May 27, 2026
When it comes to taxes, most of us worry about owing the IRS money, not getting too much of it back.
But that’s exactly what happened to Wilson Perry Kirby. When the 76-year-old retired Tennessee highway worker received an unexpected $20,000 tax refund in May 2022, he knew it wasn’t his and immediately tried to return it.
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When that didn’t work, he asked his accountant for help. He then called the IRS and even tried to reach out to President Trump, but nothing worked.
“I’ve tried the president, governor, mayor,” Kirby told Nashville’s NewsChannel 5. “They don’t mind asking you to vote for them, but when you need help you can’t get a hold of nobody.”
Years of back-and-forth followed, but the gut punch came when the IRS charged him interest on the money he was trying to return — and kept his entire tax refund this year to cover the bill.
“Oh, I cried. It hurt me,” said Kirby.
Why IRS mistakes can become your problem
Kirby wasn’t the only one who saw mistakes on their refunds that year. In 2022, the IRS issued more than 9.4 million math error notices, resulting in both underpayments and overpayments.
When an erroneous overpayment is sent, the IRS expects you to return it promptly — within 21 days, according to IRS Topic 161 — whether or not the mistake was yours. If this happens to you, make sure to follow the correct steps as quickly as possible.
The process depends on how you received the overpayment. If you received a paper check that you haven’t cashed, write “Void” on the back and mail it to the appropriate IRS location within 21 days. If you already cashed it — or received the money via direct deposit — you’ll need to send a personal check or money order that notes “Payment of Erroneous Refund,” the relevant tax period and your Social Security number.
Above all, you’ll need to be persistent enough to keep pushing even when the process gets frustrating. As Kirby put it: “I’m hard-headed, and I get set in my ways.” In a fight with the IRS, that might be exactly the right mindset to have.
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What to do when the process breaks down
If following the rules doesn’t result in a resolution, as Kirby experienced, there are other steps you can take. Here are your best options:
Contact the Taxpayer Advocate Service
The TAS is an independent organization inside the IRS that exists specifically to help people navigate situations like this. It’s free and it carries real weight — the TAS exists to protect taxpayer rights and has the authority to push for a resolution when normal IRS channels have failed. This should be your first stop if following the return process doesn’t work.
Reach out to your congressional representative
If you’re unable to reach a resolution with the help of the TAS, contact your congressperson. Congressional offices can often assist with issues related to federal agencies, including problems with the IRS, at no charge. Your representative's constituent services office can likely open a case with the TAS on your behalf, which adds an extra layer of pressure.
Bring in a tax professional or attorney
If the previous steps don’t help you resolve the issue, consider bringing in a CPA, enrolled agent or tax attorney to communicate directly with the IRS. They can help you understand what interest you may owe and explore whether penalty abatement — a formal request to the IRS to waive penalties by completing Form 843 — is an option.
Reach out to the media
If all else fails, consider reaching out to a news outlet. Many news organizations have a consumer advocate team that can help get your story out and potentially find a resolution.
For Kirby, that was the final step that helped him solve his issue. After NewsChannel 5 got involved, Kirby is now expecting to receive his tax return for this year by the end of May, bringing this nearly four-year saga to an end.
“If it hadn’t been for you [NewsChannel 5], I wouldn’t have gotten nothing done,” said Kirby.
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Danielle is a personal finance writer whose work has appeared in publications including Motley Fool and Business Insider. She believes financial literacy key to helping people build a life they love. She’s especially passionate about helping families and kids learn smart money habits early.
