The news from the IRS just gets better and better. Today you can find me on Tax Insights sharing a sad story of an IRS employee who abused her position to defraud taxpayers.
Photo credit: Ray Tsang via Flickr
This post originally appeared on Forbes.
Most taxpayers are – or should be – aware of the need to substantiate deductions claimed on a tax return. If you deduct business expenses, charitable donations and other expenses and are chosen for an audit, you may need to provide canceled checks, receipts or credit card statements to prove that you incurred the expense. A recent Tax Court case illustrated a situation in which a taxpayer needed to prove that she earned all of the income she reported on her tax return.
According to court records, Myriam Cadet filed a federal income tax return for 2012 and reported net income of $17,190 earned from her business of selling used clothing at a flea market. Although Cadet was married, her husband lived in Haiti and transferred funds to her monthly to support herself and their three children. On her return, Cadet claimed Head of Household filing status and personal and dependent exemptions for herself and the three children.
Although she reported self-employment tax of $2,111 and withholding from wages of $14, Cadet also claimed an Earned Income Tax Credit (EITC) of $5,891 and additional child tax credits of $2,085, resulting in a claim for a refund of an overpayment of $5,879.Cadet testified that all of her transactions were in cash and she did not maintain any written records of her purchases or sales of clothing. The only documentation she provided was one receipt indicating she paid $689 for booth rental.The IRS determined that Cadet had failed to substantiate her earned income and recalculated earned
Cadet testified that all of her transactions were in cash and she did not maintain any written records of her purchases or sales of clothing. The only documentation she provided was one receipt indicating she paid $689 for booth rental.The IRS determined that Cadet had failed to substantiate her earned income and recalculated earned income of $1,565, including $925 of wages reported on a W-2 and $640 income from her clothing sales after taking into account the deductible portion of her self-employment tax. They then disallowed the entire additional child tax credit and all but $79 of the earned income credit that Cadet had claimed for 2012, reducing her overpayment to $638.
The IRS determined that Cadet had failed to substantiate her earned income and recalculated earned income of $1,565, including $925 of wages reported on a W-2 and $640 income from her clothing sales after taking into account the deductible portion of her self-employment tax. They then disallowed the entire additional child tax credit and all but $79 of the earned income credit that Cadet had claimed for 2012, reducing her overpayment to $638.
Because both the EITC and the additional child tax credit are based on the taxpayer having earned income, taxpayers claiming those credits may be asked to provide proof of the existence and amount of that income.
Because Cadet could not provide evidence of her income from the sale of clothing, the IRS took the position, and the Tax Court agreed, that it appeared Cadet might be grossing up her business income enough to maximize her utilization of refundable credits. It’s a good reminder, especially to anyone claiming refundable credits, that deductions aren’t the only items on your tax return that may need to be substantiated.
[Photo credit: Lending Memo]
This post originally appeared on Forbes.
The Federal Trade Commission (FTC) is hosting Tax Identity Theft Awareness Week from January 25 – 29, with a series of events aimed at educating consumers. Tax identity fraud occurs when someone uses your Social Security number to get a tax refund or a job. You’re probably aware of your own risk of tax identity theft. Data breaches at T-Mobile, Scottrade, CVS, Anthem, and even the IRS itself ranked as some of the largest of 2015, and those were just a few large enough to make national news. With so much of our personal information online comes the risk of that information winding up in the wrong hands. You take measures to guard your own personal and financial data, but are you protecting your kids?
While parents may have a system of alerts and credit checks to protect their own credit, kids are easier targets. Identity theft on a child can go undiscovered for years. You may not become aware until your child is turned down for a job or loan due to a horrible credit history.
Signs that your child’s credit history has been compromised include:
Don’t immediately panic if you receive a credit card offer in your child’s name. Financial companies sometimes mistakenly send credit card offers to a minor but be on alert if you suddenly start receiving a lot of mail that would typically be for adults.
Check Your Child’s Credit Report
It isn’t as easy to check a child’s credit report as it is to check your own. You’ll have to mail or fax in documentation proving you are the parent or guardian. Experian, Equifax, and TransUnion each have their own process for checking a minor’s credit report.
If you request a credit report for your child and none is available, their social security number and other information haven’t been used. Because creditors don’t always report to all three agencies, if you do suspect identity theft you’ll want to check all three.
You probably won’t want to go through the hassle of checking all three bureaus annually but if you suspect your child has been a victim, you should check as soon as possible. It’s also a good idea to check your child’s credit report close to his or her 16th birthday. If there has been any fraud, you will have time to correct it before your child applies for a job or loan or needs to rent an apartment.
You may be able to freeze your child’s credit. A credit freeze keeps your credit report from going out to potential lenders unless you take steps to temporarily lift the freeze prior to applying for credit. Some states will only allow you to place a freeze on your child’s credit if they’ve already been victimized, but others have laws requiring the credit bureaus to create an empty credit file for your child just so you can freeze it. Again, you’ll have to order the credit freeze with all three credit bureaus separately.
Be Cautious About Releasing Sensitive Information
As a parent, the best thing you can do to protect your child is to be cautious when divulging your child’s information.
If you discover your child has been a victim of identity theft, file a police report and get a copy of the report. Contact each of the three credit reporting bureaus to notify them of the fraud, and follow their advice for next steps.