Tax Law (Questions About Taxes)/Fraud and Lien


I have a family member who got a notice from the IRS for owing taxes where it appears someone else filed and got a refund. Things were made worse because this person never responded to the IRS notification and left things unaddressed. I advised this person to visit the local IRS office, who ended up setting him up with monthly payments to pay this lien.  I am not convinced this was appropriate, given the circumstances but they said he could get the funds he pays back, if they investigate the fraud and find him not at fault.  This was about 5 months ago, there has been no acknowledgement to the fraud affidavit he filed and he continues to pay the monthly amount.  You can never get through to a body at the IRS when you try to call, especially now at tax season.  The local office requires you to get there at 7 am an wait in line to get a ticket, or you don't get to see anyone, and it takes hours. Now its time to file for 2013 and I am afraid things are going to get more confused. He is indigent and does not have the resources to pay someone to help him.

Do you think he should contact a taxpayer advocate? can they be trusted? thank you


Thanks for your question.

I would most definitely contact the office of taxpayer advocate.  If fraud has been committed against him, there is no way that he should have been set up with a payment plan.  In these situations, just going in to the local office is not likely to render much help.

Here a a link for the taxpayer advocate office:

Hope this helps.

John Stancil, CPA

Tax Law (Questions About Taxes)

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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The CPA Journal, Florida CPA Today, Green Consumer, Green Business, Global Sustainability as a Business Imperative, Palmetto Review, NATP TaxPro Quarterly, Mustang Journal of Finance and Accounting.

DBA University of Memphis MBA University of Georgia BS in Accounting Mars Hill University

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