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What do I do about a tax preparer who has entered false information on my tax returns and wont return my calls?

Asked over 2 years ago - Union City, GA
Lawsuits Tax

I used a tax preparer for the last 3 years. She has always filed my returns electornically and never sent me copies even after I asked for them. I recently submitted an amended first time homebuyers tax credit request but the IRS has said that I have been claiming that i paid taxes for the past 3 years. I can't get my preparer to explain this and I am afraid I am running out of options.

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Attorney answers (3)

Reputation Level 14
Answered over 2 years ago. Business Attorney in Atlanta, GA.
You most likely have a claim against your preparer for breach of contract and professional duty at a minimum. Speak with a local attorney to determine your options. Of course, the IRS won't care that your preparer misfiled your returns.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
www.macgregorlyon.com
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Reputation Level 20
Answered over 2 years ago. Tax Lawyer in Costa Mesa, CA.
I will just address your tax issues. You may have a malpractice claim against your tax preparer. You can request a copy of the filed tax returns from the IRS. You can get the forms at WWW.IRS.GOV. Once you see what was filed, amend the returns to correct the errors.

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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Reputation Level 13
Answered about 2 years ago. Tax Lawyer in Las Vegas, NV.
There are a couple of approaches. If you are tax savvy, you can handle this yourself. Start by reviewing you prior 3 years of tax returns. If there is doubt about the accuracy of the returns, request a copy of the "as filed" return from the IRS.

You may be more comfortable engaging a tax attorney. Your issue does not seem to be complex: you are looking for a cogent explanation of your tax situation and a path to obtaining the first time home buyer credit. The attorney fees will probably be less than you paid your tax preparer for the 3 years of returns.

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Please keep in mind that there are many variables that could be applied to the brief facts you have given. The information offered here is general in nature and is not a legal opinion nor is it specific tax advice.
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