CPA responsibility for timely filing
1997 I received a notice from IRS that they did not receive my 1992 filing. 2 year statute of limitations had expired. My CPA had directed me to file extensions for a 4 year period. I did not care because I was always due a refund and applied it to the next, upcoming year. I always paid my estimated taxes quarterly.
If I had not continued filing extensions at the request of my CPA, I would have known that IRS did not receive my filing,in a timely manner, but they did notify me that they received my payments.
The other two partners and junior partner of the CPA firm, unbeknownst to my CPA, had each told me that they would testify in a deposition that my account was handled inappropriately by my CPA, their partner.
I want to go after my CPA for the $15K the IRS says they will not refund to me because of the statute of limitations. Can I seek restitution for this amount from my CPA, plus costs , lost income and interest and damages?
1 Answer from Attorneys
Re: CPA responsibility for timely filing
I would have to know more facts and details before I could tell you whether you would be successful. For example, why are the partners willing to testify? This seems very unusual to me since it may implicate them under agency law. What role, if any, did you play in the decision to file extensions? What exactly did your CPA do that was wrong? Did he fail to mail the documents? Did he ignore notices from IRS? Did he ignore something else?
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