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Can I sue Apple Valley Tax for submitting my taxes with out me signing them.

Hesperia, CA |

they also pit me and my boyfriend as married and I didn't know that . .

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Attorney answers 4

Posted

Did you authorize them to e-file the return? If you authorized them to e-file, then you didn't need to also sign the return. Also, did you know that they listed you and your boyfriend as married before they filed the return, or not?

Depending on what exactly happened, and how much you were aware of what was going on, you might be able to force them to pay to have your return amended - if you're not married you cannot file as married, so your return needs to be amended to change that - as well as forcing them to pay any penalties or interest you end up owing because of their actions. You won't be able to sue them for any additional tax you end up owing because that's the "fault" of the tax code, not them.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com

Asker

Posted

I did not authorize them to e-file my taxes nor did i know that they put us as being married.

Dana Whitney Atchley

Dana Whitney Atchley

Posted

Then I would suggest talking to upper management at the firm to point out the serious errors they made and ask them to pay for amending your returns, filing them properly, and paying any additional penalties or interest you owe as a result of having to amend your returns. If they aren't willing to admit their mistakes or pay for amending your return, then I would suggest you report them to the IRS Office of Professional Responsibility; the IRS is taking a hard line on return preparers who don't do their work properly and, based just on your description, it sounds like they didn't do their work properly.

Asker

Posted

I have been trying to contact him but now they are giving me the run around. Plus me and my boyfriend did not end up doing our taxes together. his mom decided to clam him and our son as dependents with H & R block and I did my own taxes on turbo tax.

Dana Whitney Atchley

Dana Whitney Atchley

Posted

So how did you learn that this company had already filed a return for you? Was your turbotax return rejected by the IRS?

Asker

Posted

No the H & R block one was, his moms tax lady called her and told her that it was saying that he had already filled taxes

Dana Whitney Atchley

Dana Whitney Atchley

Posted

It doesn't sound like you're going to get much out of this Apple Valley Tax company. Unless the amount of additional penalties and interest is high - we're talking at least several hundred dollars - it would probably be best to file an amended return for yourself, and make sure you attach a disclosure statement on Form 8275, Disclosure Statement, explaining exactly what happened and why you're filing an amended return. However, do be prepared for the IRS to contact you to discuss the matter. Finally, if they're not going to cooperate and fix their mistakes then you should certainly report them to the IRS Office of Professional Responsibility; taxes are much too serious these days to let incompetents run around messing up peoples' returns.

Bruce Givner

Bruce Givner

Posted

Dana is correct.

Posted

That depends on exactly what happened. If you authorized an electronic filing that would be considered your signature and you are responsible for the information on your return. Unless they deliberately filed an incorrect return your only recourse might be to have them file an amended return for you? You can call for a free consultation. www.attorneysamwalker.com 714-943-2336.

Bruce Givner

Bruce Givner

Posted

Samuel is correct.

Asker

Posted

well now they are refusing to pay to correct them, they want me to pay for it

Posted

I do agree with the earlier two attorneys. But here's another practical note about suing your tax preparer. Whenever you plan to file a legal claim (lawsuit) with any court, you need to have some sort of damages. They might be "actual" damages, where you can calculate the amount of money (or some other means to "make you whole". Or they may be "statutory" damages, where the applicable law has already determined what you should be compensated, again to make you whole.

In your instance, there are no statutory damages. So you could only seek actual damages, determined by what costs have you incurred because of an unauthorized tax filing. In most cases, the only real damages you may have are the costs of legal advice, and fee for the Amended Tax Return. Those costs would be relatively small, especially if you just ask the original preparer, and he/she agrees to file the amended return for no charge.

So ... maybe you just don't need to bother suing for this.

Best to you, and please remember to indicate all "Best" or "Helpful" answers.

Attorney J Anton Collins is a featured Criminal Tax Defense Attorney on Avvo. You may contact Attorney Collins directly at jcollins@jonescollins.com, or 866-340-5055, for more specific answers. This forum is merely for open, public discussion. Discussions in this open, online forum are not intended to create an attorney-client relationship. IRS CIRCULAR 230 DISCLOSURE NOTICE: IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients. To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full “covered opinion”. Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issues, transactions or matters addressed, discussed or referenced herein based upon his, her or its particular circumstances.

Bruce Givner

Bruce Givner

Posted

Jeffrey is correct.

Posted

Just submit your own paper return as single or head of household. You say "boyfriend" as if he is your current boyfriend. I think you would be kidding yourself to think your boyfriend didn't have something to do with it. But that is who they will want to talk to after you correct your return.

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