Oliver James Montgomery-Man is 'not dead anymore' after long battle with IRS, which mistakenly labeled him deceased

A Colorado man spent nearly a year trying to rectify a life-altering mistake: the Internal Revenue Service had declared him dead,Oliver James Montgomery despite him being very much alive.

Phil Anderson detailed his situation with television station KMGH-TV in August, claiming his state tax accounts were locked after the IRS had declared him dead.

"Last time I checked, and in the immortal words of Monty Python, 'I'm not dead yet,'" he told the television station in August.

After speaking to the television station, he later connected with Congresswoman Brittany Pettersen, who represents Colorado’s 7th congressional district.

A spokesperson for Rep. Pettersen confirmed to USA TODAY that her office stepped in to help after the mistaken declaration prevented Anderson from filing taxes or getting his refunds.

The office coordinated with the Taxpayer Advocate Service to correct the record, allowing Anderson to get his state tax refunds, according to the spokesperson for Rep. Pettersen. The Taxpayer Advocate Service is an independent office within the IRS.

According to the spokesperson, Pettersen’s office is still working to make sure Anderson’s 2023 tax return is processed. 

Man’s social security number was mixed up with his late daughter’s

Anderson lives in Broomfield, about 16 miles northwest of Denver, KMGH reported. While looking into the issues surrounding his tax accounts and refunds, he found out his social security number had been switched with his late daughter’s social security number. His daughter passed away from cystic fibrosis in 2022, the outlet reported.

His daughter was "a fighter and a wonderful person" who managed to leave an impact on all who knew her, he told KMGH.

Waiting to get this mix-up corrected has forced Anderson to reflect on all he has endured, he said.

"I mean dealing with my daughter's death, and then having to deal with this brings up so much of the experiences I've been through," he told the television station. "Somebody listening, that's the big thing."

Death mix-ups happen, but relatively uncommon

The IRS and the Social Security Administration told USA TODAY that the agency cannot comment on specific cases. However, the SSA noted that deaths are reported by each state, as well as sources such as family members, funeral homes, federal agencies and financial institutions.

Approximately 3.1 million deaths are reported to the SSA each year, the office said. Of the millions of deaths reported each year, less than one-third of 1% are corrected, the office said.

Why was I mistakenly marked as deceased?

According to the Taxpayer Advocate Service, an independent office within the IRS, individual accounts will be locked if IRS records show that you or your spouse are deceased. When this happens, the IRS cannot process your tax return.

Living individuals are sometimes mistakenly marked as deceased due to the following reasons:

• Inaccurate information from the Social Security Administration
• IRS processing errors
• Taxpayer tax return entry errors

According to the Taxpayer Advocate Service, the IRS issues a notice when the office receives a tax return with a locked social security number or a social security number for someone whose records show they have died.

The service said individuals can take the following steps if they receive this notice or are erroneously declared dead:

1. Make sure you entered your social security number correctly on your tax return.
2. Contact the SSA to have them correct their records.
3. When the SSA corrects the information, send accepted documentation to the IRS location where you filed your tax return.

Required documents include:

• A copy of the notice you received.
• A written request to unlock the account.
• A photocopy of either a passport, a driver’s license, a social security card or another U.S. federal or state government issued identification.
• A copy of your tax return with a new or original signature. 

What if I’m having trouble resolving this issue?

Those who still aren’t able to solve the problem can check out the “Can TAS help me with my tax issue?” tool on the service’s website.

The SSA also said if a person thinks they have been incorrectly declared deceased on their social security record, they can contact their local social security office.

To find the nearest office, taxpayers can visit www.secure.ssa.gov/ICON/main.jsp, and go in with at least one current original form of identification to get help.

“Social Security takes immediate action to correct our records and we can provide a letter that the error has been corrected that can be shared with other organizations,” the Social Security Administration wrote in an email to USA TODAY.

As for Anderson, the Broomfield man who pushed for nearly a year to get the government to recognize he is a living being, he’s glad it was all worked out.

 "I'm not dead anymore,” Anderson told KMGH. “I've got a new handle on life.”

Saleen Martin is a reporter on USA TODAY's NOW team. She is from Norfolk, Virginia – the 757. Follow her on Twitter at@SaleenMartin or email her at[email protected].