Your plan is in real jeopardy. There is multiple wrongdoing here. You need to immediately retain an ERISA/employee benefits attorney. Get a copy of your Summary Plan Description (SPD), the actual most recently restated plan document and most recent amendments, and any determination letter from your employer. Then get to the attorney IMMEDIATELY to discuss how to handle this and to whether you need to involve the Department of Labor (DOL) and the IRS. DO IT NOW!
You have asked this question multiple times and the advice from me and the prior attorneys is sound and will not change no matter how many times you ask this question.
Again, your mom should in fact claim you on her return and file her return immediately if she has not done so. The IRS will sort out this mess and if she is entitled to claim you as a dependent under the tax rules, then she needs to just have all her documentation in place when the IRS comes a calling. She will not get in trouble, nor will you.
If your mom is entitled to you as a dependent, then the IRS will act accordingly. They will recover any monies paid to the third party. This is not your problem and her refund is not dependent on the third party returning such monies.
At this point, you may want to have mom contact a good tax accountant or tax attorney to assist her.
Hope this helps.
Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is
[email protected] , his website is www.sjfpc.com. and his blog is
