Can I get my money back from the IRS?

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Can I get my money back from the IRS?

When I left cosmetology school I was given a check for $1,525 which was the left over amount of my student loans. I gave it to my mother to put in her savings account. As it seems she hasn’t done her taxes in 2 or 3 years so the IRS put a levy on her things and took my $1,525 out of her account. Is there any possible way I am able to get my money back from the IRS. It wasn’t her money so it is not at all fair that they took my rightfully earned money.

Asked on February 2, 2012 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The problem here is that the money was in her account under her name.   The IRS had no way of knowing that it was yours.  Now, you also have a problem proving that it was not a gift of some sort to your Mom.  In order to try and get the money from the IRS you would have to prove that it was yours - the check in your name should be some evidence of that  - and that she was merely holding it for your benefit.  I do not think that you will be successful but you can try.  Your Mother is the one that needs to reimburse you here. Good luck.


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