Tax

Have a Tax Question? Ask a Tax Expert

Ask an Expert,
Get an Answer ASAP!

Tax

Hewitt prepared my taxes in 2011. I moved from NC to FL that…

Customer Question
Jackson Hewitt prepared my taxes...
Jackson Hewitt prepared my taxes in 2011. I moved from NC to FL that year with income from both states. They did not file my NC state return. I have 6 years of penalties because the letters NCDOR sent to my old NC address were never forwared to me in FL because USPS doesn't forward IRS or State DOR mail. Jackson Hewitt says the prepared must have told me that I needed to file a NC return but I must have declined because I owed them money. They don't have notes to that effect but say that they have notes saying I owed them NC money. The prepared is now retired, but before he retired, he told me verbally that he had not notes but that must have been the case. That did not happen, there is no reason that I would not have filed a NC return if that's what I was advised to do. Jackson Hewitt says they are not responsible.
Submitted: 8 months ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 3 minutes by:
5/31/2017
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago
Mark Taylor
Mark Taylor, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 2,395
Experience: Certified Public Accountant
Verified

Hi, my name is Mark. I will be happy to help you with your questions. I am sorry to hear about your situation. Do you have a copy of the 2011 return?

Ask Your Own Tax Question
Customer reply replied 8 months ago
but not an electronic version
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

Does your copy contain a letter or invoice regarding the services that they would provide.

Ask Your Own Tax Question
Customer reply replied 8 months ago
they are saying they must have had a conversation with me telling me that I should file a nc return and that I must have declined. I'm saying they didn't. the only thing they say they have is a note in my file saying I owe NC.
Customer reply replied 8 months ago
the letter says that they filled my federal return and I'm automatcally covered and will be reimbursed for mistakes and penalties
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

I understand. It would be difficult to prove what was said 5 years ago. Does the copy of the 2011 return contain the North Caroline return? How much is owed to North Carolina? How much is interest and penalties?

Ask Your Own Tax Question
Customer reply replied 8 months ago
the initial return does not contain the NC return. NC finally reached my through my bank in 2016 and then JH filled an amended return
Customer reply replied 8 months ago
I owe NC about $4,000
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

It is going to be difficult to prove that JH failed to file the NC return. If you have a copy of the return, or an invoice that you paid for the service then you would have a stronger position.

Ask Your Own Tax Question
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

I imagine about $1,500 of this is interest and penalties.

Ask Your Own Tax Question
Customer reply replied 8 months ago
you are correct. they admit to not filling the return, but the reason they give is that I must have declined to file because I owed money. That is not true and they, nor I have proof.
Customer reply replied 8 months ago
I did pay to have my return done
Customer reply replied 8 months ago
in none of my documentation from the original return does it mention filling a nc retuen
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

Did you pay to have the North Carolina return prepared? Is their invoice itemized?

Ask Your Own Tax Question
Customer reply replied 8 months ago
return
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

You can still file a return even if you owe money (and do not pay). You would file a return to prevent a late file penalty.

Ask Your Own Tax Question
Customer reply replied 8 months ago
no, it is not itemized, it simply says tax prep fee.
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

Is there anything in what they provided that references a NC return.

Ask Your Own Tax Question
Customer reply replied 8 months ago
I said earlier, when NC did contact me, i went back to JH and they filled an amended return. I just didn't pay any of the penalties. I've been making payment on the penalties
Customer reply replied 8 months ago
there is no mention in any of my docs about a NC return
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

It sounds like NC prepared a return for you and then you had JH prepare an amended return. I am sorry but I am not seeing a strong position in holding JH responsible for the late filed return.

Ask Your Own Tax Question
Customer reply replied 8 months ago
you still there Mark?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

Yes, I am still here.

Ask Your Own Tax Question
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

The only other avenue is what you paid for tax preparation consistent for filing a federal and state return?

Ask Your Own Tax Question
Customer reply replied 8 months ago
but they didn't file the original return and that caused all the penalties and late fees. They don't show any documentation that they suggested and I denied filling a nc return. They did not suggest it.
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

I do not see what you can prove to show that they failed to file the original return? It does not make sense why they would not file it if you owed money.

Ask Your Own Tax Question
Customer reply replied 8 months ago
the same guy did my return for several years upon returning. If 2011 is much higher than the others years with just a FL return that would benefit my case... correct?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

Yes, that would demonstrate the JH did extra work associated with the North Carolina return.

Ask Your Own Tax Question
Customer reply replied 8 months ago
ok, I have 5 years of return by this same guy who's now retired. You think that's my only shot?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

I think that is your best shot. It would have been ideal if you had a detailed invoice.

Ask Your Own Tax Question
Customer reply replied 8 months ago
they don't provide detail invoice. last question, it i do find difference in that years bill vs other years. how do I take legal action? They have told me they are done with me and not responsible
Customer reply replied 8 months ago
Mark?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

If there is a difference, it would be reasonable to assume that the NC return was the cause for the additional fees. Assuming that your tax situation has not changed over the years. You could hire an attorney to pursue action but at the hopes of only gaining potentially $1500. It may not be the risk of attorney fees. One approach you could take is write a letter to the attorney general of the state explaining the situation. You would want to CC the JH office as well as the corporate office. That would be a cheaper option.

Ask Your Own Tax Question
Customer reply replied 8 months ago
I just found the total penalties, it's $2,058. that's what I'm looking to re-coop. would a lawyer like yourself handle this for a few hundred bucks? and if so and I find a major diff in their fees would it be worth pursuing?
Customer reply replied 8 months ago
hold on please
Customer reply replied 8 months ago
2011 fees $433
2012 $332
2013 312
Customer reply replied 8 months ago
2013 $312 in fees
Customer reply replied 8 months ago
is small claims court a real thing and can I represent myself?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 8 months ago

I am not an attorney. Let me opt out and allow you to get another opinion. I think most attorneys would charge a retainer in the $1,000 range. Good luck with everything.

Yes, you could represent yourself in small claims. Another option would be have an attorney prepare a letter. This would be less than suing the JH.

Ask Your Own Tax Question
Customer reply replied 8 months ago
thanks bye
Tax Professional: Matthew Breecher, Certified Public Accountant (CPA) replied 8 months ago
Matthew Breecher
Matthew Breecher, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 287
Experience: Director
Verified

Why don't you just start by asking for the fees to be abated? File the form, send the documentation you have with Jackson Hewitt and see what happens.

...

Frankly, you could represent yourself and sue them in small claims court. However, they would probably come back arguing that the statue of limitations expired as you have a breach of contract claim and Florida statute is 4 years. Assuming the work was done in 2012, statute ran out in 2016. Although, they might not even respond for such a small amount and you might get a default judgment if they fail to respond.

Ask Your Own Tax Question
Customer reply replied 8 months ago
Thanks for your response Matthew . Are you saying ask the state of North Carolina to have the visa bated ?
Tax Professional: Matthew Breecher, Certified Public Accountant (CPA) replied 8 months ago

North Carolina does allow for automatic waivers and a one-time waiver for most people if they can demonstrate cause.

...

http://www.dor.state.nc.us/practitioner/waiverpolicy.pdf

Ask Your Own Tax Question
Was this answer helpful?
Ask Matthew Breecher Your Own Question
Matthew Breecher
Matthew Breecher
Matthew Breecher, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 287
287 Satisfied Customers
Experience: Director

Matthew Breecher is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,312 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,362 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

14,120 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,652 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

R. Klein, EA

R. Klein, EA

Enrolled Agent

1,839 satisfied customers

Over 20 Years experience

< Previous | Next >

Related Tax Questions
I'm preparing to file my NYS tax forms. I purchased
I'm preparing to file my NYS tax forms. I purchased Invisalign dental aligners for over $1000 in 2017. I was charged a single amount. Do I owe sales and use tax? … read more
PDtax
PDtax
Owner
Master\u0027s Degree
1 satisfied customers
I am preparing the form 8949, to report the estate's
I am preparing the form 8949, to report the estate's fractional share of a real estate sale. I have some questions regarding the preparation of the form.1. Part ii, 1(b) asks for the date acquired - i… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
My parents died in 2017 and now I am preparing to file their
My parents died in 2017 and now I am preparing to file their final Federal and State (KS) income taxes (both will be refunds). There is nothing left in their estate besides these tax refunds (no real … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
My colleague is preparing her tax return. In 2017 she drove
Hi. My colleague is preparing her tax return. In 2017 she drove 11,000 miles. Approximately 8000 of those miles were for business defined as W-2 business and 1099 business. She is going to be filing a… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
1,336 satisfied customers
Lev, I am preparing an S corporate tax return, and there is
Good morning Lev, I am preparing an S corporate tax return, and there is a 1099-K issued form American Express to the corporation that has backup tax withholding both from Federal and California. The … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I need to get a copy of my Federal and State tax forms filed
I need to get a copy of my Federal and State tax forms filed for the years 2009 and 2011. My SS####-##-#### Jerome Cohen, Hm Phone(###) ###-#### Hope you assist me with my request … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Regarding filing amended returns, the year we're amending is
Regarding filing amended returns, the year we're amending is within the 3-year SOL but the reciprocal year to correct the mistake in Accrued Income is outside the SOL and will be a Tax Due situation. … read more
Dr. Fiona Chen
Dr. Fiona Chen
President
Ph.D.
736 satisfied customers
Are you the one I need to answer a tax return preparation
Are you the one I need to answer a tax return preparation question? If so, then I will go ahead with question and deposit. Thanks. … read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,077 satisfied customers
In preparing my current tax return, tax act.com provided me
in preparing my current tax return, tax act.com provided me with a report titled "shareholder basis summary report" in conjunction with my K-1...it has a loss carryover amount for "total stock net adj… read more
Dr. Fiona Chen
Dr. Fiona Chen
President
Ph.D.
736 satisfied customers
I am doing an amended return for a couple that are now
I am doing an amended return for a couple that are now divorced. They both paid their share of the liability based on their portion of income. The amended return was done because income and expenses w… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
A CPA prepared a filed a personal return last april. There
A CPA prepared a filed a personal return last april. There was a NYS and NYC refund due. The check never was received. The CPA is not helping procure a replacement check, whom should the person call o… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I would like to open a business:to prepare tax returns for
Hello! I would like to open a business:to prepare tax returns for non resident,more exactly for students who come on a J1 -Visa ("Summer Work and travel" programme=where they work for aprox 3 months i… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Is there a form to file with the IRS for tax periods that
Is there a form to file with the IRS for tax periods that have ran past the statute of limitations from the date of assessment … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I am preparing 6 years of tax returns, I have an IRS Notice
I am preparing 6 years of tax returns, I have an IRS Notice 2014-7 that states that states "IHSS wages received by IHSS providers who live in the same home with the recipient of those services are als… read more
PDtax
PDtax
Owner
Master\u0027s Degree
1 satisfied customers
I used to work for Hewitt as a tax preparer and figured
I used to work for Jackson Hewitt as a tax preparer and figured while I carried a simple insurance for "error and omissions" they had a larger umbrella insurance to cover me for larger million dollar … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I am preparing a form 8802 for an LLC that will be filing as
Good morning. I am preparing a form 8802 for an LLC that will be filing as a Partnership on Form 1065. For 2016 this entity was a Single Member LLC and two Partners were admitted October 1, 2017. … read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,077 satisfied customers
Impact of tax changes on filing amended returns... Client
Impact of tax changes on filing amended returns... Client filed a 2016 tax return on time in 2017. If the tax laws change significantly, which laws apply when amended returns are filed... the tax laws… read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,077 satisfied customers
Lev, I am preparing federal unfiled tax returns for a client
Good morning Lev, I am preparing federal unfiled tax returns for a client of mine. I am also ready to finalize the 2014 tax return and there is an NOL created on his return. The client has already fil… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x