led with a company who apparently according to the people in the office i went to they had their software for 2013 wrong and i filed before they fixed it, resulting in letters from IRS for missing info, that is actually on my copy of return paperwork from the company. Now I have to do the paperwork shuffle and wait 4-6 weeks for my return, which i filed on 1/28. Also i opted out of company arbitration agreement which all in all basically stated that if they screw up i cant do anything
I agree with Ms. Sykes. To augment her response, they may be liable for their mistakes depending on what the contract provides. However, you generally must be able to prove damages in order to prevail in a lawsuit. In most situations, waiting a few weeks for your refund will not give rise to damages that are sufficient to justify bringing a case to trial. I don't know what you stand to lose by waiting 4-6 weeks for your refund, but in Jefferson County, WA, a case must be worth more than $5,000 just to make it out of Small Claims Court.
You may be referring to the IRS delaying sending the refund for taxpayers with the Earned Income Tax Credit. This year, the IRS is requiring tax preparers to gather some information about qualifying taxpayers to document that the tax preparers discussed with the taxpayers about the EITC.
One major tax software company failed to write its software to meet the requirements of the IRS. Tax preparers using the software did not get any message that information was missing as the software would indicate that the affected return complied with the IRS's requirements.
Due to the late start of the tax filing season because of the late passage of tax laws, there was not enough time for the software companies or the IRS to fully test out the software. The error was discovered within a few days after the IRS started to accept efiling of tax returns. The software company fixed the error when it was discovered.
I doubt that any one promised you that you would get your tax refund within a particular time.
Your return was likely properly prepared and you would eventually get your refund.
The IRS always has the right to request supporting documentation for you to show that you are eligible for the credits you are claiming.
You can review the specific facts with your attorney to find out if you have any legal options. Since you will get your refund, I doubt that taking any legal action against the tax preparer would be fruitful for you.