The IRS paid a tax refund to a couple after they filed a federal lawsuit last week to get the money they were owed.
Jay and Christine Gordon learned that someone had filed a fraudulent 2010 return using Jay's identity.
They later filed a real one, showing they were owed a $2,513 refund. But their attorney, James A. Staack, said the IRS was sitting on it and filed a lawsuit on their behalf.
Christine Gordon discovered Friday evening, while checking their bank account, that the refund had been deposited.
Staack said the couple received $2,570, more than they were owed most likely due to interest.
It's unclear if the Gordons will now continue with the lawsuit, which seeks class-action status.
"The Gordons are no longer good plaintiffs because they received payment (and) the other side will argue they don't have standing," Staack said.
But others also have come forward, interested in joining the suit. "We're contemplating amending the suit," he said.