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Can I sue my tax preparer

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rt3020

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

My tax preparer screwed up my taxes for two years in a row. I had a business and closed it in Nov 09, filed bankruptcy and that was disposed in May 2010. In November 2010 I was audited by the IRS for 08/09 and everything went fine on the audit except the tax preparer use standard milage rather then vehicle expenses for both years which is not allow (from my researching) for vehicles collecting compensations for transporting passengers or packages IE (Limousine company) so we could only use vehicle expenses and ended up paying addition tax (thats fine) but penalties/intrest and had to take the money out of my wifes 401k account to pay it besides taking a hit on that for early withdrawal and less future earnings on that money's in that account. I have only been able to get part time work and we were unable to do monthly payments (just making by with what we have coming in) thats why we took the money out of the 401 to pay it. I'm looking to talk to him about paying our IRS penalties but if he refuses I want to go after him for the penalties we were hit with for the withdrawal from the 401k also
 


tranquility

Senior Member
Your damages is only the penalties on the amount of tax owed. It is not on the lost opportunity from the 401(k), nor is it the penalty for early withdrawal.
 

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