Subpoena of IRS Investigation Records

[mo_diddley]

Hi,

I submitted an IRS affidavit to investigate identity theft after it was discovered that a business used my social security number to file for a false income tax return. The IRS investigation determined that my social security number had, indeed, been stolen. I have a strong suspicion that the business is my former employer; however, before I can press charges or sue, I need to confirm who is responsible.

How do I go about obtaining the details/documents of the IRS investigation for a civil case that I have yet to file?

thx. mo

[flyingron]

You can't "press charges." You can make a complaint and it is up to the state (or feds) to decide whether to bring charges.
If you want to sue, you will need to most likely file the suit so you can compel discovery.
If you're fishing, you can try a Privacy Act inquiry on your own records. The info might be with the IRS but also with the Treasury Inspector General.

[SChinFChin]

Hi,

I submitted an IRS affidavit to investigate identity theft after it was discovered that a business used my social security number to file for a false income tax return. The IRS investigation determined that my social security number had, indeed, been stolen. I have a strong suspicion that the business is my former employer; however, before I can press charges or sue, I need to confirm who is responsible.

How do I go about obtaining the details/documents of the IRS investigation for a civil case that I have yet to file?

thx. mo

Did you try obtaining the information through the FOIA (Freedom of Information Act)?? Each government agency has it's own contact point for FOIA, and for the IRS, go to the Department of the Treasury, then select an office, select "Internal Revenue Service" via this link:

http://www.foia.gov/report-makerequest.html

You'll notice the panel to the left of the link page contains info on what is FOIA, how to file etc. You can try this route first.

[Bubba Jimmy]

How do you know a business filed a false income tax return? Why would your former employer do this? What would be in it for them?

There were literally a massive number of identity theft cases this year. Perhaps as many as several hundred thousand. The IRS is losing billions due to individuals being able to file anonymously for free online and then having refunds deposited on anonymous debit cards they get from Walmart. All they need are SS#'s, which they get from a girlfriend who works in a doctor's office or an insurance office or some such thing. It is a HUGE problem. I cannot imagine a business fraudulently filing a personal tax return. Who told you it was a business? The IRS typically will tell you absolutely nothing about who has perpetrated a crime.

[mo_diddley]

When I first learned of the problem I contacted the irs, and a representative mistakenly told me that a business in California was responsible for cashing in on over $8000 by filing a false claim using my ss#. While this had been going on, my employer and I were in the midst of a wrongful termination case, which I ultimately won. This incident would be one of several of their retaliation tactics, if my hunch is correct, of course.

Thank you for the information!

[Bubba Jimmy]

The IRS would have no idea that a business filed an individual tax return fraudulently. I believe you have misunderstood or one of their less articulate reps gave you inaccurate information. There is nothing on the return that indicates who is filing it. It identifies only the Electronic Return Originator (ERO). Take a laptop to a starbucks and you can file anybody's return electronically using their SS# and making up whatever numbers you like. $8,000 is about right, that's what most of the crooks shoot for. Do that 100 times and they have some real money loaded onto anonymous plastic that can't be traced. It's a really big problem. I would bet the farm that your ex-employer has nothing to do with this.