Legal Question in Tax Law in California

What legal actions can I take if exwife will not pay half of the taxes she is re

My fianc� divorced a couple years back. His wife at the time and he sold their house, split their assets, and hired a Tax Preparer to file for that year. First issue, the Tax preparer made a mistake on their filing and the IRS found out that they owed more money then already paid. I�ve read that ultimately the tax PARYER is responsible to pay the owed amount back. However, is there any legal action to take against the preparer as far as the fee he charged? He charged $1800 to prepare their taxes. I believe since HE made the mistake, at least the fee should be reimbursed. Also, second question regarding taxes. My fianc�s Ex-wife refuses to pay half of the back taxes. The IRS is ONLY coming after my fianc�. What legal actions can he take against his wife so that she pays her half? This issue has really taken both of us for a loop since we were planning on purchasing a home together. Thanks!


Asked on 4/15/04, 11:04 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: What legal actions can I take if exwife will not pay half of the taxes she i

1. If the tax preparer had not made the mistake, he still would have charged his fee and the taxpayers would have been required to pay the tax. Therefore, he is not required to refund his fee.

He could be liable for any penalties incurred.

As far as the ex is concerned, sue her in small claims court.

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Answered on 4/15/04, 11:53 am


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