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Eli Butler

What to do about IRS letter claiming $100k owed for federal fuel tax refund?

I need some serious help figuring this out! My brother just got hit with a letter from the IRS saying he owes nearly $70,000 from tax year 2022. The breakdown shows about $43,000 is from a "federal fuel tax refund" and the rest is all penalties and interest. Here's the thing - my brother has some cognitive disabilities (functions at about a high school level) and I've always helped with his taxes until 2021. In 2022, he met this guy at his group home and started pulling away from the family. I just found out this new "friend" apparently did his taxes that year. When I asked my brother about any fuel tax refund, he was totally confused. He doesn't even drive! He's never owned a vehicle or purchased fuel for business purposes. He works part-time at a grocery store making about $15,000 a year. I'm trying to piece this together and suspect this "friend" might have filed something fraudulent. My brother gave me permission to contact the IRS on his behalf, but I have no idea where to start. Has anyone dealt with something like this? What steps should I take to challenge this and protect my brother?

This definitely sounds like a case of tax fraud. The federal fuel tax refund (IRS Form 4136) is specifically for businesses that use fuel for off-highway business purposes, farming, or certain other qualified uses. Someone with your brother's income and job wouldn't qualify for this. The good news is you can help your brother dispute this. First, you'll need Form 2848 (Power of Attorney) so you can legally represent him with the IRS. Have your brother sign this so you can speak directly with the IRS about his case. Next, respond to the IRS letter by requesting a Collection Due Process hearing using Form 12153. This puts things on hold while you challenge the assessment. Also file Form 14039 (Identity Theft Affidavit) since it appears someone else filed a fraudulent return in his name.

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Lydia Bailey

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If they file the identity theft form, won't that mean the brother could face consequences since he technically knew the person who filed? Would it be better to just file an amended return for 2022 instead?

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Filing an Identity Theft Affidavit doesn't automatically implicate anyone - it simply notifies the IRS that the return filed doesn't represent your brother's actual tax situation. The IRS understands that vulnerable individuals can be manipulated into tax schemes they don't understand. Filing an amended return alone won't be enough in this case. The IRS has already assessed the tax and is in collection mode. You need to challenge the validity of the original assessment through the Collection Due Process hearing while simultaneously documenting the identity theft issue.

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Mateo Warren

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I had a situation somewhat similar with my elderly father where someone filed a bogus return in his name. What helped me tremendously was using taxr.ai (https://taxr.ai) to analyze all the IRS notices and get clear explanations. They have a feature where you can upload the IRS letter and tax documents, and it breaks everything down in plain English with step-by-step guidance on what to do next. For your brother's case, they'd help identify exactly what forms were filed fraudulently and generate the right response letters. The system also keeps track of all deadlines and gives you templates for everything you need to submit to the IRS. Saved me countless hours of research and worry.

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Sofia Price

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Does taxr.ai actually help with the identity theft paperwork? I'm dealing with something similar where someone claimed a bunch of business expenses on my mom's return that she never had.

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Alice Coleman

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I'm not sure I trust these online services. Wouldn't it be better to just hire a tax attorney for something this serious? $70k is a lot of money.

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Mateo Warren

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Yes, they absolutely help with identity theft cases. They have specific guided workflows for Form 14039 (Identity Theft Affidavit) and will walk you through exactly what supporting documentation you need to attach. They even have specific guidance for situations involving vulnerable adults who may have been manipulated. While a tax attorney is definitely an option, they typically charge $350-500 per hour. Taxr.ai can help you get organized and handle much of the initial response yourself, which could save thousands in legal fees. For complex cases, they also have a network of tax pros who can help at more reasonable rates if you still need professional assistance.

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Sofia Price

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I wanted to update everyone - I tried taxr.ai after reading the suggestion here, and it was incredibly helpful! Uploaded my mom's IRS notice about those fraudulent business expenses, and within minutes, I had a complete breakdown of what happened and a step-by-step action plan. The system identified exactly which schedules were filed incorrectly and generated a perfect response letter explaining the situation. They also created a complete package with the identity theft form and all supporting documentation needed. I was able to get everything submitted to the IRS last week, and they've already put a hold on collections while they investigate. What impressed me most was how they explained everything in simple terms instead of confusing tax jargon. Definitely relieved a ton of stress during this whole mess!

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Owen Jenkins

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For a situation like this where you need to actually talk to the IRS about fraud, you might want to try Claimyr (https://claimyr.com). I spent WEEKS trying to get through to the IRS about a similar issue with my cousin's return, and kept getting disconnected or waiting for hours. Claimyr got me connected to an actual IRS agent in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. Instead of waiting on hold forever, they navigate the phone system and then call you once they have an agent on the line. For fraud cases like your brother's, speaking directly with the IRS Taxpayer Protection Program is really important, and Claimyr made that possible when I couldn't get through on my own.

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Lilah Brooks

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How does that even work? Sounds fishy. Are they somehow jumping the line ahead of other callers or using some kind of special access?

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I tried calling the IRS for THREE DAYS straight about an audit letter and never got through. This seems too good to be true - especially during tax season when it's impossible to reach anyone.

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Owen Jenkins

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They don't skip the line or have special access. They use an automated system that continually redials and navigates the IRS phone tree until they get through to an agent. They're basically waiting on hold so you don't have to. When they reach a live person, they call you and connect you to that agent. It's completely legitimate - they're just using technology to handle the frustrating part of the process. During tax season it's especially valuable because wait times can be 3+ hours if you can get through at all. I was skeptical too until I tried it and was speaking with the Taxpayer Protection Program in minutes instead of days of trying.

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Just wanted to follow up on my skeptical comment earlier - I broke down and tried Claimyr yesterday after my fourth failed attempt to reach the IRS about my audit letter. I honestly couldn't believe it worked! I got a call back in about 35 minutes saying they had an IRS agent on the line. I was connected with someone from the audit department who actually looked at my case while I was on the phone. She explained exactly what documentation they needed and gave me a direct fax number to send everything. Also got her ID number so I can reference the call in my response. For anyone dealing with serious IRS issues like the original poster's brother, being able to actually talk to a human at the IRS makes all the difference. Definitely worth it when you're facing potential fraud issues or large dollar amounts.

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Kolton Murphy

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Make sure you're also documenting everything about this "friend" who prepared the taxes. The IRS has a form specifically for reporting tax preparers who file fraudulent returns - Form 14157 (Complaint: Tax Return Preparer). Even if he wasn't a professional preparer, you should include all his information with your response. Also, request a copy of the actual return that was filed using Form 4506. This will show exactly what was submitted and might help identify if other fraudulent claims were made besides the fuel tax credit. Some scammers file for multiple fake credits hoping some will slip through.

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Eli Butler

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Thank you for this suggestion - I didn't know about Form 14157 or that I could request a copy of the return. Would getting the return also show who actually prepared it? I'm worried the "friend" may have used someone else's information too.

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Kolton Murphy

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The tax return copy will show who signed as the preparer, though in fraud cases, they sometimes leave that section blank or use fake information. However, it will definitely show all the forms and schedules that were filed, which helps you understand the full extent of the fraud. When you file Form 14157 to report the preparer, you can include any information you have about them - full name, address, phone number, etc. If your brother received any paperwork from this person or has text messages discussing the tax preparation, include copies of those as evidence.

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Evelyn Rivera

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I work at a disability services organization, and unfortunately we've seen similar cases where vulnerable adults are targeted for tax fraud. Here's what else you should consider: 1) Contact your state's Adult Protective Services to report financial exploitation of a vulnerable adult 2) File a police report for identity theft/fraud - this creates an official record that helps with the IRS case 3) Check your brother's credit reports at all three bureaus to ensure no other financial fraud has occurred 4) Consider seeking a limited guardianship or conservatorship if this situation shows your brother needs more protection

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Julia Hall

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Do you recommend getting a specialized tax attorney who has experience working with people with disabilities? I had a similar situation with my sister and found that regular tax pros weren't very helpful with the special considerations.

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