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I submitted an amendment in early 2012 for my 2011 tax refund that required my return $773 back to IRS.
For this I issued a Citibank check for the same amount to IRS. Citibank gave away $7773 to IRS.
There was no discrepancy between the numeric amount and in the words on the check. It took me a month realize what my bank had done and requested for a refund of the remaining $7k.
IRS realized its mistake several months later and sent me a ck for the balance as well. I tore this check and trashed it.
There was no instruction in the IRS mail about what to do with the check if I had already been credited by the Bank.
Now, this year, in March, IRS sent me a high priority mail to collect that balance of about $7k, why and how can I pay them any of that money when I never accepted it from IRS. I believe they have already conducted inquiries at their end which took them almost 2 months and sent me last mail to file for appeal etc.
Its clearly bank's fault before and after. Please advise how to prove that I did not withdraw the IRS check. Is not there a way for IRS to determine if a person withdrew their check at all??
I submitted an amendment in early 2012 for my 2011 tax refund that required my return $773 back to IRS.
For this I issued a Citibank check for the same amount to IRS. Citibank gave away $7773 to IRS.
There was no discrepancy between the numeric amount and in the words on the check. It took me a month realize what my bank had done and requested for a refund of the remaining $7k.
IRS realized its mistake several months later and sent me a ck for the balance as well. I tore this check and trashed it.
There was no instruction in the IRS mail about what to do with the check if I had already been credited by the Bank.
Now, this year, in March, IRS sent me a high priority mail to collect that balance of about $7k, why and how can I pay them any of that money when I never accepted it from IRS. I believe they have already conducted inquiries at their end which took them almost 2 months and sent me last mail to file for appeal etc.
Its clearly bank's fault before and after. Please advise how to prove that I did not withdraw the IRS check. Is not there a way for IRS to determine if a person withdrew their check at all??
Without that check I'm not sure there is a way to actually prove anything. Why didn't you send it back to the IRS with written documentation as to why you were returning it and mail it certified so they had to sign for it? Did you keep a copy of anything regarding that check?
Have you actually called the IRS and spoken to anyone?
Any check that's been deposited has documentation on that deposit, which should be readily available for the sender to verify. It's easy to prove that a check hasn't been cashed or deposited - it's still outstanding on the ledger.
I submitted an amendment in early 2012 for my 2011 tax refund that required my return $773 back to IRS.
For this I issued a Citibank check for the same amount to IRS. Citibank gave away $7773 to IRS.
There was no discrepancy between the numeric amount and in the words on the check. It took me a month realize what my bank had done and requested for a refund of the remaining $7k.
IRS realized its mistake several months later and sent me a ck for the balance as well. I tore this check and trashed it.
There was no instruction in the IRS mail about what to do with the check if I had already been credited by the Bank.
Now, this year, in March, IRS sent me a high priority mail to collect that balance of about $7k, why and how can I pay them any of that money when I never accepted it from IRS. I believe they have already conducted inquiries at their end which took them almost 2 months and sent me last mail to file for appeal etc.
Its clearly bank's fault before and after. Please advise how to prove that I did not withdraw the IRS check. Is not there a way for IRS to determine if a person withdrew their check at all??
Tell the IRS to re-issue the check you tore up, cash it and send them back their overpayment.
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