1099 misc

[Bees Knees]

So it is not fraudulent when someone sends my wife a 1099 misc knowing they never gave her any money??? Or the person whom did the taxes for the company claims they don't understand it either and only did what they were told to do is not criminal? I called them again yesterday and the tax preparer is claiming the person doing this is doing it out of emotions. What the heck is that? To send in false information to the IRS knowingly, then claim too bad, and causes these problems for another individual to me is a fraudulent act, right? If I am wrong please correct me. Thanks Dan

You are not wrong. Sending a false 1099-misc to someone knowing it is wrong is fraud. You have every right to report it to the IRS criminal investigation people. It might even help your case if IRS were to require you to prove you didn't get the money. I would insist that felony charges be filed against these people, as issuing false 1099s and claiming bogus tax deductions is tax evasion.

[JohnH]

My final thoughts

OK, I'll say one more thing about this and then I'll shut my mouth. What they are doing may or may not be fraudulent. But it isn't up to you to make that determination - it's up to the authorities. You have third-party information that they are acting intentionally, and you have a document that you don't agree with, but you don't have any PROOF of fraud. There's a totally different standard when it comes to criminal or prosecutable acts.

What does it matter? Well, if you should also react emotionally and threaten to expose them for what you believe to be fraud in order to compel them to do something you want them to do (rescind the 1099 for example), then you could unintentionally give them a reason to sue YOU. It isn't high on the list of probability, but in an emotionally charged situation people get their tender feelings hurt and they do irrational things in order to "get even".

Nobody really cares what words you use on this forum, but if you use those words in other venues they could come back to haunt you. So your best course of action is to deal with the IRS regarding the 1099 appropriately and not speculate about the other person's motives. Failure to handle it properly could cost you a lot more than you think.

You've received some excellent advice on this thread about how to handle the situation, beginning with getting a tax pro (or lawyer) involved who can work it through dispassionately and unemotionally. You should act on that advice.

I'm done.

[doormat]

Do I have to go through the IRS only? Or is there another department in which I can also complain to about this. Police? Attorney General's office? The IRS told me that these issues (if an audit was to be done, or an investigation) can take a few weeks, maybe even months. So is there any others I can report this to so that these people either fix it legally or amend it? thanks again Dan

[Bees Knees]

The IRS is your only hope.

[doormat]

Thank you all for your advice on this matter. I plan on taking the advice of how the IRS tells me to proceed on this. I will not accuse anyone of fraud, even though in my "opinion" it is. Thanks John, I understand what your saying. Hopefully the idiots who started this will correct it before the ball gets rollin. Thanks again...Dan