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legal
Level 3
December 7, 2019
Solved

IRS and BANK said nothing can be done for wrong account number entered, even if the name on the account AND the SS numbers are wrong. The account holder got the refund.

  • December 7, 2019
  • 22 replies
  • 66 views

After checking with the Credit Union in which the deposit was placed, the Branch Manager said all of the information (name, address, social security number) is of no concern because if the taxpayer wants to place the money in another account, they have the right to do so.  It has been over a year now and it has been very frustrating to try to get the over $1600 returned by either the Credit Union or the person's name  who we could sue over....

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Best answer by garman22

That happened to me once awhile back. I had my client threaten the bank with an attorney and 10 minutes later the bank put the refund in her account. 

IRS wont do anything as its not their problem but the bank (imo) should be held accountable as the check DOES NOT match the account holders name. The check should've been bounced back to IRS. BS answer they provided. 

22 replies

garman22Intuit Community ChampionAnswer
Intuit Community Champion
December 7, 2019

That happened to me once awhile back. I had my client threaten the bank with an attorney and 10 minutes later the bank put the refund in her account. 

IRS wont do anything as its not their problem but the bank (imo) should be held accountable as the check DOES NOT match the account holders name. The check should've been bounced back to IRS. BS answer they provided. 

abctax55
Level 15
December 7, 2019

How'd the wrong number get entered?  

KP error on your part - I'd contact my E&O insurance carrier, ASAP.

Client gave you the wrong number - don't let the client's mistake become your problem.

HumanKind... Be Both
IRonMaN
Level 15
December 7, 2019
That's a good question.  As I have seen here over the years when folks try to deposit their refund into someone else's bank account, it kind of depends on the financial institution whether or not it will fly.  Some make sure everything matches up perfectly and others have the opinion of this credit union - "how do we know you didn't want to deposit your refund into Aunt Betty's account"?  So whose fault is it?  Did the client provide a bad number or did someone have fat fingers entering a good number?  Sometimes in life we have to own up to our own mistakes, whether it is the preparer or the client.  I think what really sucks it the fact that some bozo acted like he or she just won the lottery and gobbled up the $1600 without any remorse.  For that jerk, I hope karma finds them soon.
Slava Ukraini!
qbteachmt
Level 15
December 7, 2019

It's my understanding that the bank is not supposed to allow the funds to go to a Non-account owner (mismatch of SSN) per the rules that are supposed to prevent funding of terrorism via bank account activities like that. I would think that this would be a great lever in getting the funds to the rightful party.

Don't yell at us; we're volunteers
taxiowa
Level 8
December 7, 2019
Bank does not get SS# of taxpayer.  Only name, rt # and account #.
qbteachmt
Level 15
December 7, 2019

I would write a letter to the Credit Union describing that despite all evidence that shows otherwise, which you brough to their attention on more than one occasion, they seem to leave funds on deposit, which do not belong to this other person. They seem satisfied that is should be considered a legitimate deposit to their account, which you feel does not meet their requirements under the Patriot Act to hold the financial institution responsible that money is not being placed in accounts without proof of identification for the funds sent to the receiver, since that bypasses their responsibility to avoid or prevent money laundering or support of terrorism. You have done your best to bring to their attention that the wrong party has these funds, which makes it available to an unintended party to do whatever they want with the funds, and that you certainly can bring up the lack of identity confirmation and their lack of cooperation, to the IRS, when the funds are in fact a Federal Payment from the IRS payment directly to the party holding the funds in error and clearly meant for your client, that actual tax payer. You can make it clear the IRS can be brought in to examine the banking flow.

Don't yell at us; we're volunteers
taxiowa
Level 8
December 7, 2019
Not sure what you are talking about.  Money transactions are electronic and may not even be monitored as far as name.  And I am guessing a deposit from the US Treasury would probably not warrant an investigation for terrorism or money laundering.