Perhaps, you should consider retaining a tax attorney to represent you in dispute with the IRS. One of your defenses in reply to the IRS audit may be a reasonable reliance on a professional advise or opinion of your CPA. If your tax debt amount is high, I would highly suggest to consult with a tax attorney.
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It depends on your specific circumstances. Why are you under audit? It may be your mistake or even a mistake on the part if the IRS . Consult a tax attorney first for representation on the audit.
In addition to the other attorneys excellent advice, you'll need to be careful of the statute of limitations (time to file suit) here. It is particularly onerous here in Ohio, where the four year statute of limitations begins when the accountant either files incorrectly or fails to file, and NOT on when the error was discovered.
To recover, you must show that the bookkeeper was negligent when preparing the return and that negligence caused you to pay more tax than you should have.
The fact that you have to pay additional tax does not in itself show negligence.
Also, it is possible that you could recover for penalties imposed, but not the actual income tax.
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