The person who filed my taxes re-directed my refund into his account. I realize that the IRS is not at fault because they sent the money to the account specified on the return, however, the bank where the funds where deposited to have confirm to me that the account in question did not bear my name. Can that bank be compelled to replace my funds since they allowed my refund to be deposited into an account that did not bear my name?
1 Answer from Attorneys
Neither the IRS nor the bank are going to provide you with financial relief. IRS is obligated to pay out the funds to the account number at the financial institution they are provided. The bank is obligated to allow deposit of the funds into the designated account. If your return preparer is not going to give you the funds, you're going to have to sue the preparer. You should report the fraud to the IRS and the bank, but this won't get you your money back, it will just improve the odds that the preparer will be called to account. You should also consider filing a police report.
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