Legal Question in Tax Law in Illinois

This question is kind of hard to put in writing. Well in 2010 I purchased a home and decided not to file my own taxes, because its more complicating then it was when I didn't own a home. I decided to go to a professional tax preparer and let them do it. I brought all the paper work from the closing and everything that I had received from the mortgage company. They claimed the first time home buyers credit, because they claimed it the IRS penalized me. I didn't get the 8000 dollar credit and had to pay 1650 to the IRS. This caused me to fall behind on bills and and was a devastating blow to my family. This year I took my 2010 taxes and the same paper work to H&R block for their second look program and he tried to file them like the other agency did and he got a message stating I did not qualify for the credit and wouldn't let him go any further. I'm wondering if the agency that file my taxes did something illegal. So can I sue them for the suffering caused to me and my family because of their negligence? Thanks


Asked on 5/07/12, 2:19 pm

1 Answer from Attorneys
Virginia Prihoda Law Offices of Virginia Prihoda

There has been a great deal of fraud in the area of the first time homebuyer credit and IRS did devise procedures to reduce erroneous claims. However, it is impossible to figure out why IRS determined you were not eligible without reviewing your particular facts and circumstances. I think you need to determine why you were deemed ineligible for the credit before you calculate who is responsible for any damages for erroneously claiming the credit. The "second look" program seems to have been such an opportunity--why was your claim rejected?

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Answered on 5/07/12, 7:15 pm


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