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Tax amendment

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Junior Member
What is the name of your state? California

I had a certified tax preparer prepare my taxes for 2000. She made an error on my capital gains part of it for stock I had sold. I recalulated it to where there is an error of about a thousand dollars. I asked this lady to ammend my taxes six months ago and she keeps giving me the brush off. Doesn't show for appointments, tells me that we can go over it, but that it probably will not make a difference. Is she correct?. Does a thousand dollar error on capital gains not make too much of a difference. What can I do? She prepared my taxes, is she the only one who can ammend them for me? If so, is there anyway to force her to do them. She has been a no show for three appointments and doesn't return my calls. Is there any legal action that I can take to make her amend my taxes soon, or do I have to just keep on trying until she decides to get around to fixing them?



If you showed a net capital loss of over $4,000, the error would not effect that year’s return. However, it would effect future years. Otherwise it would effect that year’s return. In any case, if she made an error, she is liable for any costs to you caused by the error.

She is not the only one who can amend the return. You can do it yourself, or you can hire someone to do it for you. It is not a big job. If you hire someone, the original preparer would be liable to you for the fee and for any IRS interest or penalties charged. You could sue her in Small Claims for that.


Senior Member
CA requires professional tax preparers to be licensed. Tell her that if she does not deal with this situation immediately to your satisfaction, you will file a complaint with the state licensing board. Since this is her mistake, she should prepare the amendments (federal & state) and pay any penalties or interest. You probably have to pay the taxes yourself.

You can go to another preparer for the amendment, but s/he will charge you money.

Are you sure she made a mistake? It could be that she applied some section of the IRS code that allowed her to arrive at a different capital gains figure than you did.

Is this mistake something the IRS is likely to catch on their own? Keep in mind the IRS audits less than 3% of returns. If she put in the wrong stock sale amount, the IRS will catch it. If she put in the wrong purchase amount or date, the IRS will not catch it unless they audit you. Although the law requires you to amend when you have updated info, you might decide to keep your head down and hope the return slips through the cracks.

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