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Fraudulant Tax Preparer Results In Audit

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Adie24

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

This forum was quite helpful to me when I recently sought legal advice and I am hoping to get advice for a friend of mine. I am sure she will appreciate all contributions as she has gotten no where trying to call the IRS or talking to the preparer.

My friend lives in a small town and has used the same tax preparer for 10 years. Her parents and sister have also used the same person even longer. They all knew and trusted the tax preparer. They didn't bother to check every detail because that is what they were paying the tax preparer to do.

Each and every person my friend knows that uses the same tax preparer is being audited. My friend contacted the tax preparer about the matter. The tax preparer responded by sending her an envelope full of blank charitable receipts and told her to "make it fit". My friend tried calling the IRS and they told her that she is responsible since she signed the returns.

Upon further investigation, my friend discovered that the tax preparer also exaggerated mileage, cell phone, and other business expense claims. She also noted that some of the claims she would have made were listed in her husband's name and not her own. She did find receipts and bank statements to validate some of the claims. At this point, she is at a loss of what to do. The IRS recommended she pay the penalties as she is at fault just as much as the tax preparer. She just had a baby and has absolutely no money to pay the penalties and little energy to put up a fight.

I am outraged by the story and and find it amazing that paying the penalty or "making it fit" were the only options she found. I cannot believe that the tax preparer is not held accountable at all. Please share any advice or comments you feel would be helpful for the situation. Thank you.
 


tranquility

Senior Member
Without the actual numbers it is impossible to tell who is fully at fault, but she *is* responsible for the penalties and interest. She should have reviewed the return. It is a flimsy excuse to say you (she) relied on the tax preparer when there are no decisions involved. Your friend knew the numbers as well as or better then the tax preparer. If the wrong method of depreciation were chosen or if some types of income were mischaracterized (or any of a number of more complex things), THEN there is an argument. Probably not here.

However, it is standard in the industry for the preparer to compensate the client for penalties when the preparer makes a mistake and mis-reports clearly defined numbers. Here, it is worse. It is unethical, and illegal, to help a client commit tax fraud. If reported to the IRS and proven, he would lose his ability to practice in front of the IRS. That is a huge penalty and would certainly sober up any preparer, ethical or not.

The problem is, you cannot use that fact to try to get a settlement. "If you don't pay the penalties, I'll report you to the IRS" is extortion. There is no need to go there. Also, if the preparer is already reported to the IRS, he has less of a reason to settle as the worst that could happen has already happened. What is your friend to do?

Send the letter as I wrote in the other thread. In that letter, you might put in that you were highly offended that the preparer wanted you to cheat by providing the blank receipts. DON'T THREATEN ANYTHING--ESPECIALLY RELATED TO REPORTING THE CRIME TO THE IRS. He'll still get the hint, and maybe he'll give a fair settlement without going to court.

But, at the end of the day, until you get the settlement or a judgment in court regarding the penalties (maybe interest in this case), your friend is liable for everything.
 

irsos

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

This forum was quite helpful to me when I recently sought legal advice and I am hoping to get advice for a friend of mine. I am sure she will appreciate all contributions as she has gotten no where trying to call the IRS or talking to the preparer.

My friend lives in a small town and has used the same tax preparer for 10 years. Her parents and sister have also used the same person even longer. They all knew and trusted the tax preparer. They didn't bother to check every detail because that is what they were paying the tax preparer to do.

Each and every person my friend knows that uses the same tax preparer is being audited. My friend contacted the tax preparer about the matter. The tax preparer responded by sending her an envelope full of blank charitable receipts and told her to "make it fit". My friend tried calling the IRS and they told her that she is responsible since she signed the returns.

Upon further investigation, my friend discovered that the tax preparer also exaggerated mileage, cell phone, and other business expense claims. She also noted that some of the claims she would have made were listed in her husband's name and not her own. She did find receipts and bank statements to validate some of the claims. At this point, she is at a loss of what to do. The IRS recommended she pay the penalties as she is at fault just as much as the tax preparer. She just had a baby and has absolutely no money to pay the penalties and little energy to put up a fight.

I am outraged by the story and and find it amazing that paying the penalty or "making it fit" were the only options she found. I cannot believe that the tax preparer is not held accountable at all. Please share any advice or comments you feel would be helpful for the situation. Thank you.
If they are auditing all the clients of the preparer you can rest assured that things worse than you can wish on the preparer are going to happen to him/her.
 

Adie24

Junior Member
Tranquility, I appreciate your response and know my friend will too. I think she has learned a big lesson here an probably won't trust anyone to do her taxes ever again.

I love your letter recommendation and have definite plans to share it. I had already copied the gist of it to help her draft a letter.

She is concerned that the IRS will audit subsequent years too. Should she file a 1040-x (as discussed in the other thread) for the year in question and/or subsequent years?

Irsos, thanks for the reassurance that justice will be served.

Thanks again for your input.
 

tranquility

Senior Member
There is no need to amend the year under audit. If you think there are errors in other years, you should certainly amend--if you, or your tax professional, think it's the right thing.
 

Adie24

Junior Member
There is no need to amend the year under audit. If you think there are errors in other years, you should certainly amend--if you, or your tax professional, think it's the right thing.
Thanks again, Tranquility. My friend has really appreciated the input on the matter. I hope she shares the results.
 

Dandy Don

Senior Member
Does she now have a different CPA or tax accountant who can help her straighten out the mess? She should look in the yellow pages under tax accountants and find one who is also listed as an enrolled agent (which is someone who has formerly been employed at the IRS) who can help straighten out this mess and this person also has inside knowledge of the IRS rules and regulations and can warn/advise her about what to expect.

At some point she will be able to bring a lawsuit against the tax preparer for his incompetence and get financial damages.
 

irsos

Member
Does she now have a different CPA or tax accountant who can help her straighten out the mess? She should look in the yellow pages under tax accountants and find one who is also listed as an enrolled agent (which is someone who has formerly been employed at the IRS) who can help straighten out this mess and this person also has inside knowledge of the IRS rules and regulations and can warn/advise her about what to expect.

At some point she will be able to bring a lawsuit against the tax preparer for his incompetence and get financial damages.
There is no need to limit yourself to enrolled agents. Just find someone wth experience in IRS collection matters. Also, do not hold your breath on money damages, this preparer will be left with nothing.
 

tranquility

Senior Member
It took a long time for me to use the term tax professional on the list. There are strong opinions on the matter and I know which of those who can practice in front of the IRS I think is best. It is not an enrolled agent. I know there are some who differ and, for the vast majority of issues, it really gets down to the particular person you've hired.
 

davew128

Senior Member
Dandy Don, the list of EAs who got their title by virtue of working for the IRS as opposed to passing the SEE is VERRRRRRRY low.

Tranquility, I will try and not take offense to your comment about EAs and collections. ;)
 

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