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I received a 1099 for $5,000 for a prize I never received.
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Margie Porter
Feb 5, 2021, 11:18:19 AM2/5/21
to
I supposedly won a "contest" from a local tv news station for $5,000 worth of concrete. The concrete company never contacted me and the work was never performed. Emails to the tv station made promises that I would soon be contacted by the concrete company, but it never happened and I finally gave up. I received a 1099 MISC for $5,000 from the television station. Do I have to report this to the IRS?
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<< The Charter and the Guidelines for submitting posts >>
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Tom Russ
Feb 5, 2021, 4:33:44 PM2/5/21
to
On Friday, February 5, 2021 at 8:18:19 AM UTC-8, Margie Porter wrote:
> I supposedly won a "contest" from a local tv news station for $5,000 worth of concrete. The concrete company never contacted me and the work was never performed. Emails to the tv station made promises that I would soon be contacted by the concrete company, but it never happened and I finally gave up. I received a 1099 MISC for $5,000 from the television station. Do I have to report this to the IRS?
IANAL, but I would send a physical letter to the TV station to clear this up.
> I supposedly won a "contest" from a local tv news station for $5,000 worth of concrete. The concrete company never contacted me and the work was never performed. Emails to the tv station made promises that I would soon be contacted by the concrete company, but it never happened and I finally gave up. I received a 1099 MISC for $5,000 from the television station. Do I have to report this to the IRS?
I would send it to the Legal Department, point out that the station had utterly failed in their due diligence in making sure the prize money was paid out. Then demand that they either (1) correct the 1099 to show nothing was paid or (2) send you a check for the $5000 they said you got but which was never in fact delivered.
I suppose you could also consider small claims to force them to pay what they said they paid you.
Taxed and Spent
Feb 5, 2021, 7:03:55 PM2/5/21
to
On 2/5/2021 1:31 PM, Tom Russ wrote:
> On Friday, February 5, 2021 at 8:18:19 AM UTC-8, Margie Porter wrote:
>> I supposedly won a "contest" from a local tv news station for $5,000 worth of concrete. The concrete company never contacted me and the work was never performed. Emails to the tv station made promises that I would soon be contacted by the concrete company, but it never happened and I finally gave up. I received a 1099 MISC for $5,000 from the television station. Do I have to report this to the IRS?
>
> IANAL, but I would send a physical letter to the TV station to clear this up.
> I would send it to the Legal Department, point out that the station had utterly failed in their due diligence in making sure the prize money was paid out. Then demand that they either (1) correct the 1099 to show nothing was paid or (2) send you a check for the $5000 they said you got but which was never in fact delivered.
>
> I suppose you could also consider small claims to force them to pay what they said they paid you.
>
I don't think that will be of much use. The TV station will say they
> On Friday, February 5, 2021 at 8:18:19 AM UTC-8, Margie Porter wrote:
>> I supposedly won a "contest" from a local tv news station for $5,000 worth of concrete. The concrete company never contacted me and the work was never performed. Emails to the tv station made promises that I would soon be contacted by the concrete company, but it never happened and I finally gave up. I received a 1099 MISC for $5,000 from the television station. Do I have to report this to the IRS?
>
> IANAL, but I would send a physical letter to the TV station to clear this up.
> I would send it to the Legal Department, point out that the station had utterly failed in their due diligence in making sure the prize money was paid out. Then demand that they either (1) correct the 1099 to show nothing was paid or (2) send you a check for the $5000 they said you got but which was never in fact delivered.
>
> I suppose you could also consider small claims to force them to pay what they said they paid you.
>
did their part, and you received a promise, worth $5,000, from the
concrete company.
Others can speak, but it seems you have a bad debt, which you may or may
not be able to write off. You also have to prove the debt is worthless.
I think you need to sue the concrete company. Maybe warn them ahead of
time, reminding them the bad publicity will undo any of the good
publicity they received by donating to the TV station, many-fold.
Maybe call the competing TV station "action team" to try to get your
recovery. I bet they would love to air this item.
Stuart O. Bronstein
Feb 5, 2021, 10:14:08 PM2/5/21
to
Taxed and Spent <nospam...@nonospam.com> wrote:
company? Call the TV station, tell them you never got the "prize"
and tell them to correct the 1099. They certainly didn't give you
anything.
--
Stu
http://DownToEarthLawyer.com
> Tom Russ wrote:
>> Margie Porter wrote:
>>> I supposedly won a "contest" from a local tv news station for
>>> $5,000 worth of concrete. The concrete company never contacted
>>> me and the work was never performed. Emails to the tv station
>>> made promises that I would soon be contacted by the concrete
>>> company, but it never happened and I finally gave up. I received
>>> a 1099 MISC for $5,000 from the television station. Do I have to
>>> report this to the IRS?
>>
>> IANAL, but I would send a physical letter to the TV station to
>> clear this up. I would send it to the Legal Department, point out
>> that the station had utterly failed in their due diligence in
>> making sure the prize money was paid out. Then demand that they
>> either (1) correct the 1099 to show nothing was paid or (2) send
>> you a check for the $5000 they said you got but which was never
>> in fact delivered.
>>
>> I suppose you could also consider small claims to force them to
>> pay what they said they paid you.
>
> I don't think that will be of much use. The TV station will say
> they did their part, and you received a promise, worth $5,000,
> from the concrete company.
Then why did the 1099 come from the TV station and not the concrete
>> Margie Porter wrote:
>>> I supposedly won a "contest" from a local tv news station for
>>> $5,000 worth of concrete. The concrete company never contacted
>>> me and the work was never performed. Emails to the tv station
>>> made promises that I would soon be contacted by the concrete
>>> company, but it never happened and I finally gave up. I received
>>> a 1099 MISC for $5,000 from the television station. Do I have to
>>> report this to the IRS?
>>
>> IANAL, but I would send a physical letter to the TV station to
>> clear this up. I would send it to the Legal Department, point out
>> that the station had utterly failed in their due diligence in
>> making sure the prize money was paid out. Then demand that they
>> either (1) correct the 1099 to show nothing was paid or (2) send
>> you a check for the $5000 they said you got but which was never
>> in fact delivered.
>>
>> I suppose you could also consider small claims to force them to
>> pay what they said they paid you.
>
> I don't think that will be of much use. The TV station will say
> they did their part, and you received a promise, worth $5,000,
> from the concrete company.
company? Call the TV station, tell them you never got the "prize"
and tell them to correct the 1099. They certainly didn't give you
anything.
--
Stu
http://DownToEarthLawyer.com
Taxed and Spent
Feb 6, 2021, 10:44:57 AM2/6/21
to
to sue the concrete company, so obviously they received something to sue
over.
Taxed and Spent
Feb 6, 2021, 10:44:57 AM2/6/21
to
On 2/5/2021 8:15 AM, Margie Porter wrote:
> I supposedly won a "contest" from a local tv news station for $5,000 worth of concrete. The concrete company never contacted me and the work was never performed. Emails to the tv station made promises that I would soon be contacted by the concrete company, but it never happened and I finally gave up. I received a 1099 MISC for $5,000 from the television station. Do I have to report this to the IRS?
>
It is unclear - did YOU ever contact the concrete company?
> I supposedly won a "contest" from a local tv news station for $5,000 worth of concrete. The concrete company never contacted me and the work was never performed. Emails to the tv station made promises that I would soon be contacted by the concrete company, but it never happened and I finally gave up. I received a 1099 MISC for $5,000 from the television station. Do I have to report this to the IRS?
>
Stuart O. Bronstein
Feb 6, 2021, 12:20:02 PM2/6/21
to
Taxed and Spent <nospam...@nonospam.com> wrote:
>>> I don't think that will be of much use. The TV station will say
>>> they did their part, and you received a promise, worth $5,000,
>>> from the concrete company.
>>
>> Then why did the 1099 come from the TV station and not the
>> concrete company? Call the TV station, tell them you never got
>> the "prize" and tell them to correct the 1099. They certainly
>> didn't give you anything.
>
> The TV station gave them the right to concrete services. They are
> able to sue the concrete company, so obviously they received
> something to sue over.
OP Is most likely a cash basis taxpayer. She didn't get the cash (or
>>> I don't think that will be of much use. The TV station will say
>>> they did their part, and you received a promise, worth $5,000,
>>> from the concrete company.
>>
>> Then why did the 1099 come from the TV station and not the
>> concrete company? Call the TV station, tell them you never got
>> the "prize" and tell them to correct the 1099. They certainly
>> didn't give you anything.
>
> The TV station gave them the right to concrete services. They are
> able to sue the concrete company, so obviously they received
> something to sue over.
anything else), the TV station did nothing to either get the prize to
her. They have no right to send her a 1099 under the circumstances.
--
Stu
http://DownToEarthLawyer.com
Taxed and Spent
Feb 6, 2021, 1:35:07 PM2/6/21
to
On 2/5/2021 8:15 AM, Margie Porter wrote:
> I supposedly won a "contest" from a local tv news station for $5,000 worth of concrete. The concrete company never contacted me and the work was never performed. Emails to the tv station made promises that I would soon be contacted by the concrete company, but it never happened and I finally gave up. I received a 1099 MISC for $5,000 from the television station. Do I have to report this to the IRS?
>
This may be useful to you:
>
https://viewfromthewing.com/getting-taxed-miles-heres-dispute/
Taxed and Spent
Feb 7, 2021, 6:42:07 PM2/7/21
to
On 2/6/2021 9:16 AM, Stuart O. Bronstein wrote:
> Taxed and Spent <nospam...@nonospam.com> wrote:
>
>>>> I don't think that will be of much use. The TV station will say
>>>> they did their part, and you received a promise, worth $5,000,
>>>> from the concrete company.
>>>
>>> Then why did the 1099 come from the TV station and not the
>>> concrete company? Call the TV station, tell them you never got
>>> the "prize" and tell them to correct the 1099. They certainly
>>> didn't give you anything.
>>
>> The TV station gave them the right to concrete services. They are
>> able to sue the concrete company, so obviously they received
>> something to sue over.
>
> OP Is most likely a cash basis taxpayer. She didn't get the cash (or
> anything else), the TV station did nothing to either get the prize to
> her. They have no right to send her a 1099 under the circumstances.
>
>
Of course the TV station did something to get the prize to her. They
> Taxed and Spent <nospam...@nonospam.com> wrote:
>
>>>> I don't think that will be of much use. The TV station will say
>>>> they did their part, and you received a promise, worth $5,000,
>>>> from the concrete company.
>>>
>>> Then why did the 1099 come from the TV station and not the
>>> concrete company? Call the TV station, tell them you never got
>>> the "prize" and tell them to correct the 1099. They certainly
>>> didn't give you anything.
>>
>> The TV station gave them the right to concrete services. They are
>> able to sue the concrete company, so obviously they received
>> something to sue over.
>
> OP Is most likely a cash basis taxpayer. She didn't get the cash (or
> anything else), the TV station did nothing to either get the prize to
> her. They have no right to send her a 1099 under the circumstances.
>
>
told her "here is the certificate/letter for the prize from the concrete
company". The rest is between her and the concrete company. The TV
company is not going to deliver concrete.
John Levine
Feb 7, 2021, 9:57:20 PM2/7/21
to
In article <rvprci$qkh$1...@dont-email.me>,
I concur with the advice to contact the TV station and tell them to correct
the 1099 since they provided her with $0 of value.
--
Regards,
John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly
Taxed and Spent <nospam...@nonospam.com> wrote:
>> They have no right to send her a 1099 under the circumstances.
>Of course the TV station did something to get the prize to her. They
>told her "here is the certificate/letter for the prize from the concrete
>company". The rest is between her and the concrete company. The TV
>company is not going to deliver concrete.
We have no reason to belive that five grand of free concrete ever existed.
>> They have no right to send her a 1099 under the circumstances.
>Of course the TV station did something to get the prize to her. They
>told her "here is the certificate/letter for the prize from the concrete
>company". The rest is between her and the concrete company. The TV
>company is not going to deliver concrete.
I concur with the advice to contact the TV station and tell them to correct
the 1099 since they provided her with $0 of value.
--
Regards,
John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly
Barry Margolin
Feb 8, 2021, 10:08:09 AM2/8/21
to
In article <rvq85g$kpt$1...@gal.iecc.com>, "John Levine" <jo...@taugh.com>
wrote:
> In article <rvprci$qkh$1...@dont-email.me>,
> Taxed and Spent <nospam...@nonospam.com> wrote:
> >> They have no right to send her a 1099 under the circumstances.
>
> >Of course the TV station did something to get the prize to her. They
> >told her "here is the certificate/letter for the prize from the concrete
> >company". The rest is between her and the concrete company. The TV
> >company is not going to deliver concrete.
>
> We have no reason to belive that five grand of free concrete ever existed.
>
> I concur with the advice to contact the TV station and tell them to correct
> the 1099 since they provided her with $0 of value.
If I were the TV station, the prize would be a gift certificate for
$5000 worth of concrete service.
Isn't it the concrete company's responsibility to honor the certificate?
--
Barry Margolin
Arlington, MA
wrote:
> In article <rvprci$qkh$1...@dont-email.me>,
> Taxed and Spent <nospam...@nonospam.com> wrote:
> >> They have no right to send her a 1099 under the circumstances.
>
> >Of course the TV station did something to get the prize to her. They
> >told her "here is the certificate/letter for the prize from the concrete
> >company". The rest is between her and the concrete company. The TV
> >company is not going to deliver concrete.
>
> We have no reason to belive that five grand of free concrete ever existed.
>
> I concur with the advice to contact the TV station and tell them to correct
> the 1099 since they provided her with $0 of value.
$5000 worth of concrete service.
Isn't it the concrete company's responsibility to honor the certificate?
--
Barry Margolin
Arlington, MA
Taxed and Spent
Feb 8, 2021, 10:08:10 AM2/8/21
to
On 2/7/2021 6:55 PM, John Levine wrote:
> In article <rvprci$qkh$1...@dont-email.me>,
> Taxed and Spent <nospam...@nonospam.com> wrote:
>>> They have no right to send her a 1099 under the circumstances.
>
>> Of course the TV station did something to get the prize to her. They
>> told her "here is the certificate/letter for the prize from the concrete
>> company". The rest is between her and the concrete company. The TV
>> company is not going to deliver concrete.
>
> We have no reason to belive that five grand of free concrete ever existed.
>
> I concur with the advice to contact the TV station and tell them to correct
> the 1099 since they provided her with $0 of value.
>
I don't disagree that contracting the TV station for correction is one
> In article <rvprci$qkh$1...@dont-email.me>,
> Taxed and Spent <nospam...@nonospam.com> wrote:
>>> They have no right to send her a 1099 under the circumstances.
>
>> Of course the TV station did something to get the prize to her. They
>> told her "here is the certificate/letter for the prize from the concrete
>> company". The rest is between her and the concrete company. The TV
>> company is not going to deliver concrete.
>
> We have no reason to belive that five grand of free concrete ever existed.
>
> I concur with the advice to contact the TV station and tell them to correct
> the 1099 since they provided her with $0 of value.
>
avenue the OP should pursue.
However, I think the likelihood that a TV station would send out a bogus
award certificate and follow it up with a bogus 1099 pales in comparison
with the likelihood that a company made a donation to the TV station and
then failed to live up to its commitment once that donation was awarded
as a prize.
Stuart O. Bronstein
Feb 8, 2021, 10:43:11 AM2/8/21
to
Barry Margolin <bar...@alum.mit.edu> wrote:
certificate. But if you are a cash basis taxpayer in business and
you send someone an invoice, you aren't taxed on the money they owe
you until they actually pay you. This woman has not yet gotten what
she was promised, so she should not be taxed at this time. That's
what "cash basis" means.
--
Stu
http://DownToEarthLawyer.com
> "John Levine" <jo...@taugh.com> wrote:
>> Taxed and Spent <nospam...@nonospam.com> wrote:
>> >> They have no right to send her a 1099 under the circumstances.
>> >Of course the TV station did something to get the prize to her.
>> >They told her "here is the certificate/letter for the prize from
>> >the concrete company". The rest is between her and the concrete
>> >company. The TV company is not going to deliver concrete.
>>
>> We have no reason to belive that five grand of free concrete ever
>> existed.
>>
>> I concur with the advice to contact the TV station and tell them
>> to correct the 1099 since they provided her with $0 of value.
>
> If I were the TV station, the prize would be a gift certificate
> for $5000 worth of concrete service.
>
> Isn't it the concrete company's responsibility to honor the
> certificate?
Yes, the concrete company is responsible for honoring the
>> Taxed and Spent <nospam...@nonospam.com> wrote:
>> >> They have no right to send her a 1099 under the circumstances.
>> >Of course the TV station did something to get the prize to her.
>> >They told her "here is the certificate/letter for the prize from
>> >the concrete company". The rest is between her and the concrete
>> >company. The TV company is not going to deliver concrete.
>>
>> We have no reason to belive that five grand of free concrete ever
>> existed.
>>
>> I concur with the advice to contact the TV station and tell them
>> to correct the 1099 since they provided her with $0 of value.
>
> If I were the TV station, the prize would be a gift certificate
> for $5000 worth of concrete service.
>
> Isn't it the concrete company's responsibility to honor the
> certificate?
certificate. But if you are a cash basis taxpayer in business and
you send someone an invoice, you aren't taxed on the money they owe
you until they actually pay you. This woman has not yet gotten what
she was promised, so she should not be taxed at this time. That's
what "cash basis" means.
--
Stu
http://DownToEarthLawyer.com
Curt
Feb 8, 2021, 2:13:26 PM2/8/21
to
On 2021-02-08, Barry Margolin <bar...@alum.mit.edu> wrote:
> In article <rvq85g$kpt$1...@gal.iecc.com>, "John Levine" <jo...@taugh.com>
> wrote:
>
>> In article <rvprci$qkh$1...@dont-email.me>,
>> Taxed and Spent <nospam...@nonospam.com> wrote:
>> >> They have no right to send her a 1099 under the circumstances.
>>
>> >Of course the TV station did something to get the prize to her. They
>> >told her "here is the certificate/letter for the prize from the concrete
>> >company". The rest is between her and the concrete company. The TV
>> >company is not going to deliver concrete.
>>
>> We have no reason to belive that five grand of free concrete ever existed.
>>
>> I concur with the advice to contact the TV station and tell them to correct
>> the 1099 since they provided her with $0 of value.
>
> If I were the TV station, the prize would be a gift certificate for
> $5000 worth of concrete service.
> Isn't it the concrete company's responsibility to honor the certificate?
The payor is uniquely responsible for the accuracy of the 1099 they
> In article <rvq85g$kpt$1...@gal.iecc.com>, "John Levine" <jo...@taugh.com>
> wrote:
>
>> In article <rvprci$qkh$1...@dont-email.me>,
>> Taxed and Spent <nospam...@nonospam.com> wrote:
>> >> They have no right to send her a 1099 under the circumstances.
>>
>> >Of course the TV station did something to get the prize to her. They
>> >told her "here is the certificate/letter for the prize from the concrete
>> >company". The rest is between her and the concrete company. The TV
>> >company is not going to deliver concrete.
>>
>> We have no reason to belive that five grand of free concrete ever existed.
>>
>> I concur with the advice to contact the TV station and tell them to correct
>> the 1099 since they provided her with $0 of value.
>
> If I were the TV station, the prize would be a gift certificate for
> $5000 worth of concrete service.
> Isn't it the concrete company's responsibility to honor the certificate?
issued. As it is plainly erroneous, they should be asked either to
destroy the form, if it hasn't yet been communicated to the IRS, or in
the contrary case issue a corrected one.
John Levine
Feb 9, 2021, 9:20:44 PM2/9/21
to
In article <rvrjrj$45b$1...@dont-email.me>,
problem of the recipient of the non-existent prize. The
recipient has received nothing of value, has no knowledge of what
agreement there might or not be between the TV station and the
concrete company, and has no reason to believe they ever will receive anyting.
--
Regards,
John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly
Taxed and Spent <nospam...@nonospam.com> wrote:
>I don't disagree that contracting the TV station for correction is one
>avenue the OP should pursue.
>
>However, I think the likelihood that a TV station would send out a bogus
>award certificate and follow it up with a bogus 1099 pales in comparison
>with the likelihood that a company made a donation to the TV station and
>then failed to live up to its commitment once that donation was awarded
>as a prize.
I agree that is entirely likely, but I don't see why that is the
>I don't disagree that contracting the TV station for correction is one
>avenue the OP should pursue.
>
>However, I think the likelihood that a TV station would send out a bogus
>award certificate and follow it up with a bogus 1099 pales in comparison
>with the likelihood that a company made a donation to the TV station and
>then failed to live up to its commitment once that donation was awarded
>as a prize.
problem of the recipient of the non-existent prize. The
recipient has received nothing of value, has no knowledge of what
agreement there might or not be between the TV station and the
concrete company, and has no reason to believe they ever will receive anyting.
--
Regards,
John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly
ira smilovitz
Feb 9, 2021, 10:15:48 PM2/9/21
to
On Tuesday, February 9, 2021 at 9:20:44 PM UTC-5, John Levine wrote:
> In article <rvrjrj$45b$1...@dont-email.me>,
> Taxed and Spent <nospam...@nonospam.com> wrote:
> >I don't disagree that contracting the TV station for correction is one
> >avenue the OP should pursue.
> >
> >However, I think the likelihood that a TV station would send out a bogus
> >award certificate and follow it up with a bogus 1099 pales in comparison
> >with the likelihood that a company made a donation to the TV station and
> >then failed to live up to its commitment once that donation was awarded
> >as a prize.
> I agree that is entirely likely, but I don't see why that is the
> problem of the recipient of the non-existent prize. The
> recipient has received nothing of value, has no knowledge of what
> agreement there might or not be between the TV station and the
> concrete company, and has no reason to believe they ever will receive anyting.
> --
> Regards,
> John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
> Please consider the environment before reading this e-mail. https://jl.ly
> --
The "correct" answer to this is to report the $5000 as other income followed by a line showing ($5000) with an explanation - "award never delivered". The real issue for the op is that the IRS will document match the 1099-MISC with the return and will send a CP2000 notice for the difference. Depending on the other facts in the return, this could result in a significant underreporting penalty. By reporting the award and then backing it out, you have reported the putative incom
> In article <rvrjrj$45b$1...@dont-email.me>,
> Taxed and Spent <nospam...@nonospam.com> wrote:
> >I don't disagree that contracting the TV station for correction is one
> >avenue the OP should pursue.
> >
> >However, I think the likelihood that a TV station would send out a bogus
> >award certificate and follow it up with a bogus 1099 pales in comparison
> >with the likelihood that a company made a donation to the TV station and
> >then failed to live up to its commitment once that donation was awarded
> >as a prize.
> I agree that is entirely likely, but I don't see why that is the
> problem of the recipient of the non-existent prize. The
> recipient has received nothing of value, has no knowledge of what
> agreement there might or not be between the TV station and the
> concrete company, and has no reason to believe they ever will receive anyting.
> --
> Regards,
> John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
> Please consider the environment before reading this e-mail. https://jl.ly
> --
This is similar to winners of retail prizes on game shows. The prizes are always valued at full retail. If you can document that the prize was worth less, you can claim the lesser value on your tax return. (Think - "You've won an all-expenses paid trip to XXX valued at $YYY".) If you could book the same trip for less, you document the actual cost and claim that on your tax return. Again, the proper way to report it on your tax return is to list the full retail value of the prize as determined by the "giver" and then adjust to the actual FMV of the prize.
Ira Smilovitz, EA
Leonia, NJ
Taxed and Spent
Feb 10, 2021, 10:31:38 AM2/10/21
to
0 new messages