My tax preparer made a mistake on my tax return. Who's responsible?

Asked over 4 years ago - Wahpeton, ND

We had our taxes done at HR block. When they were done the preparer entered the wrong routing #. The routing # was for a bank in which my husband had a judgement agianst him. So the bank kept the $ and will not refund it. But had HR block not made that mistake, we would not be out $5200.00. What can we do?

Attorney answers (2)

  1. Brian Daniel Geno

    Contributor Level 14

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    Answered . Answered 02/17/2010: On your 1040, or any other tax return, you are responsible for the actual accurate information but if you don't correct the return, then you will be responsible for the inaccurate information. Have that accountant amend the return (1040X form) and everything should work out fine. Along with that return, you should include an explanation of the mistake. If it was your mistake (ie. you did not provide the full information) own it. If it was the accountant's error, have him say so in the amended return. If he won't own up to it, have another preparer do it and explain the mistake. The form is called a 1040X. If you have penalties now, because of the mistake, ask that they be abated. Good Luck with this.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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  2. Donald Erich Lowrey

    Contributor Level 14

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    Answered . This is an interesting puzzle. IRS direct deposits require both a routing number and an account number. It would be 1 in a trillion odds that Block made a mistake that would result in your refund being deposited into one of two accounts that you own. In otherwords, you had to have supplied the account information, otherwise the refund would have landed in someone else's account.

    As an aside, the judgment is at least partially satisfied. Isn't it better to have it paid this way than to have a judgment credit garnish your wages?

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