A tax scam by preparers who tempt tax payers to claim the American Opportunity Tax Credit when they really aren't eligible has the IRS issuing a warning.

"This is another one of the scams that we've seen emerge. We see scams all year long, but they do tend to peak during filing season. Basically were warning senior citizens and other tax payers about this attempt."

Internal Revenue Service Spokesperson, Karen Connelly says the promoter will claim they can obtain the refund, in this case the American Opportunity College Tax Credit, and you don't have to have gone to college or you could have gone a decade ago. Its not true. She says the fraudsters claim no documentation is needed. Connelly says such claims can often be a warning, because documentation is always needed.

To get the facts on tax benefits for education, go to the tax benefits for education information center at I-R-S.gov.