Can I sue somebody for doing my taxes and now I owe the irs a lot of money?
3 attorney answers
Probably not, as your economic damages are really limited to any underpayment penalties that IRS is charging you as a result of this mistake. However, because you relied on a professional to prepare your taxes, you should be able to get IRS to waive the underpayment penalties on the amount that you owe.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by your own attorney or licensed tax professional.
Was the tax preparer negligent? Did they make errors that cost you interest and penalties? If so, you may have a case for negligence/malpractice.
But if your tax return was prepared correctly and you owe money as a result, that's not your tax preparer's fault.
See a CPA for another opinion, or even better, see a tax lawyer.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments.
In your situation, I'd suggest to have a second opinion from another accountant first. Depending on when tax return was filed, you may be able to amend it to correct any mistakes. You may go after your CPA but your IRS debt would continue to accumulate. When negotiating with the IRS, your reliance on your CPA's advice and representation could help you to reduce your tax debt. I suggest hiring an experienced tax attorney to represent you in the IRS dispute.
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