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BISON | Can I sue my Tax person? |
My wife and I along with her brother and countless others at his job were audited by the IRS last year. After we were audited the tax person was up and gone and now has contacted us again to do taxes with her this year. So I really wana kn ow if we can do naything against her since obviously she was up to no good and got a bunch of us in trouble.
Additional Details
I was audited for $3500 and my wife for $2400. Upon asking another tax accountant my parents use, this lady put outrageous amounts for charity and business expense. But it's fishy when multiple people are getting audited from same year of taxes and using this lady. Then when we went to confront her, her business was locked up and gone. Now all of sudden she's bac in business. |
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Scotty Doesnt Know
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Merely being audited doesn't mean that you or your tax preparer did anything wrong. What were the results of the audit? Did you wind up having to pay more, or did your return stand unamended at the conclusion of the audit?
Anyone can be audited by the IRS. An audit does not necessarily indicate that anyone thinks you did anything wrong. It merely checks to make sure that what you reported on your return actually matches the facts associated with your income and expenses.
If, as a result of being audited, you were required to pay additional taxes, and if your professional tax preparer was aware of the situation that caused your taxes to be increased after the audit, the tax preparer may have some liability. I'm not certain that the amount of the tax preparer's liability would be worth filing a lawsuit, but it is certainly worth mentioning. |
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v b
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So, you are saying that everyone at the company used the same tax person? That everyone at the company agreed it questionable deductions and when the IRS found one bad return, they looked at all of them and disallowed the deductions?
"this lady put outrageous amounts for charity and business expense"
The IRS *never* buys the "I used a prepaper, I didn't read the return, all I did was sign it" excuse. You as the taxpayer are required to review the return and then sign (physically or electronically) the return under penalties of perjury. The IRS's answer to the I didn't read it--you had plenty of time to look at it afterwards and file an amended return.
The schedule A would clearly have shown the amount you said you gave to charity. Any dimwit with a solar calculator and eyeball the charity line and go, I don't remember giving that much. The schedule A and 2106 would also have shown the claims for unreimbursed business expenses. If you didn't have the records for mileage or the business-related long distance calls, laptop use, travel expenses, etc. then you should have refused to sign. |
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bostonianinmo
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How do you reckon that the tax pro was up to no good?? What exactly did she do that caused you to owe more tax??
You do realize that YOU signed a statement under penalty of perjury that your tax return as filed was a true and accurate account of everything on the return. Right?? If you gave your tax pro bad information (deliberately or not) and they relied upon it in good faith then YOU are solely at fault for any error.
Most tax pros will stand behind their work and will cover any penalties due to their own errors. A few might even cover the interest. None will cover the tax since you'd have owed that anyway if the return was correctly prepared. They do this as a matter of professional courtesy and goodwill; they are NOT obligated in any way to do so, however.
The ONLY thing that you could sue for would be the IRS penalties and that would only be if you could PROVE that the tax pro was so careless in their work as to warrant compensation or that their work was blatantly fraudulent. Of course, they will point out that YOU still signed the return which would severely weaken your case. You'd not get anything for the interest charged, nor for the tax due. |
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Pat F
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How did the audit turn out? Did they find mistakes? many deductions are red flags for audits. That doesn't mean they are errors just that the IRS wants to look closer.
Most tax preparers have you sign an agreement that ultimately the onus is on you to submit a correct tax return. Read the contract you had with her very carefully. |
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SmartA$$
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In order to file a lawsuit in any situation, you have to prove a few basic things:
1. What the person did. (and prove that it was them who did it)
2. How that person's actions violate the law
3. How the illegal actions hurt you directly
4. How the harm caused by the illegal actions justifies the amount you are asking for in your lawsuit.
In your situation, I think you will get stuck on #2. While your tax person may have made some mistakes, its not illegal for them to make a mistake. Its only illegal if you can prove that they knowingly and intentionally did your taxes wrong. Its also not illegal for them to disappear when the audit happens. You paid them to help with your taxes and unless your contract specifically said they would be around to support you in the event of an audit, they have no legal obligation to do so.
You can always sue, but in your case I don't think you can win. |
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Judy1
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And you didn't notice that the numbers on your return were just made up? You are the one responsible for the accuracy of your return. So whether you didn't read it over in the first place, or read it and didn't notice those "outrageous amounts", or noticed and decided to keep your mouth shut since you liked the hefty refund, you are still the one responsible for paying for the illegal deductions.
When a preparer gets caught falsifying returns, this is what happens - the IRS looks closely at all the other returns that person prepared.
But she sure has a lot of nerve to contact you again - stay far away from her! |
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Frank112
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No unless you can prove negligence.
Edit - I like VB's answer. You probably got greedy and agreed with the accountant to take false deductions. |
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Aydens Mommy
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i'm gonna go out on a limb with this and simply answer your question. not make assumptions like some..
i would imagine that if you can prove that she put those deductions with out your knowledge and you never had them or knew anything about them then i would think you can sue her.
it'll become a matter of who said what and the judge will decide. i don't think it'll be as easy as you think. UNLESS, i know with working in public accounting.. we would send out a booklet of questions, info, etc.. and use that to prepare the tax returns (which is sad cause these people were pretty much doing they're own taxes and paying us.. but anyway) if you have something like that they'll show the things you listed that occurred thru the year and it does NOT include the ridiculous amount of contributions then you probably have a good case against her. it'll also help in your defense if you have the other people on your side as witnessess... |
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C Wood
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Your information is incomplete, so we can't give you a good answer.
You didn't say WHY all of you were audited. When you're audited, the IRS has to tell you why you've been chosen to be audited.
If you all were audited for similar reasons, or the same reason, then you might be able to prove incompetence, but to sue her I think you need to be able to prove some kind of intentional harm being done to all of you. If this tax person is incompetent, that's not necessarily reason to sue. That IS reason to not use that tax preparer again.
You should look at why you wish to sue her. If you're interested in suing because you want to punish her for the pain of going through an audit, then you're response is childish. If you all had to pay money to the IRS as a result, you might have reason to sue. But punishment just doesn't hold water as a reason, and that's what your comments sound like... an interest in punishing her for being incompetent.
When someone else prepares your taxes, they are supposed to go to fight the IRS audit for you. You failed to tell us if the preparer went to the IRS with you all or for you all. That's important information to know how to answer you.
If you think she was "up to no good" and trying to intentionally get a bunch of you into trouble, then you have to be able to prove that in court if you want to sue her. She's supposed to have a tax preparer's number and her name, number and contact information should have been on your tax forms, and she should have gone to the IRS audit with you. You didn't tell us if she did this or not.
My recommendation is to not waste your time. Just find a better tax preparer.
cw |
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heatherleighann
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sure. you can do whatever you want.
the question is- would it be worth filing the lawsuit? |
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