Legal Question in Tax Law in California

My wife took our 2010 tax documents last February to Actors Tax Prep. All documents were in a large envelope and she gave it to the person that has been doing our returns the last 3 years.

I reviewed the tax return when we received our copies (he e-filed). I found out that one document is for the 2011 year (wife received a retirement lump sum from her employer this year, 2011). The tax guy included this amount on our 2010 return and came up with us owing $11,000 for both 540 & 1040.

The tax man did a revision to reflect the correct figures. He is now asking for an additional $50 fee because he had to re-do the taxes. I'm not sure if it was our fault for leaving the 2011 document in the envelope. But isn't he suppose to review all documents presented to him? To avoid confrontation, we paid the additional fee but I don't feel we should owe him this money.

If I'm entitled to get the fee back, I don't know how get him to pay. If you say it is our fault, then I will leave it at that.

Thank you.


Asked on 5/27/11, 1:03 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You were negligent in including the wrong paperwork but the tax preparer is supposed to review all documents to see that they are correct. When he saw that you owed much more than you had in prior years, he should have realized there might be something wrong. He should have caught your error and not charged you anything to correct his error. You should complain to his boss.

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Answered on 5/28/11, 7:43 pm


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