IRS Responding to Identity Theft Lawsuits

Darrin T. Mish

Tax Attorney • 32+ Years Experience

IRS problems aren't as complicated as they look once you see the structure. I'm attorney Darrin Mish. I've represented taxpayers before the IRS for three decades — in Florida, Colorado, Texas, and internationally. Here's the plain-English breakdown.

After having lost their tax refund to identity thieves, 16 taxpayers have taken the bold step of suing the IRS for the losses they have suffered. For years, they have not been successful in their claims. But now there seems to be some light at the end of the tunnel. So far, three of them have received their tax refunds and the IRS has contacted another plaintiff giving instructions to “immediately” clear up the problems with her tax return starting from 2007 when her identity was stolen.

One of the plaintiffs, William Amaismeier of Apollo Beach said his 2010 refund showed up in his mailbox two weeks after the lawsuit was filed and his story was reported in The Tampa Tribune. Amaismeier believes it was no coincidence. “If you try to deal with the IRS by yourself, it’s a runaround,” he said.

Other plaintiffs are similarly hopeful after going through similar horrifying experiences. One of them, Aaron Blok-Anderson was given the runaround by the IRS for months before he decided to file a lawsuit. In 2010, Blok-Anderson lost his tax refund because of identity theft. After repeatedly contacting the IRS for months, he was informed that he could expect his refund by December. But December came and went without any sign of the refund. According to Blok-Anderson, the IRS sent the refund to the crook who had obtained a fraudulent refund using his name. When that happened, the IRS simply stopped responding.

Blok-Anderson said there was an IRS worker assigned to his case who never returned phone calls. All he got was a voicemail message saying he would return calls within 60 days. Despite incessant calls to the IRS, Blok-Anderson never had his calls returned.

Whenever he does get through, Blok-Anderson would be connected to a different person and he has to explain his problem all over again. Describing his experience as “so stressful”, Blok-Anderson said, “All I know is they acted like when I called them that it was my fault when this happened.”

Blok-Anderson, like a growing number of taxpayers who have fallen prey to identity theft, believes that when you file a lawsuit, there is a greater chance of obtaining your refund.

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