I have not gotten my tax papers back yet?

I am still waiting for one of my W2's from a past employer and as of today 2-16-08 have not gotten them. I have called over 10 times with no answer and then one time he did answer on 2-5-08 he said that they where mailed out several days before that. Aren't they suppose to be postmarked by 1-31. This employer is a huge *** and I feel like he is doing this on purpose. What am I to do? I should be getting a W2 and a 1099 from him and I am unsure the amounts without those papers so I can't file my taxes. Can I report them to the IRS? Is this illegal to not have sent them 16 days past the 31st? We live about 1 mile from the business so I know that it does not take more than 2 days with the mail. And we have been at the same address for 8 years so I know that he has our address. Please help me! I really need to file my taxes.

Is he still open for business? If he's just a mile away, I'd just drop in during business hours and ask him to provide you with a copy - he's required to keep copies.

Sounds like what's REALLY happening is that he hasn't done them.

Call the IRS and tell them about this, and they'll get on his case.

don't worry it is illegal , but the good thing about it is every day that he hold your W2 he gets fine, the down side is you'll have to file late. if it gets to bad call the IRS on his A******
Good Luck.