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Ask The Taxgirl: My Ex-Employer Committed Fraud

Kelly Phillips ErbJanuary 5, 2010May 19, 2020

Taxpayer asks:

3 years ago I worked for a company and was W2’d, I quit after 3 months. And just yesterday the IRS sent me a notice tht I owed them $4200. I have never owed $ to anyone or have been late on anything in my life so I was shocked, I called them and they went down a list of my income for the year, everything matched except for 1, the company it was issued from I recalled the name as my x bosses personal company, he 1099 me $10620 on money I never made, I didn’t receive any funds at all and I am 100% sure this is fraud. The IRS put a lien on me, even though I find out abt this yesterday for the first time. I tried contacting my x boss but he wasn’t cooperative. What should I do?? My perfect 800 fico is now ruined, and I am stuck with a 4200 bill…pls give me some advice. I appreciate your help.

Taxgirl says:

Hmm. This is puzzling. For one, it’s odd that you’ve not received a notice before you were liened. The IRS doesn’t work that way. So either something got lost in translation or perhaps the IRS has some incorrect information for you (old address, perhaps?). I would definitely call the IRS and get that sorted out.

As to the bigger question regarding what you perceive to be fraud on behalf of your former employer, there are a couple of things I’d recommend. First and foremost, get an attorney. This sounds bigger than something you can take care of on your own. Next, you would need to contact the company and ask for an explanation of the 1099, noting that you didn’t receive one (or the money associated with it); again, since you indicated that the boss was not cooperative, this is best handled by an attorney. If there isn’t a good explanation from the boss, I’d notify the IRS that the 1099 was not correct and they will likely conduct an investigation if you have sufficient information.

I don’t know that I would label this as fraud until you have some better information as to what exactly happened. In other words, while it feels like they’ve done something awful, let a professional sort it out. Don’t report the company for tax fraud (it will appear malicious) and don’t try taking the law into your own hands. (This is where you’re probably all hearing someone say “Take ’em to court” in the back of your mind a la the old Wapner days on The People’s Court.)

Good luck.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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One thought on “Ask The Taxgirl: My Ex-Employer Committed Fraud”

  1. Kevin Rhoden says:
    April 4, 2011 at 9:16 pm

    I got a construction loan to build my house back in 2007. In Texas you cannot build your own house through a construction loan so my cousin offered to be the “builder” and used his company as the prime contractor. I paid for everything including all the fees required for him to get a contractor license. The bank account was in his name with me on the signature card. I had complete control of everything and he did not do anything. My wife and I received a 1099 for close to $30,000 from him a year later knowing he never paid us and had no reason to because we were not employees and he had no way of showing that we were. We contacted the IRS and they sent him a request to change his taxes but he left them alone without correcting them. We received a letter stating a lien was being put on the house because of us not paying so after contacting the IRS again they gave us a 180 day extension to get this resolved. This is family and very delicate but I feel it is fraud on his part. The IRS bill is now almost $20,000. When I get a lawer can I make him pay the lawer fees because I still think it is his fault for being fraudulant and what kind of trouble will he be in for this?

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