Question

My refund was taken last year due to student loan default. I got money back using injured spouse form but then got the full refund anyway later on. What should I do?

Forum|Forum|5 years ago
January 27, 2021
1 reply
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Due to corona I wound up getting my full refund and then also got a check later for sending in the injured spouse form. I'm not sure how to give the money back (or if I should) but I'm pretty sure I wasn't entitled to it. Now its the next year and I'm worried that nobody ever called asking for the money back. Will I be pursued by the IRS later or will this fall through the cracks? I tried calling IRS numbers at the time but kept running into ***** ends trying to give the money back and had to give up. Should I be worried about this?

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J

JohnW152

You probably shouldn’t be too worried – you’re trying to do the right thing, after all.

Your best course of action is probably to contact the IRS by mail – return receipt requested -- explaining what you’ve explained here. If you received a letter related to one of these transactions, and it has a valid address, use that address. If you don’t have an address, you might Contact Your Local IRS Office for advice.

Hold on to the mail receipt and a copy of the letter you sent. You’ll want to be able show that you have “clean hands” and tried to do the right thing. This should keep the IRS from assessing penalties and interest if and when they come calling. And if you can, set aside the overage that you received.