What if the tax office messes up your taxes?

Question

Jackson Hewlet tax office messed up my taxes. They answered a question wrong and caused us not to get our earned income tax cutting us 1,200 short. We caught it and called only about 20 minutes after. They waited several hours to call back and said yes it was wrong but there was an hour window in which to fix it and it had passed. Now all they can do is amend it and it could take as much as 6 months for the money. We were counting on the money. THEY missed the hour window, not us. They will not compensate us any more then amending it for free. I am very upset. Is there no way to make them give us a check or money card for the 1,200? Now, they dont even want to talk to me, and deni that we made the 1 hour window and they did not. Is there anything more they can do and how do I make them do it?

Answer 1

HI YOUR SITUATION IS UNFORTUNATE .. BUT YOU DO HAVE PHONE RECORDS TO PROVE YOUR CALL TIME TO THEM. ( JACKSON HEWLET ) THAT'S WHERE I WOULD START . IF THE LOCAL OFFICE IS UNCOOPERATIVE .. FIND OUT WHERE A REGIONAL OR MAIN CORPORATE OFFICE IS: CONTACT THAT OFFICE AND SPEAK TO THE HIGHEST OFFICER IN THAT COMPANY . THAT YOU CAN REACH AND STATE YOUR CASE ..
ALSO YOU MIGHT TRY THE LOCAL NEWS PAPER OR TV STATION THEY MAY HAVE A CONSUMER PROTECTION OFFICE . THAT'S ALWAYS LOOKING FOR SOMEONE TO GO AFTER .. DON'T GIVE UP IF YOUR RIGHT KEEP THE PRESSURE ON .. THEY ARE JUST HOPPING YOU GO AWAY..

Answer 2

They are not obligated to you except for the cost of rectifying the situation, i.e. preparing an amended return. They will prepare and file an amended return for you on Form 1040X without any additional charge.

You will receive your money from the IRS, usually in about 6 - 8 weeks, NOT 6 months, and that's if a paper 1040X is filed. If the 1040X can be e-filed and you opt for your refund to be deposited directly to your bank account you should see the money very shortly after you get your first refund -- possibly even the same day if you get this sorted out TODAY.

You might have a claim against Hewett for interest on that money for the time difference that it takes you to get the money. However at current interest rates that will only be about $3.00 - $5.00 per month. That would not be worth pursuing.

The fastest way for you to resolve this at the lowest cost is to work with the preparer. They messed up and they can fix it fairly quickly. But if you make a big stink about it, they will probably just refund your prep fees and tell you to go elsewhere. That will only delay your refund even further AND cost you more $$$ in the end.

Answer 3

It doesn't really matter what time you called them, unfortunately. Once they've filed, the only way to fix it is through an amended filing. The "hour window" they're talking about is probably how often they actually send the returns to the IRS.. If they fixed it before they sent it, then all would be OK. But if was already send, you're out of luck.

Not fair, no. But unless they're willing to make good on THEIR mistake, then you probably just have to wait for your money.

Good luck.

Answer 4

You should look to the terms of your contractual agreement with them. Most of these firms require that you sign a contract. That contract will most likely set out their obligations and your remedies. Most likely there is a liquidated damages clause, which specifies that if they screw up then they are only obligated to return the monies that you paid them. You may find a guarantee or satisfaction clause in there too. If there is no written agreement, then you have to rely on your state law. A small claims action against them would probably get their attention pretty quick.... It might even get you a check pretty quick....


Kreig Mitchell
www.irstaxtrouble.com
www.irstaxtrouble.com/blog.htm

Answer 5

im assuming they filed your taxes electronically. they will have to amend your return. it shouldnt take that long to receive the extra money. im sure you will have it within a month or so.