Head Scratching Moment with IRS

[BGoneDebt]

Okay,

Here's one for the record, and I apologize for the length of the post - but you kind of have to know the whole scenario....

For the  2006 tax year, my husband and I were late filing our return.  Lesson learned, we filed and paid our penalty.

I received a notice for failure to file.  Only me.

I contacted the IRS and said I was the joint filer on the return, even sent a copy of our return.   (yes, I checked the numbers and they were all correct)

No go...they continued to send notices and even got to the point of garnishing my wages (I am a HR Director and you can imagine the issues I had with this from a corporate standpoint)

At this point I got an Advocate involved - yep, cleared it up that day (WHY I thought I could do it myself is beyond me)

Monday (this monday - almost 3 years after this was all cleared up) My husband and I get a check from the IRS refunding the amounts taken from me during the lien.

Now, I never say no to money, I'm okay with that part, but:

1) Do I bother to complain that while *I* paid the extra (and didn't fight to get it back, I was just too tired by that point), "We" got the check?  No, I really don't care, but let's say we had split up, that check should have just been to me.

2) The lien is still showing on my credit report.  Satisfied (they said they could not erase it - just mark it as satisfied(?)).  

Can I get it vacated at this point?  If they are giving me money back, doesn't that show we overpaid and it shouldn't have existed?  We're talking thousands of dollars here.  I saved a copy of the check, 

I know the IRS always wins, but I want it GONE.

[xaiduz114]

I don't know anything legally about liens or garnishing wages really, but to me, it sounds like it should have never appeared on your report, especially when they are REFUNDING money. I'd think they'd reverse the negative on your report.. But then again, what sounds right and what is legal and how these things et handled are almost never the same things...

Hope you get help from someone with more knowledge, and I hope you get it removed! On the plus side, you got a nice sum of money to put towards something else.

[BGoneDebt]

Exactly  At this point as much as I'd love to see it purged altogether (and I'm sure my scores would too), I'm just so happy I'll never have the lien issue over my head again.

Warning to anyone who even THINKS of being late.  Don't.  

This is the kind of stupidity story you hear about on the news.  It took the advocate to look for five minutes at my scanned return to say "????" and call her supervisor.  No one could tell me why I was clearly marked as the spouse but being dinged for not filing an individual return.

[stepstep]

I had a California Tax Lien for personal property tax that was in error about 5 years back. Same as you it was listed as satisfied even though I never owed the money to begin with. They also told me it couldn't be removed but I sent copies of all my recorded documents and back up directly to the credit agencies anyways and it was removed. To tell you the truth I can't remember if the tax board never responded to the inquires or if the credit agencies removed it off the proof. What I DO remember is that there was a valid paid lien that also disappeared, but I didn't correct that error.

[BGoneDebt]

I wouldn't have either  

I did go ahead and fill out IRS Form 12277  and faxed to my local office.  Hopefully I will get a response.  I was very polite and stated only the facts that applied and I hope the officer that reads it is as good as my advocate.  (If so, it should be vacated in about 15 minutes from now LOL).

If nothing else I might send the paperwork to the CA anyway, taking your tactic.  But I'm okay for now letting the wheels of justice spin.  My birthday isn't until next month - they can make it my pesent