They often have staff dedicated to helping constituents with federal agency problems.
4. Document everything:
Keep detailed records of all your communications with the IRS, including dates, times, and names of representatives you speak with.
5. Interest on overpayments:
The IRS is required to pay interest on overpayments if they take too long to issue a refund. This may provide some compensation for the delay.
6. Patience may be necessary:
Unfortunately, IRS processing times can be lengthy, especially during peak tax seasons or if there are complicating factors in your case.
While the situation is undoubtedly frustrating, the current timeline (10+ weeks) is still within what courts generally consider reasonable for the IRS to resolve issues. Continuing to pursue administrative remedies and possibly seeking assistance from your congressional representative are likely to be more effective than legal action at this stage.
If you'd like more specific advice tailored to your situation, you may want to consult with a tax attorney or certified public accountant familiar with IRS procedures in Colorado.
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