HelloCustomer Thank you for coming to Just Answer and allowing us to help with your tax problem. I am very sorry to hear that you are having difficulties with your previous and current tax preparers. If I am correctly reading your question, H&R Block was responsible for the error on your 2006 return. There is a 3 year period in which the IRS will return money to taxpayers if the original return is amended. You will have to have the 2006 taxes amended and sent to the IRS before april 15, 2010 or the IRS will never pay you the money that you are owed under any circumstances. If it is at all possible, you need to go back to the H&R Office that performed the incorrect return and have them correct their mistake by correctly preparing the amended return at no cost to you. If the mistake was clearly theirs, they should give you a fight about it. If the mistake was clearly theirs and they won't help you, demand to know the location and phone number of their district office and the name of the district manager. The district manager should fix the problems.
If H&R Block didn't start the problem or it can't be proven to clearly be the result of their mistake, then your situation is trickier. H&R Block will amend the return for you, but you will have to pay them to correct it. Depending on the type of poblem, they will charge from about $50 t0 $100. If you don't want to work with them at all ever again, then you go to the office where your return was prepared and you demand that they give all of your paperwork back to you. Then, you take the paperwork to another preparer and have them prepare the amended return.
If either of the tax preparers continue to claim that they mailed all of your paperwork to you and that they didn't keep anything, they're not telling you the truth. A tax preparer is required by law to keep the tax forms they fill out, a copy of your w-2(s), and a copy of any 1099 forms you receive. These are the minimum paperwork a preparer needs to fix the return needed amended. A lot of items can be gotten of the internet. If you can't get your W-2s, either the IRS has a copy or the state has a copy of your earnings and withholdings, so at worst go to the Social Security office, the IRS office, and the state bureau of employment and request an earnings statement for 2006.
For your 2008 return, basically follow the same routine listed above, try and make them print off another copy of your tax return (it is on their computer) and give it to you. If no return was filed, your tax preparer should offer to fix the problem for you. If they don't, demand that they print enough copies of the return to send to all of your taxing authorities (federal, state?, Local? and one for you). Then you just mail in the 2008 return yourself to the various agencies. Your state tax office might be able to help you a lot with that.
Also, you should look around your house for your 2006 papers. Most of the national tax preparation companies will give the client a folder with copies of everything needed for the return in the folder. If you can find the folders, you'll be a much better position.
It's up to you whether you want to sue the preparer in small claims court. It sounds like they messed up enough that you have a chance on winning a settlement. However fixing your 2006 taxes should be your first priority. The IRS will be adding interest and penalties to your tax bill every day. You also probably need to charm the companies into giving them the papers you need (hopefully) and you can't charm them when your suing them.
I hope these suggestions help. Please let me know if you would like me to provide any
additional information or if I keep to clarify a point for you. Thank you