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Victoria Jones

Need HELP ASAP - Tax Attorney or CPA for 1099 Misattribution Issue?

Omg, I think I royally messed up and need some serious guidance here... My wife runs the operations side of her mom's boutique clothing shop (it's a sole proprietorship under her mom's name). I handle all the tech stuff for the business, but apparently I'm terrible with the financial side. I made a huge mistake and set up 2 payment processing accounts for the business (Clover and PayPal) using my personal name and SSN instead of the business info. Now all that income - about $140,000 - has been reported to the IRS under my SSN with 1099-Ks. One of the processors flat-out refused to correct the 1099-K to show the business tax ID. Maybe they're right not to since I'm the dummy who put my info in originally. The other company did issue a new 1099-K with the business tax ID, but the IRS is now saying they need a corrected 1099-K showing $0 for me personally. The processor is taking forever and meanwhile the IRS is sending us a massive bill with penalties that's making me sick to my stomach. I'm wondering if the payment processor is actually REQUIRED to issue a correction since technically the same income is now being attributed to both me and the business? That can't be right. What's my best move here? Should I get a tax attorney who might be able to force them to fix the documentation? Or would a CPA be enough to handle this? I know lawyers cost way more, but we're talking about a tax bill that's going to crush us financially if we can't get this fixed.

You're dealing with what's called a "misattributed income" situation, and it's more common than you'd think with family businesses. Here's what you need to know: First, you'll need both a CPA and potentially a tax attorney, but start with the CPA. A good CPA who specializes in small business taxation can help prepare documentation showing the income was actually the business's, not yours personally. This typically includes bank statements showing the funds were deposited into business accounts, documentation that the merchandise/services were provided by the business, and a statement from the business owner (your mother-in-law) confirming these were business transactions. For the processor that already issued the corrected 1099-K to the business, you absolutely need that "zero" 1099-K for yourself. Keep calling daily and escalate to supervisors. Document every call. For the processor refusing to correct, this is trickier. Your fallback position is filing Form 8949 with your tax return, listing the 1099-K income and then showing an adjustment that reduces it to zero, with explanation "Income reported on business return, Form 1040 Schedule C of [mother-in-law's name and EIN]." If the IRS bill is substantial, you might need to get a tax attorney involved, as they can file a formal protest and potentially negotiate penalties.

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Thanks for the reply - really helpful. For the processor that's refusing to correct it completely, is there any legal requirement that they HAVE to issue a corrected 1099-K? Or are they allowed to just say "sorry you messed up, not our problem"? And if we do the Form 8949 approach, what are the chances the IRS accepts that without flagging us for an audit? The amount on the 1099-K is like $78,000 so it's not small change.

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Payment processors are required to issue corrected information returns when they contain errors, but they often argue that using your SSN wasn't their error - it was yours. Keep escalating with their tax department specifically, not general customer service. With the Form 8949 approach, you'll almost certainly get a notice from the IRS's automated matching system initially. However, if you have solid documentation showing the funds went to the business and were reported on the business tax return, you have a good case. The key is responding promptly to any IRS notices with complete documentation. About 60-70% of these cases resolve at the correspondence level without a full audit, but you should be prepared for additional scrutiny.

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How exactly does this work? Do they connect you with actual tax professionals or is it really just AI? I'm skeptical that AI alone could handle complex tax situations with the IRS. Did someone review your case personally?

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I've heard about these AI tax services but I wonder if they'd hold up if you actually get audited. Did they provide any kind of guarantee that their advice would be accepted by the IRS? $140k mistakenly attributed seems like something that might need a human expert.

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The service uses AI to analyze your documents and situation, but it's built by tax professionals who programmed all the tax rules and IRS procedures into it. No human reviews your specific case - that's why it's more affordable than hiring a CPA directly. They don't offer audit guarantees, but what they gave me was a complete documentation package that made it crystal clear to the IRS what happened. The step-by-step response templates were what really helped me. When the IRS sent a notice, I just followed the exact response procedure the system recommended, and it worked. The AI is specifically trained on tax notice responses and documentation requirements.

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Just wanted to update everyone - I actually tried taxr.ai after seeing the recommendation here and wow, I'm impressed! My situation wasn't identical (mine was a misclassified contractor payment), but the document analysis was incredibly detailed. The system identified exactly which paragraphs in the tax code applied to my situation and generated a perfect response letter to the IRS. I was honestly skeptical that AI could handle something so complex, but it worked perfectly. The IRS accepted my explanation and documentation package on the first try. No more notices, no more stress! They even provided templates for following up if the IRS didn't respond in a certain timeframe. Definitely worth checking out if you're dealing with misattributed income issues.

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How does this actually work? The IRS phone lines are notoriously impossible to get through. Is this some kind of priority line or something? Seems too good to be true that they could get you through when the IRS phone system is practically designed to make you give up.

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This sounds like snake oil to me. Nobody can get through to the IRS these days - I tried calling 23 times last month and never got a human. What's their secret sauce? And did talking to someone actually solve your problem or did you still have to submit all the same documentation anyway?

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It's definitely not a priority line - they use technology to navigate the IRS phone tree and wait on hold so you don't have to. Their system keeps dialing and navigating the menus until it gets a human, then it calls you and connects you directly to that agent. It's all explained in their demo video. Speaking to a human absolutely made a difference. The agent was able to see exactly what was happening with my account, give me the correct forms to submit, and most importantly, put a temporary hold on collections while I got everything sorted out. I still had to submit documentation, but I was sending it to exactly the right department with case notes from my call, which made the process much faster.

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Based on my experience as a bookkeeper for several small businesses, I'd recommend getting a CPA first who specializes in IRS representation, then only escalate to a tax attorney if necessary. A good CPA will cost you $150-300/hour versus $350-600/hour for a tax attorney. The key here is going to be documentation. You'll need to prove: 1) The money was business income, not personal 2) The business properly reported the income on its tax return 3) You did not personally benefit from the income Gather all bank statements showing where the money was deposited, business records showing the sales were business transactions, and documentation of how the funds were used for business purposes.

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Does this change if it's a sole proprietorship though? Since the business income passes through to the business owner's personal return anyway? I'm confused about how this works since technically the money would be taxed on someone's personal return either way.

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Great question about sole proprietorships. You're right that the income ultimately flows to someone's personal return, but it matters WHO reports it. The income should flow through the Schedule C of the actual business owner (father-in-law), not OP. Even though it's all "personal income" eventually, the proper reporting chain matters. If reported incorrectly as OP's income, they're being taxed on money they never received or controlled. Plus, the father-in-law's business isn't showing its true income, which creates problems for both parties. The key is getting the income attributed to the correct taxpayer, even if both are individuals in the eyes of the IRS.

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Has anyone dealt with the IRS Taxpayer Advocate Service for something like this? I've heard they can sometimes help when there's a clear documentation issue causing financial hardship. Would they be helpful in this case or is it better to go straight to a tax pro?

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The Taxpayer Advocate Service can be amazing but they're extremely backlogged right now. I applied for help in January and didn't hear back until April. They're prioritizing cases with immediate hardship (like impending house foreclosure or can't afford medications). Based on what OP described, they might qualify if the tax bill is causing severe financial hardship, but I'd pursue multiple paths simultaneously rather than waiting on TAS.

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