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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 115464
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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In 2005 a Real Estate Company filed a 1099 large sum

Customer Question

In 2005 a Real Estate Company filed a 1099 for a large sum of money to the State of CA. No 1099 was ever filed with the IRS. I never received a dime as the funds went directly to my Ex-wife. I contacted the real estate company for information and was told they no longer have the files as it was over seven-years. The sales agent in this matter was my Ex-wife's sister. I believe they conspired to reduce the income for tax reasons and filed a false 1099 stating I received 50% of the proceeds. I received nothing...I am currently paying monthly payments but it needs to stop and I would like to consider filing suit against the real estate company and those involved. I had one person at the state comment I should not owe any tax...
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they cannot prove you received the money and you have evidence this is fraudulent reporting, then you do not owe any such tax. Unfortunately, if CA is still trying to collect, you will need to first file a written appeal to the tax board and present your evidence of fraud and if they deny your appeal, then you would have to proceed to the superior court in CA and present your evidence of fraudulent filing of the 1099 and if nobody can produce this 1099 and proof you received the money then the court will vacate the tax bill.

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