1099-R with wrong SS#

[taxxman02]

My client filed MFS in 2018, she just received a CP2000 stating that she under reported her income by not claiming two 1099-R retirement  distributions. After checking my records the 1099-R were issued to her ex husband but they have her SS# listed. How do I go about trying to correct this if her ex husband is not cooperative. I am planning on answering the CP2000 as no we don't agree with their finding with an explanation but I feel without an image of the 1099-R that will go nowhere. Any helpful suggestions will be appreciated. 

[Just-Lisa-Now-]

Just to clarify...the 1099R has HIS name on it with HER SSN?
Or did she get some of his retirement through a QDRO and the 1099R was issued to her and she failed to bring it to you?

You should be able to call the bank that issued the 1099R, if its in her SSN, they will give you a copy....but first, you will want to ask her for a copy of the divorce papers so you can see what might have actually happened and you need to ask her  Did she get this money?   Did it get rolled into her own retirement account or some other type of account maybe?   

[taxxman02]

Lisa,  they aren't divorced yet waiting on the courts to reopen, the 1099 came from Fidelity. I will ask her to contact Fidelity and see if they will issue her a copy. Thank you for your time.

[BobKamman]

"After checking my records the 1099-R were issued to her ex husband but they have her SS# listed."

What records do you have that would show this?  

[Just-Lisa-Now-]

So if the divorce isn't final, this may need to be taken to the divorce attorneys to get it worked out.

Someone got the money!

[qbteachmt]

"but I feel without an image of the 1099-R that will go nowhere."

You don't need this, to respond. Afterall, the IRS already has this. You could get a transcript of it, if you care. I had the same condition personally, only the 1099-R with my SS was issued to the new spouse of someone I had only been married to for a couple of years and that had been over 30 years previously. It was a survivor pension distribution. I was able to get the IRS to give me the contact info of the issuer, and I sent them proof of identification with my SS, and they resolved their records. I also responded to the IRS with the same explanation of the mix up.

What I told the IRS is, if you can find "my" money, I'd be glad to pay the taxes on it.

[taxxman02]

Thank you everyone for the advice, really appreciated gives me good starting points.

[abctax55]

Who actually got the money, and what account was is deposited into - his/hers/theirs AND is this a community property state?  Oh, and when did they separate?

[Skylane]

@abctax55  asked good  questions; especially if they’re in a CP state. If if looks like it’s going to take a while to resolve and have attorneys involved, you can respond to the CP as disagreement with an explanation of the situation and a reasonable expectation of when you’ll be able provide resolution (and payment of any tax due)