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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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My brother died this year. He had no children, no will, and

Customer Question

My brother died this year. He had no children, no will, and no estate to speak of. We filed his tax return for 2008 just after he passed away 3/21/09, along with his death certificate, a form specifiying me as his next of kin, etc. When the IRS received it, they did a TYPO and entered part of my social security number with part of his and the tax ID#, and of course that was wrong. Instead of correcting their mistake, the IRS said they had to "investigate" and sent it along somewhere else. Instead of actually fixing their mistake, someone at the IRS just closed his tax file. I know this after 4 calls and 2 hours on the phone, the IRS told me they messed up and I would have to get a tax advocate to help me.The advocate told me I should never have been gioven any info on my brother's account without a court order and then hung up on me. Now what?
Submitted: 5 years ago.
Category: Tax
Expert:  Merlo replied 5 years ago.
Hello twin,

Was your brother due a tax refund on the return you filed for 2008?

If so, did you include the Form 1310 will the return you filed on his behalf?

Customer: replied 5 years ago.
Yes, the refund he was due was about $1100 and that is the form that we filed that they messed up with in the first place. They took the first part of his SS#, our middle is the same, and the last part of my SS# XXXXX they entered the information. They are on lines next to eachother on that form, so I can see how it happened, they admitted their mistake, but will now not fix it.
Expert:  Merlo replied 5 years ago.
Hello ag ain twin,

I do understand how difficult it can be at times when dealing with the IRS. Once a mistake has been made (even on their end), it can take forever to get it corrected, and it is very frustrating. Unfortunately there is no quick or magical fix for this.

I have had many, many occasions where I needed to deal with the IRS on various issues involving errors, and I know from personal experience how difficult it can be to even get through to the IRS by phone, and then depending on the representative you finally get connected to, your question may or may not be answered.

If this were me, I would personally try calling the IRS again --- maybe even 2 or 3 times if necessary. Hopefully you will eventually get connected to a rep that is willing to help you over the phone. If that is not successful, then you will have no choice but to write a letter to the service center where you filed his return, and explain in the letter the details of what has happened here. One other suggestion I would make is to go in person to a local IRS office in your area. That would likely be a speedier process than trying to correspond with them through the mail.

If this was helpful please press the Accept button.

Thank you twin

Customer: replied 5 years ago.
Calling again, 2 or 3 times? Going to the office in person or writing a letter? This is the expert advice? NO THANK YOU!

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