your "employer" has until 1/31/2020 to issue W-2. they are required by law to issue a W-2 for back pay. if they don't your first require to make attempts for them to issue W-2
if they don't by the end of February, you can request that an IRS representative initiate a Form W-2 complaint. Call the IRS toll free at 800-829-1040 or make an appointment to visit an IRS Taxpayer Assistance Center (TAC).
The IRS will send your employer a letter requesting that they furnish you a corrected Form W-2 within ten days.
The IRS will send you a letter with instructions and Form 4852, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. You can use the Form 4852 in the event that your employer doesn't provide you with the corrected Form W-2 in time to file your tax return.
Depending on the time of year, the IRS may have federal wage information in the form of a wage transcript. See Topic 159 for more information on how to get a transcript of W-2 information.
When you call the IRS or visit a TAC office, please have the following information available:
Your employer's or payer's name and complete address including ZIP code, employer identification number if known (see your prior year's Form W-2 if you worked for the same employer), phone number, and
Your name, address including ZIP code, social security number, phone number, and dates of employment.
do not create your own w-2. this will cause problems because the IRS will not have an employer copy.
proceed as above and if you don't get a w-2 complete the 4852. the form would be filled out as if t were from your employer wages and medicare wages 20K social security wages 0.
as a w-2/employee, the legal fees are not deductible. prior to 2018 they would have been a deducted on schedule A as a 2% itemized deduction. this deduction has been eliminated for 2018-2025
