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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116727
Experience:  20+ Years of Employment Law Experience
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I had a trucking business, my tax preparer under filed by

Customer Question

I had a trucking business, my tax preparer under filed by 400,000.00. He wont fix it with out a waiver he wants me to sign releasing him of liability. I have tried and tried to get him to fix this. He wont without the waiver. I have taken the taxes to other accountants because to fix, they dont even want to touch it because he botched it so bad. On top of that he was compensated for the tax preparation. I really have no recourse other than legal. I need help.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Tell the preparer that you will not sign a waiver until after the matter is resolved and corrected. Tell them if they refuse to fix it, then you would have no choice but to file a complaint with the CPA board (if he is a licensed CPA) and/or file suit against him for malpractice and go to another CPA and make him liable for all of the costs involved and any damages you incurred.
Tell him you will agree to sign the waiver releasing him from liability only after he fixes the problem and not before OR you will sign a waiver stating "I waive my rights to pursue legal claims against "preparer name" upon the preparer satisfactorily rectifying any errors in the tax preparation and filing." But tell them you are not going to release anything without condition that he properly fix it. If he refuses, you need to sue him for malpractice.
Customer: replied 1 year ago.
I have basically done most of this, he is just all out lying about the situation. He wont help rectify the situation. On top of that I have requested all vital information that I need to have a different cpa file the amendment, and he wont send the information to me.
Customer: replied 1 year ago.
I filed a complaint with Accountant Association and he is not a part of that, so they can not do anything to him. I filed a complaint
with BBB which requires him to make the situation correct or refund the fee charged, and whatever he response he gave them was sufficient enough for them to not force him to do anything. Im sure whatever he said is a lie. He took care of my taxes for years, I have no clue why he is doing this. Not only did he under report revenue, but no numbers match from the reports i sent him to the taxes he filed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You then need to take him to court then, I would not sign any waiver. You have a right to refute what he told the BBB, so send them a letter and inform them the dispute is not resolved and what is going on and they will reopen the complaint.
Also, you can file a complaint to the Attorney General for unfair and deceptive practices.
Ultimately, you need to pay an accountant whatever they want to fix this and sue this guy for all of those costs and damages you incurred from his negligence.