Many people are under the impression that when someone makes a mistake preparing your tax return
, that they become respoonsible for any additional taxes that might be due. Unfortunately, that is not the case.
If a tax preparer makes an error on your return that was not attributed to incorrect information from the taxpayer, then the very most you could do would be to hold him responsible for paying any interest
or penalties that resulted from the error, but you could never hold him reponsible for the additional tax itself. The law
takes the position that you would have been responsible for this tax anyway had your return been prepared properly to begin with.
If the IRS is also adding on interest and penalties to the additional tax, then you may have a chance at recouping some or all of those expenses. Some of the major tax preparers like H&R Block offer a warranty for just that type of thing on returns they prepare
. If you used an independent contractor
, then many of those practioners do not offer such a guarantee, although some of them may do so in the interest of maintaining a good reputation.
If your tax preparer is not responding to you on this issue, you may have to seek legal help to pursue him for any interest or penalty charges which you have to pay because of this error. From the amount of your bill, it sounds as though this may qualify for a case you could file in small claims court for a relatively low fee.
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Thank you johny, and please let me know if you have more questions.