I want to sue H&R Block
4 attorney answers
You owe the taxes but H&R Block owes the interest and penalties. You can sue them in small claims court and win if you can prove your case. The plaintiff has the burden of proof.
Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Robert J. Suhajda, MS,CPA Attorney-At-Law 17721 Norwalk Blvd. #43 Artesia, CA 90701 562-924-8922 Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
First, talk to the manager at the Block office and see if they can get this situation corrected for you. If they cannot tell them that you will hire another tax professional to fix the problem and to the extent that they caused the problem you will expect them to pay for it.
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.
There is something about the way you stated the time progression that makes me wonder.
You said you married in 2009, but that "we did 2007 and 2008 single for him and then 2009 married". You make it sound as if you were "in on" the filing of the 7&8 returns. This indicates that they may have been filed in 2009 because he didn't file them before?
The limitations period on a "normal" (no fraud return) is 3 years from filing or due date whichever is later.
If by 2007 you mean the 2007 tax year, that closed on 12/31/2007 and the date for filing the return was 4/15/2008 (assuming 4/15/2008 wasn't a holiday, saturday or sunday). Adding 3 years to this the tax year 2007 doesn't close until April 15, 2011 (2008 +3 = 2011).
But if the 07 and 08 and 09 returns were filed together in 2010, the limitation period may not have much started to run and a 1040X may be able to be prepared and filed.
If by 2007 you meant the 2006 tax year, if it was filed on time 4/15/2007 then that one may be closed.
But there is something about your language, the "we" that leads me to ask whether the returns were filed simultaneously and late.
Thus, it MAY BE that you can call Block NOW and ask them to correct the filings BEFORE 4/15/2011 with 1040 X's. If its possible, you need to ask now, or that "curability right" may be gone.
I can't tell what you mean by "did 2007 and 2008".
In any event, I have opened some interpretation potential on your answers and maybe this will help. If you have a chance, make some indication just for my interest.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
H&R Block has a written guarantee that sets out what they will do if they make a mistake preparing your return. That guarantee is attached to every single return they prepare. In most states, the written guarantee is the only right you have. So rather than rant about suing them, you might be better off to see if their guarantee will help you or not.
While I appreciate the fact that you are upset that a mistake was made, you need to appreciate that litigation can be very expensive and time consuming. If you can't work things out, then you may wish to retain an attorney to represent you on this matter.
At one time a million years ago, I worked for H&R Block in their Kansas City office. Terrible place to work, but great donuts!
Hope this perspective helps.