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Although I sent them the check well before the end of the year, they didn't get around to it until January 2004. Therefore, they say I have to give them the amount for the taxes, and that I'll get the taxes back on my tax return.

It's unusual for me to get bull-headed, but I would this time. I'd point out to them that they sat on the check for a while (I assume we're talking about a couple of weeks here) and that the fault is theirs, not yours. I would not send them the balance of the money for the taxes. And if necessary, I'd file your returns using a substitute W-2, claiming the net amount of pay and taxes after the repayment.

You'll probably need to file on paper, and I'd expect any refund to take longer than normal.

--Peter <== knowing that a corrected W-2 (and related payroll tax returns) are not that tough to do
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