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Richard
Richard, Tax Attorney
Category: Tax
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Experience:  29 years of experience as a tax, real estate, and business attorney.
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If an accountant in makes a tax mistake, and admits it, is

Customer Question

If an accountant in Virginia makes a tax mistake, and admits it, is he at all responsible for the $overdue payment?
Submitted: 1 year ago.
Category: Tax
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

In general, if this was simple negligence, which is the unintentional act involving as breach of duty of care that results in you being damaged, then you would only be entitled to your actual damages. Your actual damages would be the interest and penalties incurred due to the mistake, but not the actual taxes because you would have owed those anyway had the return been prepared correctly. But, if you can show gross negligence....the failure to exercise even the slightest amount of care.....then you would be able to recover punitive damages as well, which would cover the taxes. Even if gross negligence is not present, it could be that you could persuade the accountant to pay for some of the taxes to avoid you making a formal complaint with the AICPA in connection with the CPA's negligence.

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