Anyone can sue for anything, but whether you have a valid claim is a different question. Your post indicates you might have a breach of contract claim. However, the more important question is how much are your damages and is it worth time and money? Even a small claims case you handle yourself requires several hours of your time, a filing fee, and even then how are you going to collect a judgment? A larger claim (more than $15,000) is even more time,over a year or more, and money, and several thousand in legal fees and expense.
It sounds like you have a case. You may want to consult with an attorney to see if you are entitled to more than just a refund. Did you loose business or hours? Did the replacement software cost more?
You want to sue for what loss? Have you lost work income or incurred fines? If so, then yes you could sue provided your purchase contract doesn't specifically exclude this circumstance. Generally speaking, some software licenses do exclude a variety of circumstances. You definitely need an attorney to review the matter.
The legal information presented at this site is for informational purposes only and should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Your receipt of the information on this website is not intended to create, and receipt does not constitute, a contract for representation by A. Izaak Bozof, Esq. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. This posting is not intended to solicit clients outside the states of Maryland, Connecticut or the District of Columbia, except where the issue is a Federal tax matter (Member: United States Tax Court Bar).
If they failed to deliver working software suitable for your use, and, as my fellow lawyers have pointed out, you actually sustained damages, then you might be able to. However I would like to point out that the IRS efle portal itself was not accepting returns during much of the time frame you were talking about. If you return contained any but the most basic forms, the IRS efiling portal wasn't even open to you until last weekend, so no matter what, their software couldn't allow you to upload a return. Most tax prep software wasn't working until late January anyway as the IRS hadn't finished processing code or approving forms for 2012 filings. As to getting a refund, read the Terms of Service you agreed to when you bought the software. Likely it will specify the limit of their liablity and what you need to do to cancel the software license. Finally, you will also need to sue them where their office is located, not where you are located. I think you will find it to be cost prohibitive to sue them for a refund, so you might wish to avail yourself of other means, such as a complaint to a Better Business Bureau.