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Diego Fernández

IRS Audit Notice for Unreported Meme Stock Transactions - Need Explanation

I recently got a letter from the IRS saying I owe them $19k for unpaid taxes on my 2021 investment activity. Back when the whole meme stock craze was happening, I jumped on the bandwagon and my account went from about $250 to almost $20k before crashing back down to around $950. At the peak, I never actually sold anything because of that whole trading restriction fiasco (not looking to rehash that drama). When my tax guy and I went through my paperwork, we found this document neither of us had seen when filing my 2021 taxes. According to this file, I supposedly made $67k in stock profits that year - which is completely false because most of my gains evaporated when those stocks tanked. Looking closer at this document, there are hundreds of weird transactions ranging from a few bucks to one massive one for like $32k, but I never had that kind of money in my account. The strangest part is that these transactions don't show any buy/sell dates, no stock names, and no cost basis - just "proceeds" listed. I did have a few legitimate transactions totaling around $3-4k that I paid taxes on without any issues, but the rest seems like phantom money that never actually existed in my account. Has anyone else dealt with this kind of IRS audit situation with investment accounts? Is this a common problem? I completely stopped trading after that whole mess, but I need to figure out what's happening with this audit notice.

This sounds like a cost basis reporting issue that happens a lot with high-volume trading, especially with those volatile meme stocks in 2021. What likely happened is your brokerage submitted a 1099-B to the IRS showing all those transactions as proceeds without properly reporting your cost basis (what you paid for the stocks). When the IRS gets a 1099-B without cost basis information, they assume your basis was $0, which makes it look like every sale was 100% profit. That's why they think you made $67k when you actually didn't. You'll need to gather your own records showing what you actually paid for those stocks. Look for account statements, trade confirmations, or download your transaction history from your brokerage account. Then file a Form 8949 listing each transaction with the correct cost basis. Also complete a Schedule D and file a response to the audit notice with these supporting documents. If your brokerage platform was one of those involved in the trading restrictions, they might have had reporting issues that affected thousands of traders. This isn't uncommon with the volume of new investors that year.

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Thanks for this explanation! This makes so much sense now. I checked and the brokerage definitely didn't include my cost basis on most transactions. But I'm confused about one thing - do I need to get corrected 1099-B forms from the brokerage, or can I just submit my own documentation showing what I paid? Also, is there a time limit for responding to the IRS? The letter arrived about 3 weeks ago and I've been panicking.

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You can use your own documentation if you can't get corrected forms from the brokerage. Just make sure to check box B on Form 8949 to indicate the transactions were reported to the IRS but with incorrect basis. Keep all your supporting evidence in case they ask for it later. You typically have 30 days to respond to an audit notice, but you can call the number on the letter to request an extension if needed. Don't ignore the deadline - even a partial response is better than no response. The most important thing is to communicate with them and show you're actively working to resolve it.

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After going through something similar with crypto transactions, I found this amazing tool called taxr.ai that saved me tons of headache during my audit. https://taxr.ai actually specializes in helping with exactly these kinds of investment transaction discrepancies. I uploaded my brokerage statements and the IRS notice, and their system automatically identified the cost basis issues and reconstructed my actual trading history. They generated all the necessary documentation showing my real gains/losses and drafted a response letter to the IRS explaining the discrepancy. The whole process took me about 30 minutes instead of days of manual work. My situation was with crypto rather than meme stocks, but the core issue was the same - incorrectly reported basis leading to a massive phantom tax bill. They have experience with all the major brokerages including the ones involved in those 2021 trading restrictions.

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How long did it take for the IRS to accept your explanation? I'm dealing with something similar but with options trading and I'm worried they'll just reject whatever I send them.

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Does this work for older tax years too? I got a similar notice but for 2020 transactions, and my old brokerage account doesn't even exist anymore since they got acquired by another company.

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It took about 8 weeks to get a response from the IRS accepting my documentation. They reviewed everything and adjusted my tax bill from $12k down to $780, which matched what I actually owed. Just make sure all your documentation is thorough and consistent. Yes, taxr.ai works with tax years going back several years. My issue was actually from 2019, and they were able to help reconstruct my trading history even though some of my exchanges had shut down. They have methods to validate transactions even when the original platform is no longer accessible. They just need whatever statements or confirmation emails you still have access to.

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I tried taxr.ai after seeing the recommendation here and it was exactly what I needed! My situation was nearly identical - got hit with a $28k tax bill for trades I made during that crazy meme stock period. The tool analyzed all my transactions and identified that my brokerage had reported over 200 trades without any cost basis information. The platform generated a complete Form 8949 with all my correct cost basis amounts and a detailed letter explaining the reporting error to the IRS. Just got confirmation yesterday that my case was resolved and my tax bill was reduced to $2,340 which matches what I actually owed on my real gains. The whole situation was causing me so much stress I couldn't sleep, but having proper documentation made all the difference. The IRS actually responded faster than I expected once they had the complete information.

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If you're still having trouble getting through to the IRS after sending your documentation, check out https://claimyr.com - they got me a real IRS agent on the phone in under 15 minutes when I was dealing with my audit. You can see how it works at https://youtu.be/_kiP6q8DX5c but basically they navigate the IRS phone system for you and call you back when an agent is about to pick up. I was getting nowhere trying to call myself (kept getting disconnected after waiting on hold for hours), but using their service I got connected to someone who could actually explain what documentation they needed to clear up my audit. The agent even put notes in my file about the upcoming documentation I was sending. Having a direct conversation made a huge difference - the agent explained exactly what forms I needed to submit and confirmed that this cost basis issue is super common with the 2021 meme stock situation. They said thousands of people got similar audit notices because of reporting problems with certain brokerages.

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How does this service actually work? I'm confused about how they can get through when regular people can't. Is this something sketchy or actually legitimate?

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This sounds like BS honestly. I've tried everything to get through to the IRS and there's no way some service can magically skip the line. They're probably just charging you for something you could do yourself if you called at 7am when they open.

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They use an automated system that continually calls the IRS and navigates the phone tree until it detects a human is about to answer, then it connects that call to you. It's completely legitimate - they don't have special access, they just have technology that handles the frustrating hold times for you. I was skeptical too but it's actually very straightforward. They don't skip any lines or do anything shady - they just automate the process of waiting on hold. I spent over 15 hours trying to call myself with no success before using this. The IRS has even acknowledged these services exist and hasn't raised any issues with them since they're just helping people access services they're entitled to.

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I have to eat my words about Claimyr. After posting my skeptical comment, I decided to try it myself since I've been dealing with a similar audit situation with no success calling the IRS myself. It actually worked exactly as advertised. I got a call back in about 45 minutes saying an agent was about to pick up, and I was connected to someone who was extremely helpful. The agent confirmed I needed to file Form 8949 with my correct cost basis information and said they would put a 60-day hold on collections while I gathered my documentation. This saved me so much stress - I'd already spent countless hours on hold over the past few weeks and never reached anyone. Being able to talk to a real person who could actually help was worth every penny. They didn't magically skip any lines, they just handled the miserable hold time process for me. Sorry for being so negative before trying it. Sometimes things that sound too good to be true actually work!

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I had almost the identical situation with meme stocks in 2021. The key issue is "wash sales" that weren't properly reported. If you were trading the same stock multiple times within 30 days (which most of us meme stock folks were doing), the wash sale rule affects your cost basis. The brokerage SHOULD track this, but many of the discount brokers had systems that couldn't handle the volume of trades happening during that crazy period. You need to go through your trades chronologically and identify any wash sales, then adjust your cost basis accordingly. It's tedious work but you can absolutely get this fixed. The IRS is actually pretty reasonable when you can show proper documentation that proves your real gains/losses.

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What software did you use to track your wash sales? I've been trying to use Excel but it's getting really complicated with hundreds of trades.

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I ended up using a combination of TaxAct Premier (which has a decent stock transaction import feature) and a custom spreadsheet. The key is to sort all transactions by stock symbol and then by date, which makes it easier to identify the 30-day windows. If you have more than a hundred transactions though, I'd strongly consider using a specialized tool like the one mentioned above or hiring a tax pro who specializes in investment taxes. I spent nearly 40 hours reconstructing everything manually and still wasn't 100% confident in my calculations. It's worth paying for help with this many transactions - especially with an audit on the line.

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Quick tip that helped me with a similar situation - if your IRS letter has a CP2000 number on it (check the top right corner), this isn't technically an "audit" but an automated underreporter notice. These are easier to resolve than a full audit. For CP2000 notices involving investment income, they're automatically generated when your 1099-B forms don't match what you reported. As others have said, you need to file a response with Form 8949 showing your correct cost basis. The good news is the response rate for these notices is actually pretty high if you provide proper documentation. I was in a similar situation with about $45k in "phantom gains" and got my case completely resolved within 3 months.

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Yes! This is exactly right. CP2000 notices are handled by a different department than actual audits. When I called (using that phone service mentioned above), the agent confirmed that these notices are super common for the 2021 tax year because of all the trading platform issues.

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