How do I resolve an incorrect IRS deficiency notice? CP3219A has wrong duplicate income
So I'm trying to keep this brief, but it's complicated... My husband got this CP3219A notice last October for our 2023 return. The IRS is saying he didn't report two things: 1) money from a class action settlement and 2) an early withdrawal from his IRA. The main problem is with the settlement money. The IRS notice is counting it TWICE - once as a W-2 with tax already withheld and again as a 1099 with no withholding. My husband never received proper tax documents from the settlement administrator so we have no idea which one is correct. We tried calling the administrator but their contact info doesn't work anymore - disconnected number and mail gets returned. We submitted Form 2848 giving the IRS permission to contact the settlement folks directly to verify this income. For the IRA distribution, yes he did owe the 10% early withdrawal penalty, but the taxes were already withheld properly. The frustrating part is we never got the initial CP2000 notice or we would've dealt with this months ago! The deficiency notice calculates a much higher tax bill than we should actually owe because of the duplicated income. What's the best way to get this resolved when we can't even contact the settlement administrator?
18 comments


Peyton Clarke
Tax notice specialist here. This is a common issue with CP3219A notices (statutory notices of deficiency). When you receive this type of notice, it means you're at a more serious stage of the process since you've moved beyond the initial CP2000 underreporter notice. The key here is to file a petition with the U.S. Tax Court within 90 days of the date on your CP3219A notice. This preserves your right to challenge the assessment without paying first. The deadline is non-negotiable, so this needs to be your immediate priority if you're still within that window. For the duplicate income issue, you need documentation showing it's the same income reported twice. If you have bank statements showing only one deposit that matches either the W-2 or 1099 amount, that's helpful evidence. Also gather any settlement paperwork you received, even if it doesn't have tax info. For the IRA distribution, if you're not disputing the early withdrawal penalty, just note that in your response so the IRS knows which parts you're agreeing with versus contesting.
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Vince Eh
•What happens if the 90 days have already passed? We just got our notice yesterday but it's dated over 3 months ago. USPS has been terrible in our area lately.
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Peyton Clarke
•If the 90 days have passed, unfortunately you lose the ability to petition Tax Court before paying. However, you still have options. First, check the postmark on the envelope - the IRS is required to mail these notices, and sometimes there's evidence of late mailing that can help your case. If you truly received it late, immediately call the IRS and explain the situation. Document this call with the date, time, and representative's ID number. Then you can still pay the disputed amount and file a claim for refund using Form 1040X. Once your refund claim is denied (or after six months with no response), you can file a refund suit in either U.S. District Court or the U.S. Court of Federal Claims.
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Sophia Gabriel
I went through something similar with duplicate income on a CP2000 last year. Instead of trying to chase down the third party, I used https://taxr.ai to analyze all my documents and bank statements. They have this feature where their AI looks for duplicate transactions and income reporting issues. The system flagged the exact same income being counted twice, created a detailed report showing the duplicate entries, and generated a response letter with all the evidence attached. The best part was I didn't have to keep calling the IRS or the company that sent the incorrect form. I uploaded my bank statements showing I only received the money once, and taxr.ai matched the deposit to the correct tax document. They actually have specialists who review everything before finalizing your response.
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Tobias Lancaster
•How long did the whole process take? I'm getting anxious because my 90-day deadline is coming up in about 3 weeks.
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Ezra Beard
•Idk seems sketchy to trust some AI with all your financial docs. How do you know they're not harvesting all that data to sell? No offense but these days I'm super careful with who gets access to my tax info.
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Sophia Gabriel
•The process took about a week total - two days for the initial analysis after I uploaded everything, then another day or two to review their findings and generate the response letter. They make it very clear which parts of your response are ready to submit. Given your tight timeline, I'd get started ASAP if you decide to use it. The security concern is totally valid. I was hesitant too. What made me comfortable was their detailed privacy policy and the fact that they use bank-level encryption. They also give you the option to delete all your data after your case is resolved. My accountant actually recommended them because they're compliant with all the tax preparer regulations. They're not just some random AI tool.
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Ezra Beard
Just wanted to follow up - I actually ended up using taxr.ai after looking into their security policies. Really glad I did because my situation was more complicated than I initially thought. I had multiple 1099s where the company had filed corrections but the IRS only saw the originals, so it looked like I was hiding income. The system caught all the duplicate reporting and matched everything with my bank statements. It created this really detailed report showing exactly where the IRS calculations were wrong. I just had to print it out, sign the letter they drafted, and mail it with the supporting evidence they organized. Got a response back from the IRS last week saying they accepted my explanation and reduced what I owed by over $4,200! The whole process was way easier than when I tried disputing a different notice on my own last year and got nowhere.
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Statiia Aarssizan
I went through a similar nightmare with IRS notices last year. After weeks of calling and getting nowhere (literally 3+ hours on hold each time only to get disconnected), I found https://claimyr.com through a tax forum. They have this system where they actually wait on hold with the IRS for you, then call you when an agent is about to pick up. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c I was skeptical but desperate after waiting on hold for 4+ hours myself multiple times. When I used them, they got me connected to an IRS agent within 48 hours. I explained my situation with the duplicate income reporting, and the agent was actually able to put notes in my file and tell me exactly what documentation I needed to submit. They also confirmed which address to send everything to. Having an actual conversation with the IRS made all the difference rather than just sending papers into the void and hoping.
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Reginald Blackwell
•Wait, how does this actually work? Do they just sit on hold instead of you? How do they transfer to you when an agent answers?
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Aria Khan
•Sorry but this sounds like a scam. The IRS doesn't let third parties hold your place in line. And even if they did somehow connect you, the IRS would need to verify your identity before discussing anything about your account.
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Statiia Aarssizan
•They use a call system that monitors the hold music and waits for the change that happens when an agent is about to pick up. Then it calls your phone and conferences you in. You're the one who talks directly to the IRS agent - they just handle the waiting part. The IRS has no idea someone else was waiting on the line. When the agent answers, you're the one talking to them and providing your identity verification. It's basically like having someone physically sit next to your phone on speaker waiting for a human to answer. They never access your personal tax information or speak to the IRS on your behalf. The video link I shared explains the whole process visually.
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Aria Khan
I need to eat my words and apologize to Profile 12. After my snarky comment, I was still desperate to talk to someone at the IRS about my own notice issue. Waited on hold for 3 hours yesterday only to get disconnected again. I reluctantly tried Claimyr this morning. Got a text a few hours later saying they were on hold for me, then my phone rang and suddenly I was talking to an actual IRS representative! Explained my duplicate income situation, and she confirmed looking at my account that they had the same income recorded twice. She put detailed notes in my file and gave me a specific fax number to send my documentation to, along with a reference number to include. Said this would be much faster than mail. The agent was super helpful once I actually got to speak with a human! Just submitted everything so fingers crossed it gets resolved quickly.
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Everett Tutum
One recommendation based on my experience with a similar situation - when you submit your documentation for the duplicate income, create a VERY clear cover letter that explains exactly what happened. Use bold headings and maybe even highlight the key parts. I made the mistake of sending in a detailed explanation but it was all in paragraph form. The IRS agent later told me they get so many responses that they sometimes miss important details if they're buried in text. When I resubmitted with a clear "DUPLICATE INCOME REPORTING" heading and bullet points, it got resolved within weeks. Also, send everything certified mail with return receipt so you have proof they received it! That timestamp can be critical if they try to claim you missed a deadline.
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Misterclamation Skyblue
•Thanks for this advice! I'm working on my response letter now and will definitely format it with clear headings. Did you also include a table or some kind of visual that showed the duplicate income side by side? I'm trying to make it as obvious as possible.
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Everett Tutum
•Yes! A simple table was incredibly helpful. I created a three-column table: first column had the income source, second column showed where it appeared the first time (W-2 or 1099), and third column showed where it appeared the second time. I also included the exact dollar amounts and highlighted that they were identical. Another tip - make copies of EVERYTHING before you send it. I had to reference my submission during a follow-up call, and having copies of exactly what I sent made the conversation go much more smoothly. The IRS representative appreciated that I could tell them precisely what page to look at.
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Sunny Wang
I'm a retired IRS employee and want to add something important that others haven't mentioned. With a CP3219A notice, you need to know that the IRS is required to use a specific process to document your dispute resolution. Request that they document your case in the AUR (Automated Underreporter) system with a specific transaction code 599 with action code 3. This code indicates "taxpayer disagreement" and forces them to manually review your documentation rather than just processing it through automated systems. When you speak with an agent, use these exact terms and ask them to confirm they've entered this code. It creates a different workflow for your case that typically results in more thorough review.
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Hugh Intensity
•This is gold! Thank you for sharing this insider info. I'm dealing with a similar notice and would never have known to ask for this specific code. Does this work for regular CP2000 notices too or just the CP3219A?
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