IRS

An Identity Thief Filed a Fake Return in His Name — The IRS Held His $4,100 Refund for 8 Months

The fluorescent lights in the veterans’ support group meeting room in Boise flickered once before settling. It was a Tuesday evening in late January 2026,…

An Identity Thief Filed a Fake Return in His Name — The IRS Held His $4,100 Refund for 8 Months
An Identity Thief Filed a Fake Return in His Name — The IRS Held His $4,100 Refund for 8 Months

The fluorescent lights in the veterans’ support group meeting room in Boise flickered once before settling. It was a Tuesday evening in late January 2026, and most of the men and women in the circle were talking about housing costs and job transitions. Then Curtis Tran spoke up — quietly, almost apologetically — about something that had nothing to do with either. He mentioned the IRS. He mentioned eight months. He mentioned $4,100. The room went still.

A volunteer coordinator who knew I covered tax and payment issues passed along his name afterward. When I reached out, Curtis agreed to talk, though he spent the first ten minutes of our conversation insisting his situation “wasn’t that dramatic.” It was.

A Return Filed Before He Even Sat Down to File His Own

Curtis Tran is 40 years old, a licensed real estate agent in Boise, Idaho. He has been in the industry for eleven years, the kind of work where income swings hard with the market. In 2024, the market swung badly. His wife, Diane, was laid off from her hospital administrative position in September 2024, cutting their household income roughly in half overnight.

“We had been managing, just barely,” Curtis told me when we sat down at a coffee shop near his office in February 2026. “Then Diane lost her job, and suddenly every dollar mattered in a way it hadn’t before.”

They counted on their tax refund. Based on withholdings and estimated payments Curtis had made through the year, they expected roughly $4,100 back from the federal government for tax year 2024. He filed electronically on February 9, 2025 — early, deliberately, because they needed the money. The IRS acknowledged receipt. The “Where’s My Refund” tool showed the return was being processed.

KEY TAKEAWAY
When a fraudulent return is filed using your Social Security number before you file your legitimate return, the IRS flags both and initiates an identity theft investigation — a process that can freeze a legitimate refund for six to twelve months or longer while the agency resolves which return is valid.

Then, about three weeks later, everything stopped. The “Where’s My Refund” tracker switched from “Processing” to a generic message telling him to contact the IRS. When he called, after a 67-minute hold, an agent told him his return had been flagged. Someone had already filed a tax return using his Social Security number — earlier, in late January 2025, before Curtis had submitted anything. The return claimed a $2,800 refund and listed a bank account Curtis had never heard of.

The Paper Trail That Identity Theft Leaves Behind

This was not the first time Curtis had dealt with the fallout of identity theft. In the spring of 2023, he discovered that someone had opened three credit accounts in his name — two store cards and a personal loan totaling nearly $9,400. By the time he caught it, his credit score had dropped from approximately 718 to 541. Disputing those accounts took fourteen months and cost him a refinancing opportunity on his home.

$4,100
Legitimate refund frozen by IRS

8 months
Time before refund was released

541
Credit score after identity theft hit

So when the IRS agent explained what had happened to his 2024 return, Curtis recognized the pattern immediately. What he didn’t know was how long the resolution process would take — or how much paperwork stood between him and his money.

According to IRS Identity Theft Central, taxpayers who are victims of tax-related identity theft must submit Form 14039, the Identity Theft Affidavit, along with a copy of a government-issued ID. Curtis filed his Form 14039 on March 4, 2025 — by certified mail, because the IRS instructed him to paper-file it rather than submit electronically.

⚠ IMPORTANT
Filing Form 14039 does not immediately release a frozen refund. The IRS assigns the case to its Identity Theft Victim Assistance unit, and resolution timelines can extend well beyond the standard 120-day estimate. The IRS acknowledges on its own website that complex cases may take significantly longer.

Months of Silence and a Family Stretched Thin

March became April. April became May. Diane was still job hunting. Curtis told me he started picking up weekend open houses for other agents just to generate extra commission income. The $4,100 refund — money he had already earned and overpaid — sat locked inside a bureaucratic process he could not accelerate.

“I kept calling the IRS Taxpayer Protection Program line and getting told the case was open and under review. That was it. Open and under review. For months. I stopped telling Diane how the calls were going because I didn’t want her to worry on top of everything else.”
— Curtis Tran, real estate agent, Boise, Idaho

Curtis made nine phone calls to the IRS between March and August 2025. He documented every one — dates, hold times, agent ID numbers when agents would provide them, and notes on what he was told. He showed me the notebook. The entries are terse and methodical, the handwriting of someone keeping themselves calm by staying organized.

In June 2025, he contacted the Taxpayer Advocate Service, an independent organization within the IRS that assists taxpayers experiencing significant hardship. According to the Taxpayer Advocate Service, financial hardship — which can include an inability to meet basic living expenses — qualifies a taxpayer for expedited assistance. Curtis submitted his hardship request with documentation of Diane’s layoff and their household cash flow situation.

Curtis’s Paper Trail: Key Dates in the Process
1
February 9, 2025 — Curtis e-files his legitimate 2024 tax return, expecting a $4,100 refund within 21 days.

2
Late February 2025 — “Where’s My Refund” stalls; IRS phone call reveals a fraudulent return was filed first.

3
March 4, 2025 — Curtis paper-files Form 14039, Identity Theft Affidavit, via certified mail with copies of his ID.

4
June 2025 — Taxpayer Advocate Service hardship case opened; case flagged for expedited review.

5
October 14, 2025 — Refund of $4,100 deposited. IRS assigns IP PIN for all future filings.

What Finally Moved the Case Forward

The Taxpayer Advocate Service assigned Curtis a case advocate in early July 2025. That advocate — Curtis referred to her only as “Ms. Carrillo” — became the first consistent point of contact he had in six months of trying to navigate the IRS on his own. She requested internal status updates directly from the Identity Theft Victim Assistance unit, something Curtis had no ability to do himself as a regular taxpayer calling the general line.

“She called me back,” Curtis said, and the simplicity of that statement carried real weight. “She actually called me back and told me where things stood. That had not happened once in the whole process before her.”

The IRS confirmed in August 2025 that the fraudulent return had been rejected and the associated bank account flagged. Curtis’s legitimate return was cleared for processing. On October 14, 2025 — eight months and five days after he first filed — the $4,100 refund landed in his bank account. Along with it came a letter assigning him a new Identity Protection PIN, a six-digit code that the IRS requires identity theft victims to use on all future tax returns to prevent a repeat filing.

“When I saw the deposit, I sat in my car for a few minutes. I didn’t feel happy, exactly. I felt tired. Like I’d been holding my breath for eight months and finally let it out.”
— Curtis Tran

The Costs That Don’t Show Up in the Refund Amount

The $4,100 eventually arrived, but Curtis is measured when he talks about what the process cost him beyond the wait itself. He estimates he spent roughly 22 hours on hold, in calls, and preparing paperwork across the eight months. He missed one mortgage payment in April 2025, which generated a late fee and a ding on the credit report he had spent two years rebuilding after the 2023 identity theft.

He is also still worried about retirement. At 40, with an irregular income from real estate commissions and a period of reduced household earnings, Curtis told me his retirement savings feel precarious. “I look at my accounts and think, this is not going to be enough,” he said. “And there’s no one to call about that.” He said it without self-pity, the way someone states a fact they have accepted.

Factor Standard Refund Timeline Identity Theft Case (Curtis’s Experience)
Processing time 21 days (e-file) 8+ months
Primary contact Where’s My Refund tool Identity Theft Victim Assistance unit
Key form required None (standard) Form 14039 (Identity Theft Affidavit)
Escalation option Not typically needed Taxpayer Advocate Service (Form 911)
Future protection issued None IRS Identity Protection PIN (annual)

Diane found part-time work in November 2025, and Curtis says 2026 has felt more stable so far. He used part of the refund to pay down a credit card balance that had grown during the lean months. He put $500 into an emergency fund. The rest covered the mortgage arrears and a car repair he had deferred since summer.

“I just want people to know that if this happens to them — someone stealing their return — it doesn’t mean the money is gone forever. It means you’re in for a fight. But there are people at the Taxpayer Advocate Service who will actually help you if you ask.”
— Curtis Tran, speaking at the veterans’ support group, January 2026

When I left the coffee shop, Curtis was already on his phone, pulling up a listing to show a client that afternoon. He thanked me for listening in a way that suggested he didn’t expect many people to. That, more than anything else about our conversation, stayed with me on the drive back.

His story isn’t one with a clean ending — the credit damage lingers, the retirement anxiety is real, and the eight months can’t be given back. But the refund arrived. And for a man who spends most of his energy taking care of everyone around him, that counted for something.

Frequently Asked Questions

What should I do if someone filed a tax return using my Social Security number?

The IRS directs affected taxpayers to submit Form 14039, the Identity Theft Affidavit, along with a copy of a government-issued photo ID. The form must be mailed to the IRS or submitted with a paper tax return. Taxpayers experiencing financial hardship can also contact the Taxpayer Advocate Service by filing Form 911.
How long does the IRS take to resolve a tax identity theft case and release a refund?

The IRS estimates approximately 120 days for standard identity theft cases, but complex cases — particularly those involving a fraudulent return filed before the legitimate one — can take six to twelve months or longer. Curtis Tran waited eight months and five days from his February 9, 2025 filing date before receiving his $4,100 refund in October 2025.
What is an IRS Identity Protection PIN and how do I get one?

An IP PIN is a six-digit number assigned by the IRS to verified identity theft victims. It must be included on all future tax returns to prevent unauthorized filing. The IRS issues IP PINs automatically after resolving identity theft cases and also allows any taxpayer to opt in voluntarily through IRS.gov.
Can the Taxpayer Advocate Service speed up a frozen tax refund?

In cases of documented financial hardship, yes. The Taxpayer Advocate Service is an independent body within the IRS. Taxpayers can request assistance by filing Form 911 or calling 1-877-777-4778. The TAS can contact the Identity Theft Victim Assistance unit directly on a taxpayer’s behalf, something individual taxpayers cannot do through the standard IRS phone line.
Does a tax identity theft case directly damage your credit score?

Tax identity theft itself does not directly affect credit scores, since the IRS does not report to credit bureaus. However, the financial strain of a frozen refund — such as missed payments — can cause credit damage. Curtis Tran’s score dropped from approximately 718 to 541 following a 2023 identity theft incident that opened nearly $9,400 in fraudulent credit accounts in his name.
221 articles

Vivienne Marlowe Reyes

Senior Tax & Stimulus Writer covering stimulus payments, tax credits, and IRS policy. M.S. Tax Policy Georgetown. Former U.S. Treasury analyst. Enrolled Agent.

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