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

Asked over 1 year ago - Hesperia, CA

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

Attorney answers (4)

  1. Samuel R Walker

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . 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.

  2. Dana Whitney Atchley

    Contributor Level 19

    4

    Lawyers agree

    1

    Answered . 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... more
  3. Jeffrey Anton Collins

    Contributor Level 10

    2

    Lawyers agree

    Answered . 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... more
  4. Christopher Michael Larson

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

    Christopher Larson
    Insight Law
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