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Ask D Downs-Vollbracht Your Own Question
D Downs-Vollbracht
D Downs-Vollbracht, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 19
Experience:  Partner - Downs-Vollbracht & Brown. PLLC
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I worked with an accountant to correct all taxes and pay

Customer Question

I worked with an accountant to correct all taxes and pay fines etc for my business. He said it was done. A year and a half later I got an notice about my business being at risk if not past fines etc not paid. sent notice to accountant. he forgot to handle it for 6 months, unbeknownst to me. Finally did . He then said we had to wait for response form AG office to correct inaccuracies in accounting and reduce amount requested by AG. No answer to our inquiries for three more months. Told him store needed to close. He then finally said he is "working with lawyers in AG office." still waiting. Finally told us it was a big conflict and we needed to complete big packet on investments etc. Store was passed on to someone who kept tax id. Store broken into and found out insurance had been cancelled due to liens!!!! we then found out there were 25 liens! dating back years. I paid it all off and made sure everything taken care of. when confronting accountant he said he never uses escrow accounts, which I had suggested, and instead if liens were pending he would tell his clients to pay off tax fines and THEN keep fighting to get back money. he did none of that. can we take him to small claims court and get full money covered (approximately 21,000)
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  D Downs-Vollbracht replied 11 months ago.
If this accountant is a CPA or IRS Tax Preparer w ID, you might consider sending him a letter demanding contact information regarding his professional liability insurance carrier and policy. If he has one as he should you can file a claim against his malpractice insurance. However, based on your description of his work it is possible he just didn't bother. You can also pursue a complaint with his state regulatory board for accountants, bookkeepers and tax preparers. The effect of such a claim varies by state, but in some states there may be compensation. Additionally, he may be compelled to seek additional training, counseling or be suspended and forced to accept responsibility for the damage he caused clients like you who detrimentally relied on his professional advice. You may even consider speaking with law enforcement about a possible fraud complaint. The IRS can regulate his ability to perform work for other clients and they may reconsider your liens (although that can potentially open your books up and you may not want the risk) should their investigation show he was negligent or duplicitous in his representations to you and to the government. I hope you are able to recover some or all of your damages from him or his insurance carrier.
Expert:  D Downs-Vollbracht replied 11 months ago.
Just checking in to make sure your question was answered and you know you now ha a a way to possibly recover some of your damages. If you need further information, please do not hesitate to ask.