According to the IRS we can't sue him, although his name is on the papers,
Is there anyway we can get our money from him?
2007-08-03 11:18:26 · 8 answers · asked by HmC 1 in Business & Finance ➔ Taxes ➔ Other - Taxes
Sorry, but your mom is ultimately responsible for checking and signing the tax return. She might be able to get him to pay for the interest and penalties, but not the tax.
2007-08-03 13:53:42 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A. What was the basis for the adjustment, and do you know that the IRS is calculating it correctly?
B. Was this because of his preparation error, or did you give him erroneous information?
C. Did you go back to him to allow him to review the notice to see what he thought?
I get these all the time. Sometimes I made a mistake, but more often than not - the IRS is interpreting information differently than I did and they just need to see how I handled it, or, the taxpayer didn't give me all the information needed to complete their return.
I wonder if you are not assuming that the authority figure (IRS) is automatically correct, which is common in the general public. If the IRS is correct, then your preparer is a "phoney". The flaw in that logic is that the IRS is a large organization filled with humans - they make mistakes all the time (just like the rest of us).
The adjustment is going to be made up of taxes, interest and penalty. The taxes and interest are your responsibility. The IRS probably did not charge penalty, but if they did, the preparer may be responsible for them (depending on who was responsible for the error).
2007-08-03 18:55:18 · answer #2 · answered by bbcpa7 2 · 2⤊ 1⤋
You may be able to get him to pay the penalties and interest, however you signed the return attesting to its accuracy and you are primarily responsible for the accuracy of the return and any taxes due.
You might be able to go after him for the penalties and interest in Small Claims Court but the amount may not be worth the hassle. The IRS does not give legal advice on whom you can or cannot sue.
2007-08-03 18:45:36 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
If any of the money is for interest and penalties, you might have a chance of getting him to pay that part, if he has any ethics. Any part that's taxes owed in the first place if it had been filed properly is yours to pay.
By law, you are responsible for the penalties and interest also, but you might be able to get him to reimburse you.
Good luck.
2007-08-03 19:47:46 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
Nope. Had he filed your taxes correctly, you would have owed the money anyway. No matter who you have prepare your income tax returns, YOU are responsible for their accuracy.
You won't get very far suing. The man can always claim that he made an honest error, or that you gave him incorrect information.
2007-08-03 18:52:49 · answer #5 · answered by acermill 7 · 2⤊ 0⤋
Yes, it is our duty to pay taxes, even if the government is going to use tax payer money for this nonsense war. Since he was a phony, you should of went to one of those tax filling places that had a better reputation. You paid for what you get. He must of been charging a low price, but thats life. What are you going to do
2007-08-03 18:29:55 · answer #6 · answered by SO_CAL 4 life 3 · 0⤊ 0⤋
No. Regardless of who fills out the forms YOU are responsible.
2007-08-03 18:33:48 · answer #7 · answered by Anonymous · 3⤊ 0⤋
1.contact the police
2. call DA's office
3. File fraud alerts
2007-08-03 18:24:31 · answer #8 · answered by Anonymous · 1⤊ 3⤋