Updated 1:49 p.m.
A D.C. solo practitioner has filed a complaint against the Internal Revenue Service, alleging that the agency unlawfully seized an $81,000 tax refund.
Wendell Robinson of the Law Offices of Wendell C. Robinson filed a complaint Feb. 21 in the U.S. District Court for the District of Columbia asking the court for the refund, plus compensatory damages, cost and interest.
The complaint alleges that in June 2010, the IRS notified Robinson that he and his wife had overpaid on their 2009 taxes and were entitled to a refund of little more than $81,000. Simultaneously, the IRS seized the refund, alleging that it was to satisfy outstanding tax liabilities for 2003 and 2004.
Robinson claims that in a subsequent meeting, an IRS representative told him the agency “did not have any evidence that it had sent the Plaintiffs’ the required statutory notices of delinquent taxes for their 2003 and 2004 tax returns.”
In August, Robinson filed for a refund, which was met with letters requesting more time to investigate the claim. Robinson claimed that at the time the complaint was filed, the refund had yet to be returned.
“As a direct and further result, of the Defendant’s wrongful levy, the Plaintiffs are being deprived of their money, without due process of law, and in violation of the applicable sections of the U.S. Tax Code,” Robinson wrote.
Robinson declined to comment. An IRS spokesman said that federal law prohibits the agency from commenting on a particular taxpayer's information.