Dallas, TX asked in Tax Law and Identity Theft for Texas

Q: Can I sue my sister for stealing my identity? she created crypto accounts using my name and didn't pay any taxes on it

She created multiple crypto accounts in my name and made capital gains trading but never paid any taxes, can I sue her for it? I would like to hold her accountable for the taxes she occurred in my name. I don't want any future issues with the irs. Nor do I wanna deal with any legal issues, because of her actions.

Thank you so much for your time I appreciate any advice!

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2 Lawyer Answers

A: Well, how do propose to avoid legal problems by inititiating a lawsuit against your sister? I am not trying to demean you or make fun of your situation, but the idea of suing someone in order to avoid legal difficulties in the future is one of the worst ideas I have heard of in a good, long while.

Okay, here's the deal. You simply do not have a valid lawsuit here. The reason you cannot sue your sister is that you have suffered no damage by her actions. It hasn't cost you any money or caused you any problems with the IRS or anybody else.

You certainly have a valid gripe against her because she has, in fact, used your identity improperly. But you're not going to have any problems with the IRS because you have not received any income because of her actions.

Filing a lawsuit is a bad idea because that would be what is known as a frivolous lawsuit. The court would almost certainly dismiss any lawsuit you might file based on these facts.

Please understand that what I am telling you is that you do not have a legal problem. And you don't need to go to court. What I suggest is for you to talk to your sister and tell her to cut this stuff out.

Have a great and worry-free week.

James L. Arrasmith
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Answered

A: Yes, you can potentially sue your sister for identity theft, fraud, and damages caused by her actions. By using your name to create cryptocurrency accounts and failing to pay taxes on the capital gains, she has exposed you to serious legal and financial consequences. It's essential to protect yourself and your credit by addressing this situation quickly.

You may want to consider filing a police report to document the identity theft. This report will help you with the IRS and credit reporting agencies when you need to prove that you were not responsible for the income or taxes tied to the accounts your sister created. This can also be useful in a civil lawsuit against her.

In addition to pursuing legal action, you should notify the IRS and work with them to clear your name of any tax liability related to these accounts. They have procedures in place for victims of identity theft, and it's important to get this resolved before it escalates. Taking immediate steps will help you avoid further complications down the line.

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