:mad: This year I paid a contractor to build a deck for me. Long story short... he didn't I sued, I won, he lost, he left town. So, I have a $5000 judgment which is worthless but I want to get him. I would like to send him a 1099-Misc for the $3100 I paid him, wait a year, contact the IRS and get him busted for non reporting of income, self employment tax and income tax evasion. Question is, as a non business related item, I know I am not required to send him a 1099-misc, but am I forbidden from doing so?

I do have his social security number and I'd love to get back at this con artist. Appreciate in advance any advice!

Dspindler:

If you paid him $3,100 and he is not incorporated, you can file the Form 1099-MISC. However, do not follow up with the IRS. They will get around to nailing him in due time.

I am not a lawyer, but you may want to consider filing with the federal courts in order to garnish any tax refund he may have coming to cover your $5,000 judgement. Check with a lawyer on the practicality of doing this.

The 1099-misc will just get kicked back to me as the sender. He has left the state. If I don't send the IRS a 1099 how would they ever know?

I think what Atlanta Tax expert is saying, yes make, send and file the 1099 with the IRS, and mail a copy to his last known address.


But you don't have to call them back next year, they will catch this thierself

Dspindler:

Father Chuck has it correct. It does not matter that he did not get the 1Form 1099-MISC (though you do need to make a good faith effort to send it to him). It's the copy that goes to the IRS (and the state taxing authority) that counts.

A similar thing happened to me. I hired a contractor to install central air & heating in a rental property, I gave him deposit of half, he showed up and started the work, I paid him the rest and he never came back. I tried to file a small claims court suit (for about $2,500) but he moved and I was never able to find a new address. I don't have a social security number. Can I file a 1099-misc? I would also love to do anything to get this crook back.

Lee Anne:

Sorry, without the SSN, the IRS has no way to track the individual, so they will not accept a Form 1099-MISC without the SSN.

I have the last 6 digits, just not the first 3. (this information was provided by the private detective). I wonder if there is any way to get the full ssn?

Not that I know of.

LeeAnn your screw on that one and I highly suggest you don't pay until the job is done.