Need help responding to IRS notice of deficiency for unreported RSUs and mystery unemployment benefits
I'm totally panicking after getting blindsided by a notice of deficiency from the IRS without any prior warnings (which I thought they were supposed to send first?). The main issue seems to be about my RSUs from work. I didn't realize that when my company auto-sells RSUs to cover taxes, I'd get a separate form later for cost basis reporting. So the IRS thinks I sold stocks with $0 basis and now they want me to pay taxes on the full amount - they're claiming I owe over $15k when it should be maybe $150-200 tops! There are two other issues: some dividends I overlooked (probably less than $120 in taxes) and weirdly, they're saying I received $4,700 in unemployment benefits from a state I've NEVER lived in - all while I was fully employed the entire year! So I need to: 1. Fix the cost basis issue with an updated 8949 and Schedule D 2. Report the missed dividends 3. Figure out how to dispute this unemployment claim that's definitely not mine I understand I need to fill out the forms, but I'm confused about what supporting documentation to include with my response. The notice instructions say... (got cut off) Has anyone dealt with this before? I'm freaking out about the timeline and making sure I respond correctly!
18 comments


Jamal Anderson
Don't panic! This is actually a fairly common situation with RSUs and the IRS's automated matching system. I've seen this many times. First, you need to respond within the timeframe specified on your notice (usually 90 days) to avoid the deficiency becoming final. For the RSUs, you'll need to complete Form 8949 with the correct cost basis information. Your brokerage should have provided a 1099-B with this information. If not, contact them immediately to get the proper documentation. For the dividends, simply report them on Schedule B of an amended return (Form 1040-X). The unemployment benefits claim is the most concerning part and suggests potential identity theft. You should: 1. Contact the state unemployment office that supposedly paid you benefits 2. File an identity theft affidavit (Form 14039) with the IRS 3. Include a clear written statement disputing these benefits When you respond, include copies (not originals) of your supporting documents: corrected 1099-B forms showing proper basis, pay stubs proving employment during the period in question, and any identity theft documentation.
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Mei Zhang
•Thanks for this detailed response! Quick question - do I need to include my original tax return with all this paperwork or just the corrected forms? And for the identity theft part, should I file a police report too before sending the Form 14039?
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Jamal Anderson
•You don't need to include your entire original tax return, just the corrected forms and schedules that address the specific issues mentioned in the notice. Make sure to reference your notice number on all correspondence. Regarding identity theft, filing a police report is a good idea before submitting Form 14039, but it's not always required. The more documentation you have, the better. I would definitely recommend placing a fraud alert with the credit bureaus as well, since someone using your identity for unemployment benefits might have access to other personal information.
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Liam McGuire
I went through an almost identical situation last year with RSUs and a weird unemployment claim. After struggling for weeks trying to gather all the right documents and getting nowhere with the IRS phone lines, I found this service called taxr.ai (https://taxr.ai) that was an absolute lifesaver. They have this automated system that analyzes IRS notices and tax documents to help you prepare the right response. I uploaded my deficiency notice, my 1099-B showing the correct basis for my RSUs, and my employment records. Their system guided me through exactly what forms to fill out and what documentation to include. The best part was that they provided a response letter template that cited all the relevant tax codes. Really took the stress out of the whole process, and my case was resolved without having to pay the ridiculous amount the IRS initially claimed.
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Amara Eze
•Did you have to meet with an actual tax professional or was it all automated? I'm dealing with something similar but don't want to share all my docs online if I don't have to.
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Giovanni Ricci
•How long did the whole process take from when you submitted everything to when it was resolved? The timeline is what's stressing me out the most.
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Liam McGuire
•It was mostly automated but they do have tax pros who review everything. I felt comfortable because they use the same security standards as banks. The system does most of the heavy lifting by identifying the issues and necessary forms. The entire process took about 8 weeks from when I submitted my response to getting confirmation from the IRS that my case was resolved. This was much faster than I expected given the backlog at the IRS. The key is responding promptly and with the right documentation, which is what the service helped me organize perfectly.
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Giovanni Ricci
Just wanted to update after trying taxr.ai that was mentioned above. I was skeptical but desperate to get my notice of deficiency handled correctly. Their system immediately identified the RSU cost basis issue and flagged the unemployment claim as potential identity theft. The step-by-step guidance was amazing - they helped me gather the exact documents needed, filled in the forms correctly, and even generated a cover letter that referenced specific tax regulations. The identity theft portion was particularly helpful since I had no idea how to approach that. Just got confirmation that the IRS accepted my response and adjusted my tax liability from over $12,000 down to $263! The unemployment claim was removed completely. Such a relief to have this resolved properly.
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NeonNomad
If you're having trouble reaching the IRS to discuss your notice (which is likely given their ridiculous wait times), I'd recommend trying Claimyr (https://claimyr.com). I was in a similar situation with a deficiency notice and needed to speak with someone at the IRS ASAP. After trying for days and constantly getting disconnected, I used Claimyr and got through to an IRS agent in under 15 minutes. They have this system that navigates the IRS phone tree for you and holds your place in line. You can see their demo at https://youtu.be/_kiP6q8DX5c to understand how it works. Once I finally talked to a real person at the IRS, they were able to put a temporary hold on my case while I gathered the documentation, which gave me breathing room to properly respond. The agent also gave me specific instructions on what supporting documents they needed to see.
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Fatima Al-Hashemi
•So this actually gets you through to a real IRS person? I've been trying for weeks and either get disconnected or told to call back later. Does it work for all IRS departments or just general questions?
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Dylan Mitchell
•Sounds too good to be true. The IRS phone system is designed to be impossible. I'll believe it when I see it.
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NeonNomad
•Yes, it connects you with a real live IRS agent. It works for the main IRS customer service line, which is usually what you need for notice questions. They can then transfer you to specific departments if needed. I was connected to the notice department and then later to the identity theft division. It's definitely not too good to be true - it's just clever technology. They basically call the IRS, navigate through all the prompts, wait on hold for you, and then call you when an agent picks up. I was skeptical too until I tried it. The time saved was well worth it, especially when you're dealing with a time-sensitive notice of deficiency that could turn into a much bigger problem if not addressed quickly.
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Dylan Mitchell
I have to eat my words about Claimyr from my previous comment. After continuing to fail getting through to the IRS for another week, I decided to try it out of desperation. Not only did I get connected to an IRS agent in about 20 minutes, but the agent was able to immediately see that the unemployment benefits on my account were flagged as suspicious already. They put a hold on my case and gave me specific instructions for submitting my documentation. The agent also explained exactly why I hadn't received any preliminary notices (they were sent to an old address despite my having updated it online). Would have never known this if I hadn't been able to speak with someone directly. Sometimes you have to admit when you're wrong, and I was definitely wrong about this service!
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Sofia Martinez
Don't forget to check if this is actually a legitimate notice from the IRS! There are tons of scams going around. A real notice of deficiency comes as a certified letter and is called a "90-day letter" or "statutory notice of deficiency." It will reference your right to petition the Tax Court. If it's real, you have 90 days to either: 1. File a petition with the Tax Court (don't need to pay first) 2. Pay the tax and file for a refund 3. Contact the IRS to resolve the issues as others have mentioned The RSU issue is super common - the IRS computer just matches what was reported without knowing the basis. For the unemployment, definitely sounds like identity theft.
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QuantumQuest
•Thanks for mentioning this! Yes, it is definitely a legitimate notice - came certified mail, has the official letterhead, and specifically mentions the 90-day period to petition the Tax Court. I wish it was a scam, honestly would be less stressful! Do you think I should go directly to Tax Court, or try to resolve it with the IRS first? The RSU issue seems straightforward once I provide the correct basis info, but the unemployment thing has me worried.
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Sofia Martinez
•I'd definitely try to resolve it directly with the IRS first. Tax Court should be a last resort, especially since your issues seem correctable with proper documentation. The RSU basis correction is routine, and the IRS generally handles these well once you provide the proper information. For the unemployment issue, treat it as identity theft from the start. File the Identity Theft Affidavit (Form 14039) immediately. Also contact the state unemployment office where the benefits were supposedly paid - they may already have a fraud department investigating similar cases. Getting documentation from them stating you never received benefits will be extremely helpful for your IRS response.
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Dmitry Volkov
When you're prepping your response, make sure your numbers are EXACT. The IRS matching system is very literal. If your 1099-B shows basis of $10,543.27, don't round to $10,543. I made this mistake and it caused my correction to be rejected because the numbers didn't match their records exactly. Also, call your brokerage directly and ask for a corrected/detailed 1099-B that clearly shows the cost basis. Sometimes the initial forms they send don't have all the details the IRS wants to see. Most brokerages deal with this RSU issue constantly and have special documentation they can provide specifically for responding to IRS notices.
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Ava Thompson
•That's such a good point about exact numbers! When I had a similar issue, I rounded on one form and it caused weeks of additional back-and-forth. Also worth noting that the broker's "supplemental information" often has basis details that aren't on the main 1099-B. Check all those extra pages they send!
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