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davidhken, Tax Answer Team
Category: Tax
Satisfied Customers: 27689
Experience:  Tax Expert
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Who will get penalized if taxes are. Done wrong by P.O.A and

Customer Question

Who will get penalized if taxes are. Done wrong by P.O.A and tax man? A 93 year old has a farm and is in Nursing Home and POA is missusing Funds. I have taken POA to court and he lost his POA
Submitted: 5 years ago.
Category: Tax
Expert:  davidhken replied 5 years ago.
Dear Customer - If you are talking about who has to pay the additional tax it would be the taxpayer if the taxes were owed but the tax returns were prepared incorrectly. The taxpayer can sue both the POA and the tax preparer for any excess penalties caused by their negligence since that would not be money that would have to have been paid had it not been for the incorrect preparation of the returns. If there was intentional criminal activity then whoever committed the crime could also be charged in criminal court. The taxpayer would still be liable to the government for any taxes owed since those would have been owed if everything had been prepared correctly in the first place.