Legal Question in Business Law in California
company filed phony tax return
a company i worked for filed a phony tax return saying they paid me 20k more than they did. now the irs wants me. is there a civil cause of action to cover this? if so, what is its name?
3 Answers from Attorneys
Re: company filed phony tax return
If the IRS is after you, show them your W-2. In fact, you might want to get a tax specialist to assist you. I suppose a creative litigation lawyer can find ways to file a lawsuit. But would it be worth paying a lawyer tons of money when you should be able to get the IRS to believe you?
Re: company filed phony tax return
My hunch is we don't have all the facts here. For example, you don't mention whether your W-2 shows the correct amount or not. Showing the IRS a false W-2 wouldn't help.
Also, is it possible the company is claiming some sum other than your basic salary as taxable compensation -- such as your personal use of a company car, severance pay, something having to do with an IRA cash-out, etc.?
Is the company willing to discuss the matter? If so, get an accountant with substantial tax experience and have him/her straighten it out with the company, then with the IRS.
Don't pay a lawyer or file a suit until you have a better picture of the company's position and the applicable tax law.
Re: company filed phony tax return
You may have a claim in CA for a privacy or other related tort, such as false light, since this false information was published by your company and makes you looks as if you are doing something illegal.
Regards.
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