i just got audited by the IRS cause my tax guy did stuff that i never asked him to do like, me going to school, donating money & stuff to goodwill, and work clothes, stuff like that. anyway, can i sue my tax guy for getting me audited? and what kind of lawyer should i use?
2007-09-29 11:49:08 · 6 answers · asked by jose c 2 in Business & Finance ➔ Taxes ➔ United States
Get a tax attorney, and if the IRS wants to talk to you, demand a lawyer and insist that you will ONLY speak through this lawyer. And subpoena the tax guy.
2007-09-29 11:58:45 · answer #1 · answered by dumboe8899 3 · 0⤊ 2⤋
Sorry, but YOU signed the return and YOU are solely and exclusively responsible for the accuracy of your return. You should have questioned what the preparer did BEFORE you signed the return or transmittal documents.
There is little chance of a successful suit. At best you might be able to recover the penalties assessed by the IRS. The tax is absolutely your responsibility -- you would have owed it anyway -- and there is little chance that you'd get the interest out of him as you had the use of the money that you were not entitled to.
2007-09-29 19:59:39 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
There is no free legal representation available for you to sue your tax guy. You might be able to retain an attorney to sue him, but your legal fees may be more than it is worth, and you don't stand much of a chance to recover anything.
You cannot recover taxes that you owe from your tax preparer. What would you recover from him? You can't sue him because you were audited, the IRS will audit anyone they want.
If you took him to court, he will testify that you told him to make these deductions, and you signed the return saying that under penalty of perjury everything on the return was accurate.
2007-09-29 20:13:20 · answer #3 · answered by ninasgramma 7 · 0⤊ 0⤋
The point of an audit is to determine your correct tax. You have an obligation to pay that. You also have an obligation to look at the completed return and be confident that it is correct. If it had false entries and you knew it, you share the responsibility. If it had false entries that you didn't know about and you have incurred penalties as a result, you may have a grounds for a suit. H&R Block (who I have never worked for) has a warranty that if IRS assesses additional tax and penalties as a result of an error it makes, it will pay the penalties and interest. To me this seems fair: You pay what you owe, the preparer pays for his mistakes.
2007-09-29 19:01:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Uh, did you read the return before you signed it? You are the one who is responsible for what's filed.
But tell the auditor what happened - they are very interested in sleazy tax preparers who do things like this.
2007-09-30 22:28:30 · answer #5 · answered by Judy 7 · 0⤊ 0⤋
Did the account sign your tax return? If so he is responsible. If not, i am sorry, but you have to pay the fines. Never go to a cpa that signs it self prepared!!
2007-09-29 18:59:21 · answer #6 · answered by Rock_N_Roll_Chicky 5 · 0⤊ 2⤋