Can I get my money back from the IRS?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption