Legal Question in Tax Law in Illinois

Type your question Do I have a case to sue a tax preparer who entered false information/deductions on my returns for the penalties and interest that accrues for re-payment to the IRS? The mileage he listed on my returns was false, I never gave him anything listing mileage (my job doesn't even entail travel). When we received the 1st letter from the IRS on this, I contacted him immediately and he had me fax over the documents I received. He said he was going to go through it and fix the problem. Needless to say, his answer to fixing the problem was NOTHING. He sat on it and advised me not to contact the IRS to schedule an appointment (as the letter stated) because we wanted it to get out of their office 1st. Unfortunately, I took the advice and knowledge of my tax preparer. This resulted in an escalated letter so I contacted him again and forwarded the documents. He then sends me an amended return with a bunch of copies of goodwill receipts. These receipts did not belong to me. I did not sign these false documents (nor did I sign the original taxes, he filed online) and that is when I contacted the IRS directly myself to get this matter resolved.

Your advice on this matter is greatly appreciated.here...


Asked on 8/26/09, 5:17 pm

1 Answer from Attorneys

Andrew Pavlinski Pavlinski & Elkins

Pleas keep in mind that you are ultimately responsible for your tax returns. But, depending on the situation you may have a malpractice or negligence claim against the preparer. It would be wise to seek legal advice from an attorney on this matter.

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Answered on 8/31/09, 8:10 pm


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