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Tax Preparation company filed my taxes without my consent.

Homestead, FL |
Filed under: Tax law

I tried to file my taxes with a company in Feb. and it came back rejected. Due to someone claiming my child, I was told by them that I can file by paper so I did. I told the company at that time to not refile my taxes and they agreed upon not resending. Anyway, after I filed my taxes via paper the company filed my taxes again without my consent right before the IRS deadline without my knowledge. Now I have two filings with the IRS. Can I sue these people? Is this fraud??

Attorney Answers 3


The first thing you need to do is get things right with the IRS. Make sure that the filing they currently have on record is the return that you filed. If you were not charged penalties or interest in this matter I am not sure what your damages would be in a lawsuit. If this company is licensed - they are CPA's or enrolled agents - you can report them to the agency that licenses them.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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It's probably not tax fraud; most likely just sloppy work. If you wind up with any penalties before you consider suing you should talk to them, and ask them to pay your out of pocket expenses in fixing the problem.

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The IRS can issue penalties to tax preparers who are negligent and/or fraudulent. I think you have a case for negligence here. Try talking to them first to see if they will reimburse you for any money lost.

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