Mistake made on my taxes who is responsible

[bighair]

MA.
I used a CPA to do my taxes for the first time this year and I e-filed with direct deposit. I gave the CPA a Voided Deposit slip with the account information on if for the direct deposit and she entered in the wrong account #. Now my almost $4000 has gone in someone elses account at my bank and they spent the $$$. The bank says that it is not their problem, the CPA says it is the banks problem, The IRS doesn't know who's problem it is. Who is responsible for this and how do I get my $$ back in a timely manner?

 

[Snipes5]

And did you look at the return to see if the Direct Deposit information was entered correctly?

File a claim with the IRS that you did not receive your refund. You can do this through their website, by clicking on "where's my refund?" and entering the pertinent information.

The bank is supposed to verify that the names on the account match the names of those to whom the refund is designated.

Snipes

 

[Dandy Don]

Start talking to a business law attorney to potentially "threaten" or "warn" the CPA and the party who received your money AND THE BANK that a small claims court action will begun unless somebody comes up with the money.

The CPA is actually at fault and you need to ask her if she has liability insurance that could reimburse you or reimburse you from her personal account until you receive the money from the bank depositor who got this money.

Or contact the person who received the money and ask them to take out a personal loan from a bank or credit union to repay you.

DANDY DON IN OKLAHOMA ([email protected])

 

[aphytis]

just a thought

If the person who actually received the money rushed out and spent it knowing it was not theirs....wouldn't that be fraud? therefore a suggestion of the potential criminal charges could get astion.

I don't know I'm just sort of thinking outloud here

 

[Snipes5]

The taxpayer DID sign the tax return, and is responsible for the information contained on it.

You are supposed to thoroughly review your return before signing it, CPA or no CPA.

Snipes

 

[bighair]

I just wanted to add one more thing to this.

I did sign the return, but why do I pay someone $262 if I have to double check everything on the return. Why wouldn't I just do it myself. Also, it was a joint return with my husband and he got out early from work so we could both sign the return, and when we arrived, he stayed in the car with my two small children so I could sign it and then I was going out so he could sign it. Well when I got in the office the person told me since it was an e-file, I should just sign both our names to the return. He never signed the return.

What a mess huh?

 

[Snipes5]

If you will read my first post in this thread, I told you how to handle it.

The reason you are supposed to verify the information on the return is because it is yours and you are signing it.

It is not the CPA's fault that you did not take the time to read the return before signing it, no matter how busy you were.

It is charming that you didn't bother to read it, but that doesn't give you a leg to stand on.

The CPA is only responsible for the return being correct with the information he was given. And to add insult to injury, a DEPOSIT SLIP is not always guaranteed to contain the entire RTN and account number. A voided CHECK is much more reliable.

I am wondering if he asked for a voided check and you gave him a voided deposit slip because that was all you had with you, and you insisted that it was "the same"? I hear that one all the time.

Snipes

 

[bighair]

Sorry to bother you Mr Snipes

I thought this forum was for people to come to get help not put down. I simply asked a question and you are giving me a hard time. I won't post here again.

Sorry to bother you.

PS I gave them a deposit slip because that is what they asked for. It has the correct information on the deposit slip. It was entered wrong. It is exactly the same # as on my checks. It went to the correct bank, but not the correct account.

 

[Dandy Don]

She would have had no reason to scrutinize the direct deposit number IF SOMEONE ELSE WROTE IT DOWN INCORRECTLY!!, since the signer would have only briefly glanced at it to make sure the number was there and the fact remains that if it's in the CPA's handwriting IT IS THE CPA'S MISTAKE!!

Please also consider (1) speaking directly to the bank manager or supervisor in charge about this--it has happened a few times before and they should have procedures in place to assist with recovery. In other words, don't just speak with a teller at the counter, (2) consider contacting your local newspaper, television news station/consumer affairs reporter about your situation. Sometimes local stations are interested in stories like these and the bank, in order to avoid embarrassment, will work very quickly to get the situation resolved in your favor.

DANDY DON IN OKLAHOMA ([email protected])

 

[bighair]

Thanks for advice Dandy Don

Thanks for your help Dandy Don. I really appreciate it. These are the first kind words I have heard all day.

 

[ablessin]

Gee, it sure was nice of you to "give" Joe Schmoe $4000!!!!!!!!!!
What a jerk for running right out and spending it.... he KNEW he was damn wrong to have that money in his bank account (or hers.) and probably thought "if I go spend it, it's gone" - - - that person should be held responsible in some way to pay the money back!!!!!!
If they filed a return and got a refund, then they got TWO refunds! Must freaking be nice.

I would think something should be done against that person, if nothing else.

 

[bighair]

Update

Here is an update on my tax problem

As of yesterday, the CPA is going to pay me back the money that I am out. I filed the form 3911 with the IRS, but they told me all they do is trace the money, they don't go after the person who's account it went in. I don't know. I called the police to see if there is anything they could do and they said that no law has been broken. It just didn't seem right that the person should get $4000 for free. It seems like stealing. It is like I told my husband "what comes around goes around" I really believe this. Nothing good has come out of this.