Legal Question in Tax Law in Kansas

My tax man messed up...

I had my taxes done last year and when he did them he forgot to add my wifes EIC to it. Now we owe $1000 plus $400 in penalties, interest etc. Is there anything that I can do?


Asked on 2/04/08, 10:25 pm

1 Answer from Attorneys

Marc Daffner Daffner & Associates, P.C.

Re: My tax man messed up...

The good news is that yes, indeed, there IS something that you can do about it!

It is possible to file an amended return (1040X), correcting the errors on the original. The more difficult part, of course, will be to get the IRS to reduce your liability and penalties and to provide a refund if you were originally eligible. However, because this was an error by a "paid preparer," you may be able to claim an exception to the penalties once you file the corrected return.

This is something that you could take care of yourself - but it's also something that you shouldn't take care of yourself unless you happen to be an attorney or a CPA due to the intricacies of the tax laws and the procedural aspect of penalty abatement and amended return submission.

Our law firm has assisted many individuals in your position over the years, and, in fact, we were recently honored by being selected "Super Lawyers," meaning that we are in the top 5% of attorneys in the administrative law area. Although we are located in Pennsylvania, our tax practice is nationwide.

If you wish to discuss this matter further, please do not hesitate to contact us or visit us on the web at www.americastaxlawyers.com or www.daffnerlaw.com.

Thank you, and take care,

-Marc D. Daffner, Esq.

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Answered on 2/06/08, 10:18 am


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