This is happening to my son Jon ... is it fair?

United States
March 21, 2007 10:30pm CST
I cut out the names.. To the Honorable Frank Attkisson; I am writing because I am having trouble with receiving our IRS Tax refund. Someone else has claimed our son as their own. IRS has asked for all documentation that Timothy *******is our son. He was born April 22, 2003 along with his twin brother Nathaniel.. Nathaniel passed away on July 8, 2004. We have another son Matthew born on October 5,2000. We have been paying taxes and receiving refunds since Timothy's birth. To be honest I can not get any help from the IRS, after many phone calls, and post mail that have included birth records, medical records and past IRS returns, they say that the person that has also claimed Timothy is entitled to him. How can that be? I have proof that he was born to my husband and me. Please help us. We are just making a living and the IRS Refund is important to us. IRS told me today that we are having charges brought against us by this unknown person. IRS will not tell us who they are, but they know how we are! We are at a lost to where to go now, but the IRS told us to contact you, and hopefully you can work with us. We tried to contact TV New Channel 6's Action reporter but we haven't heard from them yet. I had my mother-in-laws e-mail address added to this e-mail, if you can not reach me her name is Carolee ****** Thank you Jennifer and Jonathan **** This outrages!
10 people like this
28 responses
@mamasan34 (6520)
• United States
22 Mar 07
I had a similar problem. Someone used my social security number and filed their taxes. I ended up having to prove who I was. My best advice is to call your tax advocates office. Since you live in Florida the toll free number is 1-877-777-4778. Explain your situation, they will assign you a case worker and you will have to send in all of your proof. I did this, it took some time but it was resolved alot quicker than going thru the IRS. I would also ask that charges of fraud be brought against this person to ensure this doesn't happen again. I am so sorry to hear that you are going through this as well. It is outrageous and it seems to be happening a lot more often that it should! The IRS will never say they are wrong unfortunately. So please call the tax advocates office as soon as possible!
4 people like this
@ladyluna (7004)
• United States
22 Mar 07
Hi Mamasan34, Sorry to hear that you went through an IRS nightmare too. I just thought that I'd add that my husband and I really pushed for criminal charges to be brought against the fraudulent filer. The IRS indicated that only in rare instances will they prosecute. Generally speaking, the most they will do is demand amendment and repayment from the fraudster. This was extremely aggravating, as we're pretty sure we knew who the culprit was. The bottom line is unless the dollar amount is extraordinarily high, or if it's a repeat offender, the IRS will not prosecute.
2 people like this
@mamasan34 (6520)
• United States
1 Apr 07
That is terrible! It is awful to experience that, but they too would not prosecute the person in my case. I just recently filed my taxes and my nightmare has continued. I filed and they called me saying I owed my tax returns plus what was owed from the person who filed fraudulently!!! I couldn't believe it, they still hadn't fixed the problem from last years returns! I had to call the advocate again, and it has been fixed, but now I am living in fear of it happening again next year. So, good luck to you and hope all is cleared up!
• Canada
22 Mar 07
Oh my goodness! I'm in shock! This is so so hurtful and disgusting! How can these people bring charges against you for having a son born to you for Gods sake?? What proof do they have that makes the IRS think he belongs to them anyway? Surely they had to submit the same information you did? The depths to which people sink to try and get more money is shocking and so underhanded. Surely these people will get caught out. And when they do I think they're looking at a hefty jail term. I wish you and your family the best of luck in sorting this out.
4 people like this
• United States
22 Mar 07
This is indeed outrageous. Other people claiming someone not their own. Then tell the IRS to bring on the charges so you can identify those people behind it. Probably it is just a mixed up....is the IRS sure both child has the same SSN? Contact everybody...local news investigators, all local channels..not just limited to one. Call the local print media, see if they are interested in the story. You don't know there are similar cases like this in the area and people would come out and this will come as a scoop to that local paper. Hope everything works out good for all of you. Goodluck.
3 people like this
• United States
22 Mar 07
the congressman called today and asigned someone to their case! YEAH
1 person likes this
@youdontsay (3503)
• United States
22 Mar 07
My son-in-law works for the IRS. I'll ask him what he would advise. Hang in there. There will be a solution. I'm just sorry that you all have the stress the problem induces. i'll get back to you when I hear from my son-in-law.
@mfpsassy (2827)
• United States
22 Mar 07
They need to get a lawyer and call the taxpayer advocate hotline @ 1 877 777 4778 make sure they also have a copy of his social security card this could be a case of identity theft also make sure they havn't went to spoof website that might now have all their info. The IRS generally does not send out emails
3 people like this
@Shaun72 (15965)
• Palatka, Florida
22 Mar 07
That sounds terrible. How can the irs mix you up with someone else. I can't belive that they did this to you guys
@Caila611 (992)
• United States
22 Mar 07
OMG! the things people will do to get money! That is so hurtful and cruel! I hope things work out and this person is caught!
• United States
22 Mar 07
I cannot believe that someone could PROVE beyond a doubt that they are the parents of a child, that they have custody of this child and someone else is trying to claim them! And to bring charges against the parents- that is outrageous!!! It would end up going nowhere if they have no claim to this child. I would be contacting an attorney and finding out whether or not the child's identity was stolen. I think that you have a right to know (by law) when someone is taking you to court for any reason and I think that is just wrong of the IRS to say that someone else is entitled to the refund due the parents of the child. Please let us know the outcome of this! This is just wrong! I hope that the person who is trying to do this gets into big trouble.
@bindishah (2062)
• India
22 Mar 07
I think what they are trying to do is the right way to go about it - try to get your story out on national news and in the newspapers. IRS has a lot to deal with and they probably dont want to have to spend too much time on yours. But it needs to be put across to them that for a normal person even a refund of a few thousand dollars matters. try and get as much exposure as possible for this problem and also put pressure on IRS to reveal the names of the fraudulent people. If they think they are right then they should not have a problem revealing who they are rt? I hope this sorts it out.
2 people like this
@misheleen73 (6037)
• United States
22 Mar 07
if they have the social security card and everything, they need to go to the Police Dept and make an Identity theft report. I am not saying the police will be able to catch the people responsible, but many lawyers, judges, and probably the IRS will want a report. If these other people are saying they want to file charges, 1 having a report will prove their intent, and 2, maybe these people have a child with a smilar name or social security number and there has been a horrible mix up. Whatever the case may be, I will keep you in my thoughts & prayers and hope all will be resolved quickly.
2 people like this
@davis123 (507)
• United States
22 Mar 07
wat n the other people is filling charges against u they the ones tryin to claim your some wat the heck this is crazy i hope the find out who dis this and u get the money u r suppose to have this is horrible ,wat people do for money now days un un un
2 people like this
@lpipe0240 (1161)
• United States
22 Mar 07
Have you attempted to contact and local political figures? A state senator or some government official. If that does not work, you might need to consult a tax lawyer or a tax preparer. Hope everything turns out...
1 person likes this
• United States
22 Mar 07
Yes the cogressman called them today, and he wi working on their case
• United States
1 Apr 07
My ex-husband tried to claim our daughter (although I by right am allowed to). The IRS letter actually said something like "if this is in error, do NOT send back a response" and "if this is correct, please file X, Y & Z". I called and they told me exactly the opposite of that. I think that with the nation-wide revamping of sales tax (my company now is remitting sales tax directly to the states, making our lives a living h*ll) and the fact that Bush is a Spend & Let's Reduce the Tax nutjob, they're now trying to recoup all monies due to the government. Since you can absolutely prove that Timothy is your child, you prove the IRS is wrong and may only need a good (expensive!) tax lawyer. Channel Six may be able to help, but by then it may be too late (and they may only succeed in pissing off the IRS). Good luck!
@dixielol (1581)
• United States
1 Apr 07
I see it has been 2 weeks since you started this discussion? Have you found out who this other person is? They must be nuts to try & bring charges against you! Surely they realise that they will do a DNA test & find out that he is your son. What can they be thinking? i've never heard of anything like this befor. Please keep us updated! Best of luck, though Im sure you dont need luck just a good ol DNA tes!
1 person likes this
@janeyre (14)
• United States
23 Mar 07
That is absolutely outrageous!!!! My sister is going through the same thing. She filed her taxes and was informed someone already claimed her children. And she has to prove they are hers. The IRS is acting like she just picked some random kids to claim!!!! What is going on? This is really frightening!!
@KrisNY (7591)
• United States
22 Mar 07
Wow-- this is the first time I have ever heard anything like this- You say the called the IRS but had no help from them? It makes no sense that someone else is claiming their child?? I would get an attorney-- tax attorney of course.. Sure it will cost but it will be worth it in the end. Sounds like they will need an attorney anyways if the person is filinf charges against them-- Odd... I'd contact my state government perhaps they can help.
• United States
22 Mar 07
I am so sorry to hear that.. that is so cruel to do something like that.. We had to get ahold of a congressman man in a different state for different reasons and he helped us alot.. and got down to the problem between us and child support problems.. I was so happy he was on our side.. We were in the rights and my husband's ex was in the wrong.. Thank goodness everything turn out... for us.. Good luck and hope you have great results that we had from your congressman as we did from ours....
1 person likes this
@Willowlady (10665)
• United States
22 Mar 07
Sounds like you need a lawyer. IRS is serious business and you could lose more if this is not dealt with. This would seriously concern me and I would not rest until I could get this fixed. Odd thing is that it could be a mistake someting small and all this is going on now from it. Good luck!!
1 person likes this
@Marie2473 (8517)
• Sweden
4 Apr 07
I would advice you to get a lawer to handle this for you., This sounds outrageos and I would also be very upset... I hope that things will work out for you and that justice will happen!
• United States
4 Apr 07
So please do tell...has this issue been resolved or is the family still having a problem?