I am not a lawyer. However, this Tax Advocate...sounds like the problem-solving department i had to deal with about ten years ago when a refund I really needed was being held up. It was the year they realized that a lot of people were lying to get the earned income credit and they were verifying the actual existence of the dependents claimed, by hand apparently. This office was able to expedite verification that I do in fact really have two children.

If it is the same office then they are supposed to be on your side, and it does sound like they are at least getting your some answers. I am not a lawyer, again, but it seems to me that if you refunded the money it is not income, and if you have a copy of the check that should be proof enough. Personally, I would politely nag these people. Call them every three days or so asking them for updates. Express concern and a desire to see the matter straightened out. Ask them what it is you are supposed to do. Etc.

Hope that helps a little, and good luck.

Dana

> Hi guys,
>
> As usually, before tax dealine around 4/15/2002, I hird HR Block do my
> tax for 2001, I did my own estimate, refund came to be around $8500
> something, the HR Block lady did her calculation for the refund to be
> something like $9100.  
>
> More than six months passed after the return was filed, nothing came
> from IRS, I became anxious and asked HR Block, some one else in the HR
> Block did recalculation, the refund was reduced to $2300 something, I
> don't know why.  They then re-filed it for me.  That was mid Dec, 2002.
>
>
> After some snow and moon, probably Oct or Nov, 2003, I got one letter
> from IRS stating a refund in the amount of $2300 something is on my
> way within two weeks something unless something else.  What's that?  
> Is it really on my way or not?  If there's something else, what's
> that?  Couldn't you tell me, I mean, I pay tax each and every year and
> because I'm not an expert I hire professionals (HR Block) to do it, I
> believe I'm a contributing and law-binding resident/citizen, isn't irs,
> a branch of the government works/represent its citizens, in a way?  
> why treat people like that?
>
> Three weeks later, no, nothing.  I called up IRS again, some one told
> me to give Tax Advocate, what's that?  another government entity?  why
> not get to the bottom of the problem and solve it?  The Tax Advocate
> lady told me, $5000 income was not reported in the filing, but the
> thing was, that $5000 was an arrangement with/payment from an Indian
> (he may be an American citizen but he's a liar hence I called him
> Indian (East Indian), btw, I've met good East Indians), and I sent him
> a check of $5000 after the arrangment did not work out.  So, the tax
> advocate lady asked me what's going on, I said, I did not have a penny
> with that deal, and you know what, when I called up the sucker's
> company to inquire about it, they told a lie in your face, we never
> receive a check of $5000 from you, then, I had to go to my bank, to
> get a list of my checks for a period of time, there, the check, cashed
> check of $5000 paid to the sucker was there,  I sent a copy to the tax
> advocate lady, that was probably last Novemember something, long time
> ago.
>
> Up till yesterday, I still haven't got my refund from IRS, so, I
> called them again, a lady told me she fully understood my concern and
> said if she were me she would be extremely upset as well, but now it's
> up to the Tax Advocate, god damn it, I mean, I did not do anything
> wrong, some neglect or something I did not remember 100% accurately,
> totally possible, but to put me / subject me to some crazy scrutine, I
> think is simply wrong and not a good use of tax-payers' money.  I
> asked the IRS lady to support the whole thing to her boss and to see
> if he/she could do something about it.
>
> What's your experience?  If you were me, what would you do?
>
> Thanks.


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