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?


Asked on 7/15/06, 11:10 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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?

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Answered on 7/16/06, 12:43 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 7/16/06, 10:34 am
Joshua Hale Hale Law Group

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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Answered on 7/16/06, 4:25 pm


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