"Charles Markham, EA" <Notarealaddress[at]email.msn.com> wrote:

- quote -

Yes indeed - the TP Advocate should get this one directly.
Otherwise, IRS will just continue to make it hard on the
honest taxpayer, rather than go after the taxpayer or fraud
who actually created the problem. The rule of TP conduct is
simple: when IRS is just doing their job, comply. When IRS
is making life difficult without justification, don't play
their game. The Advocates' office has some work to do
straightening out IRS as to who should be doing the work on
this one.

AK

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Phil Marti wrote:
- quote -

In this type of case, that wouldn't be so bad. One would
typically sue not just for the lost tax benefit but for
defamation of character, harassment, and anything else that
normally accompanies the fraud of identity theft.....

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- quote -

This one *does* sound like a case for the taxpayer advocate.
By the way, contact SSA and ask them to forward a new copy
of his card. There is the smallest chance that the human
being that manually typed a card in 1940 mis-typed, no?

Charles Markham

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Bob <bwaldner[at]yahoo.com> wrote:

- quote -

By the way, does the letter from the IRS refer to this as a
"compliance research examination" (or similar description)?
The IRS is doing a number of such randomly selected "audits"
at the moment and the inquiry you described would seem
consistent with that.

MTW

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bwaldner[at]yahoo.com (Bob) writes:

- quote -

Yes, it is. The alternative would be to just allow the
exemption to the first person to claim it and make you sue.
Would you prefer that?

Once you've provided the information to substantiate that
you are the child's parents, let's hope that IRS can flag
the account so that you won't be bothered again. If you are
bothered again, I suggest you contact the Taxpayer
Advocate's office.

Phil Marti
Topeka, KS

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"Bob" <bwaldner[at]yahoo.com> wrote

- quote -

There should be. And the laws should be stiffened up on
crimes (yes, I said and meant CRIMES) like these.

It's a bitch, but go ahead and get the records for every
year in question through current (2003 even). You may
unfortunately need them.

--
Paul A. Thomas, CPA
taxman[at]negia.net

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Bob <bwaldner[at]yahoo.com> wrote:

- quote -

Definitely reply by the date on their notice, and tell them
1) you do not agree with their proposed changes tro your tax
return, for the following reasons, and 2) include the kinds
of proof they ask for.

Yes, it is a pain.

Identity theft -- assuming it is not just a typo somewhere
-- is a multi-billion industry and you are unforetunately
one of those victims. On the good side, once you have
established the kids are yours, you should not be bothered
again. And you are not out any money, just being
threatened.

And you might wish to let your state and federal
representatives know you think the punishment for identity
theft, including use of your dependent's names on another
person's tax return, should be increased.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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"Bob" <bwaldner[at]yahoo.com> wrote:

- quote -

There likely isn't any other way. However, it isn't as
difficult as you make it sound. After all you are the
parents of the kids, you should have relatively easy access
to school transcripts, birth certificates, utility bills,
and such.

By any chance, did you claim the Earned Income Credit on
that return?

Gene E. Utterback, EA

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Bob posted:

- quote -

Great sympathy for your troubles! I have no quick fixes;
however, I have a suggestion which one would think the IRS
could adopt:

Given a TP who has claimed a dependent child for 15 or so
years, it would seem the *assumption* _should be_ that this
TP is entitled to continue claiming the child ... and the
burden of proof should be *entirely* on the "new" claimant,
who suddenly began claiming the child in the year 2000.

Of course, this suggestion is too obvious. The software
must be demanding proof of _both TPs_, and will decide which
one is right after *you* have successfully jumped through
the hoops -- while, of course, the fraudulent TP will not be
able to do so.

This morning's local paper carried a wire story, stating
that there were 10 Million cases of stolen identity in the
US last year.

Bill

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Received a letter in the mail yesterday from the IRS
proposing to disallow our two biological kids as exenptions
for tax year 2001. My wife and I have always filed a joint
return in the 18 years we've been married. We have never
been separated and were never married before. Our kids have
been in our home since they were born. Seems like someone
stole my 14 year-old daughter's identity and also claimed
her as an exemption for 2000 and 2001. We received a "soft"
letter in 2001 stating that her SS# was being used by
someone else and no action was needed if the SS# was
correct. Well, now action is needed and we have to prove
that both of our kids are dependent exemptions. This proof
includes birth certificates, school transcripts, utilty
bills, and a mortgage statement. There has to be a better
way! This is a major hassle!

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