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One Taxpayer’s Identity Theft Saga – Part 4

This is the story of Wendy Boka’s saga with identity theft and the IRS. Her husband Brian died in January 2010 and someone stole his identity and filed a fraudulent tax return in his name. We’re still trying to get the IRS to sort this mess out — all these months later.

The names are real and are used with Wendy’s permission.

You can find out more about Wendy at her blog, http://www.wendyrebuilding.blogspot.com/.

—–

Read the previous parts of this story: Part 1, Part 2 and Part 3.

The person I talked to at the IRS in mid-May was confused about what was going on. I had to explain (again!) about the identity theft, that it was Brian’s identity that had been stolen but that he had died and the notices were being sent to his surviving spouse, Wendy. This seemed to boggle the mind of the IRS representative. They couldn’t understand why I was calling on behalf of Wendy when it was Brian’s identity that had been stolen.

After a ridiculous amount of re-explaining everything I had told them at least three times before, the collections department agreed to place another 60-day hold on further collection actions against Wendy.

I was told — again — to call in 60 days and “update them on what’s going on.” And again, I was told to call before the 60 days were up if we heard anything from the identity theft unit.

Of course, the 60 days came and went with nothing happening. There was another phone call with the IRS in July, which I’ll talk about in Part 6, but still no resolution. So to summarize: Brian died in January of 2010. Wendy moved to Texas that year to try to rebuild her life. And here we are, almost 31 months later, and Wendy still has no official closure because of this mess.

I did learn some interesting information from the IRS, though, about the fraudulent tax return that was filed in Brian’s name. I’ll share those details in Part 5 on Thursday.

One Taxpayer’s Identity Theft Saga – Part 3

This is the story of Wendy Boka’s saga with identity theft and the IRS. Wendy’s husband Brian died in January 2010. After Brian’s death, someone stole his identity and filed a fraudulent tax return in his name. We’re still trying to get the IRS to sort this mess out — all these months later.

Brian and Wendy were native Iowans, but Wendy moved to Texas after Brian’s death. You can find out more about Wendy at her blog,  http://www.wendyrebuilding.blogspot.com/. As time allows, Wendy will share her thoughts about the identity theft mess on her blog.

The names are real and are used with Wendy’s permission.

—–

Click here for Part 1 and here for Part 2.

The first notice from the IRS came in late December, 2011. The notice said that Wendy hadn’t filed a 2010 tax return and that the IRS would take collection action against her if she didn’t file the return immediately.

She had, of course, filed a 2010 tax return. I had talked to the IRS about this in August. We had sent them the forms they requested. But now they were saying she hadn’t filed a return.

So I prepared a letter in response to the notice, and mailed it to the IRS. I knew the IRS had received the letter because I sent it certified mail with return receipt. But as usual, we heard nothing back from the IRS … until another notice came in mid-March.  The IRS was again threatening to take collection action against Wendy unless she filed her 2010 tax return immediately.

So this time I called the IRS. The collections department was now handling her case, so that is who I talked to. They had no idea about the identity theft. I had to tell them the whole story, from the beginning.

Apparently the conversation I had with the IRS practitioner hotline in August wasn’t documented in anything the collections department could see. And apparently the IRS’s identity theft unit doesn’t talk to the collections department, either.

I asked about the letter I had sent to them in response to the December notice. If they had read that letter, it would have explained everything.

I was told that they had received the letter, but it hadn’t been processed yet. They received the letter in early January. This was the middle of March. Apparently it takes the IRS 9+ weeks to open the mail….

On the bright side, I did get the collections department to put a 60-day hold on further action. I was supposed to call again in mid-May, when the 60 days were up.

They also told me that if I heard anything from the identity theft department in the meantime, I was supposed to call and let the collections department know. Obviously the various departments at the IRS don’t communicate with each other, so I had to act as middleman.

But of course, the 60 days passed quietly, with no contact from anyone at the IRS.

As requested, I called the IRS again in May, at the end of the 60-day period. That was another fun phone call.

(Part 4 will appear on Tuesday.)

One Taxpayer’s Identity Theft Saga – Part 2

This is the story of Wendy Boka’s saga with identity theft and the IRS. Her husband Brian died in January 2010 and someone stole his identity and filed a fraudulent tax return in his name. We’re still trying to get the IRS to sort this mess out — all these months later.

The names are real and are used with Wendy’s permission.

Wendy and Brian were native Iowans. Wendy moved to Texas after Brian died. Wendy maintains a blog, http://www.wendyrebuilding.blogspot.com/, where she talks about the struggles of being a young widow. As time allows, Wendy will be blogging her thoughts on the identity theft saga as well.

—–

(Find Part 1 of the series here.)

When the e-file for Brian and Wendy’s 2010 tax return rejected, I assumed I had done something wrong, or that the software had done something wrong.

The printout of the rejection said Brian’s Social Security Number had already been used on a previously filed 2010 tax return. I once had an e-file reject because, instead of typing in the person’s Social Security Number, I entered an employer identification number from a W-2 instead. That was embarrassing, but easy enough to fix.

After I received the rejection notice, I double- and triple-checked Brian’s SSN. It was entered correctly.

So I assumed my software messed something up, and I submitted the e-file again. And again it rejected.

I called Wendy and told her what was going on. I asked her to call the IRS and see if they could tell her anything.

They couldn’t. In fact, the person she talked to just told her, brusquely, that she’d have to file the return on paper if we couldn’t get the e-file to go through.

So we filed on paper. This was mid-April, right before the filing deadline.

Months passed.

Wendy was owed a refund from this IRS, but the refund never came. In fact, no correspondence came from the IRS at all.

By August, I decided it was time to rattle the IRS’s cage. I had Wendy sign a power of attorney form and I called the IRS.

I was informed that in order for them to process the return, they would need a special form filled out (Form 14039) and a copy of Brian’s death certificate.

I don’t know why they didn’t tell us they needed these things at some point in the four months between when we filed the return and when I called.

I helped Wendy fill out the Form 14039, and she had to open up painful memories by finding Brian’s death certificate. By this time, Wendy had sold her and Brian’s house in Iowa and moved to Texas to try to put her life back together. This sort of thing was the last thing she needed.

But we sent the paperwork to the IRS, and then waited for a response.

And waited.

And waited.

Nothing at all from the IRS.

Then the ominous-sounding IRS notices started coming.

(The series continues with Part 3 on Friday.)

One Taxpayer’s Identity Theft Saga – Part 1

(This is the first of a multi-part series on one taxpayer’s saga with identity theft and the IRS. I am using the taxpayer’s real name, with her permission. In fact, the taxpayer is going to be blogging about the saga, too.)

—–

Brian Boka was my best friend. We met as roommates our freshman year at Simpson College. We shared many crazy adventures in college, most of which I can’t talk about on a public blog. Let’s just say we lived the typical college life!

Brian and his wife Wendy were my very first paying client. I started my firm in January 2009 with 3 clients. Brian and Wendy were client #1.

I prepared Brian and Wendy’s taxes and met Brian at Rock Bottom Brewery in West Des Moines to return everything to him. This was March of 2009.  I didn’t know that this would be the last time I would see Brian.

There were a few e-mails throughout the year, but that meeting in March 2009 was the last time I would actually see Brian alive.

He died suddenly in January 2010. He was 31 years old.

He left behind his wife, Wendy, who became a widow much too soon at age 29.

Wendy remained a client after Brian’s death, and my role as accountant became more important than ever, to help guide her through the tax aspects of all the financial things that needed done after Brian’s death.

Neither one of us knew that we would still be dealing with Brian’s taxes all these months later.

But we are, because someone stole Brian’s identity after he died and filed a fraudulent tax return using Brian’s name and Social Security Number. This has made a big mess for Wendy and me to deal with.

This is the story of that mess. I’ll be writing from the tax side of things. Wendy will be writing about the emotional side at her “Wendy Rebuilding” blog, http://www.wendyrebuilding.blogspot.com/

This series will be at least 8 parts long. Part 2 will appear on Wednesday.

Coming 8/20 to Indianola – Obamacare, The Taxman and You

On Monday, August 20th, I’ll be giving a presentation in conjunction with the Indianola Chamber of Commerce about the tax implications of the Affordable Care Act.

The Chamber is modestly calling it a lunch & learn that will give more information about the Affordable Care Act, but I prefer to use the more colorful title of “Obamacare, The Taxman and You.” (Yes, I’m a dork — I was giddy with excitement when I came up with that title.)

I’ll be talking about the tax side of the Affordable Care Act, and someone from Merit Resources in Urbandale will be presenting about specific insurance requirements that employers need to be aware of.

If you’re in central Iowa and would like to attend or would like more information, contact the Chamber at 515-961-6269. The registration fee is $15.

A location has not been determined yet, but the presentation will run from 11:30 to 1:30 on August 20th in Indianola.

Will Obamacare Tax Your Home Sale?

I’ve seen another round of chain e-mails and web postings about this, so here we go again: not everyone will be taxed on home sales under “Obamacare”.

The health care reform bill does indeed assess a 3.8% surtax on investment income, which would include gains on home sales. But the tax doesn’t apply to everyone.

The first question is: did you own and live in the home at least 2 out of the last 5 years prior to the sale?

The second question is: did you sell your home for more than you originally paid for it? The technical tax term for this would be selling your home for a gain.

If you owned and lived in your home for at least 2 out of the last 5 years prior to the sale, you can sell your home for a gain of up to $250,000 (if you’re single) or $500,000 (if you’re married) without being taxed on the gain.

The next question is, is your total income above $200,000 if single or $250,000 if married? If your income is less than this, the 3.8% tax doesn’t apply to you even if you have a taxable gain from the sale of your home.

Example:

John and Mary sell their home for $600,000. They originally paid $50,000 for it. Their gain is $550,000. Because they meet the 2-out-of-5 rule, they can exclude $500,000 of that gain. The $50,000 remaining gain will be subject to capital gains tax, but will only be subject to the 3.8% surtax if their total income, including the $50,000 taxable gain, exceeds $250,000.

Image: FreeDigitalPhotos.net

Deducing Whether Deductibles are Deductible

Are insurance deductibles tax deductible? This question comes up frequently. As with everything in the tax world, the answer is “maybe.”

Health insurance deductibles are counted along with other medical expenses and may or may not be deductible, depending on if the total of all medical expenses exceeds 7.5% of your income.

It’s more complicated when the deductible relates to personal property such as damages to roof shingles on a home after a storm.

Damage to your roof from a storm is considered a casualty loss. The amount of casualty loss deduction depends on a number of factors, including your basis in the home, its market value prior to the storm, its market value after the storm, and the amount of reimbursement received from insurance policies.

Deductibles could factor into the calculation, too, if everything is reimbursed by the insurance company except for the deductible. But remember, personal casualty losses are reduced by $100 and then by 10% of your income. So if you have $50,000 of income, you would have to have paid more than $5,100 ($100 + 10% of $50,000) of insurance deductible in order to take a casualty deduction at all.

Dinesen Tax is Now on Alltop

I am honored to say that my website has been added to Alltop (http://taxes.alltop.com/).

This is humbling for me, especially considering that just three years ago my practice consisted of 3 clients and a hideous, self-designed, free Google website.

My original website, in all its “glory”

I’ve come a long way since then!

For more information about what Alltop is, click here.

Planning for Alternative Minimum Tax in 2012

I posed the following question to my fellow tax professionals on Twitter a few weeks ago:

Typical of the modern-day Twitter experience, I got exactly ONE response (thanks, Anthony Falcone!). (For more on the near 0% readership rate anymore on Twitter, see this article by Mike Sansone.)

But I digress.

I am advising clients that an AMT patch will almost certainly be passed for 2012. As is brought up every few years when an AMT patch has expired or is about to expire, tens of millions of people would become subject to AMT if no patch is passed. It seems like a politically safe thing for both parties to agree to.

Anthony Falcone, a CPA in New Jersey and the only one to respond to my Tweet, agrees. His response to my Tweet was, (paraphrasing): he is advising clients — for now — that an AMT patch will be passed.

Being in the Tax Business and Making Mistakes

I read with great interest Bruce McFarland’s response to a bookkeeper asking him for advice about mistakes the bookkeeper made on a partnership tax return.

If there’s one thing to know when you start your own tax or accounting business, it’s this: you are going to make mistakes in those early days.

I don’t care how much prior experience you have, or how long you’ve worked at a CPA firm or a tax firm, or what sort of licensing you have. There’s a world of difference between being an employee and running your own firm.

When you’re an employee, your manager or the owner bears the final responsibility for everything. Sure, they may expect a lot out of you, but ultimately they, not you, are responsible for the finished product. It’s different when your name is on the bottom line, when you are the one ultimately responsible for everything that goes out the door.

To that end, I think there are the two things an accountant should do from Day 1 when they start their own practice:

  • Network. Networking is the best way to acquire new clients. But you should also be networking with fellow accountants. They will be people you can turn to when you encounter something you don’t feel comfortable with or aren’t sure how to handle.
  • Get error and omission insurance. I’ve never had to use it, but I’m glad I have it. The likelihood of a client suing you for a mistake is remote, but it’s vital to have E & O insurance just in case.

And I can offer two other pieces of advice that I’ve learned the hard way since striking out on my own:

  • Ask questions of your clients. Never, ever just “assume” something. This gets easier as you get more experience. You learn what to look for, what to ask and how to ask it.
  • Be wary during tax season of taking on business clients you’ve never dealt with before — the ones who call and say “Yeah, I have a partnership/LLC/S-Corp, etc. and need the tax return prepared. How much do you charge?” My biggest headaches have come from business entities that “just” need the return prepared. My policy now is that I won’t take on the random callers looking for someone to “just” prepare their entity’s tax return unless they also hire me as their ongoing accountant. I may lose some prospective clients with this policy, but I am protecting my firm in the long run.

I’m no grizzled veteran, but these are things I’ve picked up in 4 tax seasons on my own. Do any other tax pros out there have advice for newcomers?

Image courtesy of FreeDigitalPhotos.net

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