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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15606
Experience:  15years with H & R Block. Divisional leader, Instructor
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Ive been having major issues with my accountant this year.

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I've been having major issues with my accountant this year. She has had my information since February. I contacted her a few days before April 15th as I hadn't heard from or received my return from her and was told yes, they have been filed and I would be getting a refund. Which in itself, I was not too happy about as I had no chance to review them. Fast forward to this month. I was out of the country until the end of June and when I got home, still no return or refund. I contacted my accountant who said she would get my returns to me in the mail and also send me a pdf copy. Waited a week and nothing. Contacted her again and was told the same. Waited another week and still nothing. I contacted the IRS and my state and was told nothing had been filed. Contacted my accountant and she said she would get in touch with the tax software company. I asked for a proof of delivery along with my returns, waited another week and still nothing. Finally I received my returns in the mail yesterday (they had only been mailed 2 days previous) yet no proof of delivery to the IRS. I found many mistakes on my federal and left her a message immediately. This morning I discovered my refund from the state has been deposited. This has me very worried as now I'll have to file an amended return due to the mistakes on the federal. Which I still don't know if that one has been filed or not. What legal action can I take against this accountant? Enclosed in my returns are Forms 8879 which gives her signature authorization and I have not signed them.

Robin D :

Hello and thank you for using Just Answer,
Forst the Form 8879 is the E-file document. It is not sent to the IRS (unless they request a copy) and does not give the tax preparer any signature authority over your return.
As you must prepare an amended return you will need to wait as least until you know the original was accepted. The state can wait until you get the word on the federal.
You can start checking on the status of your tax return w 4 weeks after you mail a paper return. If the return was e-filed (and that can be done till Oct 15th) you can check 24 hours later.

Robin D :

I would suspect that he returns were e-filed if the state refund was already processed.

Robin D :

You can check here Where’s My Refund?

Robin D :

That is teh IRS page for checking on the refund.

Robin D :

As soon as the federal processes you can amend both returns.

Robin D :

The state normally is "piggy backed" on the federal e-filing so that is why I think both were e-filed.

Robin D :

What legal action can I take against this accountant? You should certainly have the company make the corrections.

Customer:

i was under the assumption that I had to sign form 8879 to give her permission to efile. I have not signed it yet she filed it anyway.

Robin D :

The Form 8879 is used for your electronic signature

Robin D :

And you should have signed the form.

Robin D :

The actions on her part were not correct as you have stated them.

Customer:

So is there any legal action I can take?

Robin D :

Yes, you can take action against her for any additional tax or penalties and interest that you may have due to the situation.

Robin D :

You can also report teh actions to the IRS.

Robin D :

the* sorry

Customer:

any idea on how to report the actions to the IRS?

Robin D :

Yes, first get your return situation completed then you would contact the CPA association (if they are a CPA)

Customer:

cpa and a jd

Robin D :

Let me get you the contact info for the IRS on reporting suspect tax preparers, one sec

Robin D :

To report suspected misconduct by your tax return preparer. Use Form 14157. Submit to the address on the Form
14157.

Robin D :

If the information submitted was not what you were advised, or your paid preparer filed a return or made changes to your return without your authorization. Instead, use Form 14157


AND Form 14157-A. Submit both to the address on the Form 14157-A.

Customer:

ok, thanks. the other thing is she had left her company yet the 8879 still as her old company's name on it.

Robin D :

The company is the one to correct all this for you.

Robin D :

They have an obligation to complete the 1040X

Customer:

she's not with them anymore

Robin D :

She worked there when the return was completed

Customer:

no, not as far as I know

Customer:

actually definitely not

Customer:

she informed me of that in april when I called to find out what was going on

Robin D :

Well, you would want to get the returns corrected. You can do it yourself or go somewhere else

Robin D :

If the company name is XXXXX XXXXX return then they are responsible

Robin D :

for correcting

Customer:

i'm just worried as there is over a 10,000 refund due according to this and I have never gotten that much back! I'm worried about being red flagged!

Robin D :

That in it self would not flag

Robin D :

You still will have to wait til the IRS processes to amend

Customer:

her name is XXXXX XXXXX return not the company. The company and her name is XXXXX XXXXX 8879

Robin D :

I would contact the company anyway. They would want to make it right if they are reputable.

Customer:

ok, thank you

Robin D :

You are most welcome

Robin D :

Your positive rating is always thanks enough.

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