Incorrectly distributed retirement benefits

what court do i file/claim/motion concerning recovery of incorrectly distributed retirement benefits?


Asked about 7 years ago in Pacifica, California
Categories: Contracts  Civil Litigation  Wills, Estates, Trusts  Labour & Employment

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Zaher Fallahi

Answer by Zaher Fallahi

VerifiedCalifornia lawyer


Although form 1045 is used to get a tentative refund, in your case I would recommend the following:
 
Contact the custodian of your retirement plan and ask them to correct the amount of distribution and file the 1099-R (corrected) or provide you with some documents to that effect. Then, amend your related tax return and get your refund, if any. Good luck.
 

Posted about 7 years ago

Respectfully, The Law & CPA Offices of Zaher Fallahi Zaher Fallahi, Attorney At Law MS, MBA, JD, CPA 10866 Wilshire Blvd., Suite 400 Los Angeles, CA 90024 Tel.: (310) 719-1040. 650 Town Center Drive, Suite 880 Costa Mesa, CA 92626 Tel.: (714) 546-4272 or 4CPA Fax: (714) 546-5526 Website: zflegal.com e-mail taxattorney@zfcpa.com

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY U.S. TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN TO BE USED AND CANNOT BE USED FOR THE PURPOSE OF (1) AVOIDING TAX RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (2) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED THEREIN. CONFIDENTIALITY NOTICE: THIS COMMUNICATION (AND/OR THE DOCUMENTS ACCOMPANYING IT) HAS BEEN SENT BY A LAW FIRM AND MAY CONTAIN PRIVILEGED OR OTHER CONFIDENTIAL INFORMATION. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED IT IN ERROR, PLEASE ADVISE THE SENDER BY E-MAIL AND IMMEDIATELY DELETE THE MESSAGE AND ANY ATTACHMENTS WITHOUT COPYING OR DISCLOSING THE CONTENTS.


Zaher Fallahi

Answer by Zaher Fallahi

VerifiedCalifornia lawyer


Although form 1045 is used to get a tentative refund, in your case I would recommend the following:
 
Contact the custodian of your retirement plan and ask them to correct the amount of distribution and file the 1099-R (corrected) or provide you with some documents to that effect. Then, amend your related tax return and get your refund, if any. Good luck.
 

Posted about 7 years ago

Respectfully, The Law & CPA Offices of Zaher Fallahi Zaher Fallahi, Attorney At Law MS, MBA, JD, CPA 10866 Wilshire Blvd., Suite 400 Los Angeles, CA 90024 Tel.: (310) 719-1040. 650 Town Center Drive, Suite 880 Costa Mesa, CA 92626 Tel.: (714) 546-4272 or 4CPA Fax: (714) 546-5526 Website: zflegal.com e-mail taxattorney@zfcpa.com

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY U.S. TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN TO BE USED AND CANNOT BE USED FOR THE PURPOSE OF (1) AVOIDING TAX RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (2) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED THEREIN. CONFIDENTIALITY NOTICE: THIS COMMUNICATION (AND/OR THE DOCUMENTS ACCOMPANYING IT) HAS BEEN SENT BY A LAW FIRM AND MAY CONTAIN PRIVILEGED OR OTHER CONFIDENTIAL INFORMATION. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED IT IN ERROR, PLEASE ADVISE THE SENDER BY E-MAIL AND IMMEDIATELY DELETE THE MESSAGE AND ANY ATTACHMENTS WITHOUT COPYING OR DISCLOSING THE CONTENTS.

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