Design655
Returning Member

Form 8919, code H

So when I received my W2 from my boss a few weeks ago, I noticed that the amount on it was MUCH lower than my actual income last year. When I asked my boss (I work for a very small company, so there is no HR or payroll or what-have-you), he said that that was because he paid most of my paychecks last year with personal checks—the W-2 was filled out by ADP. Problem is, those personal checks were for after-tax amounts...and I have no idea where the money withheld went, and my boss is endlessly deflective.

 

When I posted about this a month ago (https://ttlc.intuit.com/community/Other-tax-discussions/W2-Discrepency/m-p/10006/highlight/false#M34...), I was advised to fill out a Form 8919 with option H. They also said I should get my boss to fill out a 1099-MISC representing the missing amount. I have since tried to explain this to him with a promise that he would "speak to his accountant", but I would be surprised if he actually followed through, so I have the following questions:

 

1. If I can't get my boss to provide me a 1099-MISC, can I still fill out an 8919? Option H specifically specifies "I received a Form W-2 and a Form 1099-MISC"...but I also see that box 1e says "check if Form 1099-MISC was received"...

 

2. Again, without that 1099-MISC, I can't know exactly how much I grossed last year (outside of the Gross reported on my W-2, which is, again, only about 25% of my income), but I have used my bank statements to determine exactly how much I netted, and using the information from my W2, I calculated the percentage that should have been withheld, thus coming to an estimated "gross income". It may very well be off by a smidgeon, but if I can't get that 1099-MISC (and I can still submit the 8919 without it), should I use that estimated value? If not...what should I do?

 

Thanks, as always, in advance!