Legal Question in Tax Law in California

can i collect from an individual who was supposed to do my taxes

I used to work with a person who has since been fired, but when our W-2's

came out she told me that her uncle did taxes and could do mine. I agreed

and gave her my W-2 and my information for direct deposit. She had told me

that she did it and that she needed to give me my paperwork, however she

said it was done a long time ago and has ceased answering my calls and has

flaked at least five times to meet me. Is there anyway that, in the event I

don't receive my tax return, I may collect money from her or her uncle

considering the girl and I had an oral agreement?


Asked on 5/16/06, 11:03 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: can i collect from an individual who was supposed to do my taxes

you can request duplicates of your w-2s and 1099s from your employer or other issuers and prepare your tax return based on those copies.

if your friend and her uncle have filed a tax return illegally and taken any tax refund to which you are entitled, you will need to report this to the police and to:

http://www.ctec.org/files/policy_tp11.pdf

you could also file a civil complaint for fraud, depending upon the amount of money at stake and whether or not a judgment could be collected.

to prevent fraud and identity theft it is not advisable to give your bank information to anyone other than a recognized company with which you are doing business.

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Answered on 5/21/06, 12:08 pm


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