Keep that in mind as you watch Bulten expound a bit of advice regarding correcting 1099s:
To which he is smacked down with a CtC cite:John J. Bulten wrote:Only the payor can issue "corrected" 1099s. What is described in CtC is not a payor correcting a 1099, but a payee creating an affidavit with a signature under penalties of perjury indicating that the 1099 form (its graphic details) has been used as part of the affidavit, for the purpose of supplying the data which should have appeared on the 1099, in the absence of any regulatory guidance for payees disputing 1099s (other than 1099-R). Explain in your reply that your submission constitutes an affidavit. You did have affidavit text signed under penalties of perjury, right?
And then Bulten mysteriously disappears from the thread. Looks like Darth Hendrickson's favored disciple has strayed from the path.strawman wrote:Very interesting indeed. Although you may be correct, my reading of CtC p. 177 is in clear contradiction.
"A payee need merely check this box on the form, make appropriate corrections to the data, and submit the form with a corresponding accurate tax return."
Followed by: "I think it important to also mark a 'correcting' Form 1099 with a sworn declaration to the effect that,..."
Pete does not say that it is necessary to sign this form as an affidavit.
Having said all that, I did in fact sign my corrected 1099 with a sworn declaration.
Can you reference a section of Title 26 or any other relavent law that specifically states that only the payer can correct a 1099?