Legal Question in Securities Law in California
My tax preparer informed me that there is a $40,000 discrepancy, a shortage, in the amount Wachvia Securities stated my account was opened with compared to the amount of money I received according to the IRS.
I have emailed the Wachovia financial adviser about this shortage several times and he has failed to respond to my queries. What can be done?
2 Answers from Attorneys
I would use the telephone, or go see someone at Wachovia in person. Maybe you should take your tax preparer with you.
My hunch is that it's 80% likely there's a simple misunderstanding involved here, e.g., per your instructions some of the money deposited with Wachovia went into a fund or account that reports separately, perhaps under a different name. Another 19% of the possibility is that either Wachovia, the IRS, the accountant or you have made a mistake in accounting practices, arithmetic, data processing or something, causing incomplete or incorrect records. The other 1% and let's hope the reason doesn't lie here, is that someone has embezzled your $40,000.
So, misunderstanding, mistake, or mischief, $40,000 is a lot of money and I would (a) not place any blame on anyone yet, but (b) lean very hard on Wachovia, the accountant and the IRS to get some answers and explanations ASAP.
You have already posted this question but you did not provide me with the documentation by which your tax preparer says this. What is his basis? I would need to see documentation with which to approach wachovia. You need to prove things n the law.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
Related Questions & Answers
-
I received 1 share of Apple Comp stock certificate from my mom that states"JANE... Asked 7/07/10, 12:38 pm in United States California Securities Law