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You hate filing taxes. It's okay. Most people hate filing taxes. This is why we hire accountants to do our taxes for us. They're the experts. They have the training. We trust them to do a good job.
But, what happens when you get audited and assessed a penalty by the IRS? Can you sue your accountant?
The IRS doesn't care if your accountant made a mistake. It's your tax return, so it's your responsibility. Even though you hired an accountant, you are liable to the IRS for any mistake. So, if the IRS adjusts your tax liability and say you owe more money, it'll be you who has to pay, not your accountant.
What about the penalties and interest? You wouldn't have had to pay that if your accountant didn't screw up. Can't you sue for that? Yes, you could sue on the grounds of negligence.
To prove a claim of negligence, you would have to show:
Before you sue though, give your accountant a chance to fix the error first. Most accountants and tax preparers will help you navigate the audit process. Some will even guarantee their work and reimburse you for any penalty or interest fees.
However, if your accountant made real mistakes and is unwilling to help you, an experienced tax attorney may be able to help assess your options.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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