ORANGE COUNTY, Fla. -- An Orange County man claims a company that prepares taxes stole his identity and a huge tax refund.

GET WFTV NEWS HEADLINES BY EMAIL 9 a.m. Headlines Noon Headlines 4 p.m. Headlines News of the Strange Breaking News Alerts

ID THEFT Feature: US Can't Stop ID Thefts Advice: ID Theft Protection Worth It? Survey: Protect Your Identity? FROM OUR PARTNERS Protect: Yourself From ID Theft Work: Conduct Safe Job Search Avoid: Identity Theft Scams Ways: ID May Be Exploited

"I could go to jail for something I didn't do," says Gilbert Sierra.

All Sierra had done was file his income tax return and paid the taxes he owed. But then, out of the blue, Sierra got a letter from the IRS.

According to the agency, he had filed "two" tax returns this year and collected a whopping $5,642 refund. Now the IRS has demanded every dollar of it back.

Stunned, Sierra called the IRS and was told about a second return he knew nothing about. On the return, two children are claimed that he's never heard of. There was an earned income tax credit that's not his and the big refund had been sent to a checking account in a bank in Southern California.

"They used my name and my social security number," explains Sierra.

TAKE ACTION Do you have a consumer complaint that you can't resolve? Let the Eyewitness News Action Nine office give it a try.

How did it happen? On the same return there was a big clue. Tax Master of Central Florida, located in East Orange County, prepared it. It turns out, Gilbert Sierra had gone to that Tax Master office six months ago, but found out he owed taxes.

"At the time, I didn't' have the money so I didn't file. I left and never went back," he says.

Sierra had given his tax information to Albert Garcia, a tax preparer at Master Tax. Garcia told Action 9's Todd Ulrich that he did take the information, but somebody else had filed the phony return.

"For some reason, there was someone who worked here who is no longer here. I guess he got the information. I don't know," says Garcia.

He said the person was named Pablo, but couldn't remember his fellow employee's last name.

Tax Master is owned and operated by Humberto Collazo, the same Humberto Collazo who got in trouble with the state eight years ago for claiming he was a certified public accountant. He's not.

The same man now calls himself a P.A., or public accountant. But he's not and there is no such thing in Florida.

According to Garcia, the IRS and the California bank are both investigating.

In a phone interview, owner Humberto Collazo told Channel 9 he already fired the man he thinks was responsible. He also said his company will cover any losses Sierra now faces because of the phony tax return.

ID thieves using tricks to swipe your refund is now one of the top five scams the IRS investigates. The caseload doubled in the past year.