Legal Question in Consumer Law in California

Negligent tax preparer or consumer

We are being audited for large sum of money by IRS for taxes owed in '03. According to IRS, tax preparer did not include 10% penalty for early 401K withdrawal. Tax preparer claims it was claimed on my tax return. filed for hearing w/ irs to resolve, tax preparer was a no show. IRS has showed me where it would appear if it was filed and my return did not show 10% penalty being added to tax return. I now can't get a return call from tax preparer. Do I have any legal recourse? Tax preparer is a licensed tax preparer and financial services provider.


Asked on 9/07/06, 4:24 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Negligent tax preparer or consumer

Of course, you ultimately are responsible for your own tax returns. However, the licensed tax preparer and the company for which he works should make good on such errors. You might go above his head to company executives and explain the problem. Usually, big companies have guarantees of sorts. Depending on the amount in question, it might be worth pursuing in court if you can't resolve it informally with the preparer's company.

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Answered on 9/07/06, 9:18 pm


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