Missing W-2

[NotEasy]

Taxpayer worked for an employer who had been out of business in 2010. She has the check stubs so I will file a Form 4852 substitute W-2 for her. But she suspect that her former employer has not even reported the payroll to the IRS and therefore did not send the withholding tax to the IRS either. Let's assume that this is really the case, can she still claim the federal tax withholding in the Form 4852?

[Jiggers]

Taxpayer worked for an employer who had been out of business in 2010. She has the check stubs so I will file a Form 4852 substitute W-2 for her. But she suspect that her former employer has not even reported the payroll to the IRS and therefore did not send the withholding tax to the IRS either. Let's assume that this is really the case, can she still claim the federal tax withholding in the Form 4852?

Yes. It is not her responsibility to verify that the information was sent in. The IRS will follow-up if it hasn't and will go after the employer.

[NotEasy]

Yes. It is not her responsibility to verify that the information was sent in. The IRS will follow-up if it hasn't and will go after the employer.

Thank you.