Results 1 to 5 of 5
  1. #1
    Join Date
    Feb 2009
    Posts
    9

    Default Suing Over Errors by a Tax Advisor

    My question involves business law in the state of: California

    8 years ago when I disolved my s corp my tax guyhe said not to pay the Franchise tax Board, (FTB)they will give up trying to collect and theres no corp to collect from- what happened was that they harassed me for years and I would have paid it but I relied upon him- Later.... he goofed up my personal return and the FTB back fines are aprox 2,000- They are high because I was not accepting mail from them as my tax guy suggested years ago- he also knew about his error in my personal taxs of his years ago but did not refile or do anything- now he says I supplied wrong info for my taxs but he was doing them for yeras and should have checked numbers as I suggested.
    Any suggestions?

  2. #2
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: I Want to Sue My Tax Guy

    I think you must have known that you were being given bad advice when someone told you that you could ignore paying taxes that were rightfully owed, right?

    If you want to sue him you will have to show that you did not know that you actually owed those taxes. That might be a stretch. Also, he is only obligated to prepare returns based on information you give him at the time, and unless you can prove that you gave him relevant information that he ignored in preparing your returns, you'll have a tough time with this. Also, eight years may be too long ago in CA. Most likely it is, but those with CA expertise might comment more on that part of it.

  3. #3
    Join Date
    Feb 2009
    Posts
    9

    Default Re: I Want to Sue My Tax Guy

    All I know is that I paid an expert good money for his advice his Profesional opinion- I though I owed it but as I explained before he said once your corp is dissolved there is no corp and no one or no assests to go after.I would think that the proof is self evident - he did my taxs one year and the next year he filed the same amount ( not me) 8 years ago was when he gave 1st bad advice on $468 owed to FTB re dissolution but the big fine was just in the last year when he did my personal fileing.Besides how would anyone show that they that I know that they owed a tax? Is that not why most people use an expert in the first place?

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: I Want to Sue My Tax Guy

    Willie Nelson had his Grammy awards and all his other stuff auctioned off by the IRS because ultimately he was responsible for his tax return. Whether he was able to successfully sue his tax advisors depended on whether he could prove they gave him bad advice and whether the statute of limitations had expired.

  5. #5
    Join Date
    Nov 2008
    Location
    East Coast but my heart's in Texas
    Posts
    64

    Default Re: Suing Over Errors by a Tax Advisor

    You can evade creditors, but never State or Federal taxes. Have you tried to settle? I also had a tax company and bookkeeping company. They failed to pay $200 sales tax that 2 yrs later was $900 due to pen./int. and I went to the Dept of Rev and worked out a compromise of $300 they removed the lien. Wasn't originally my fault, but was my responsibility.

    1. Sponsored Links
       

Similar Threads

  1. Business Disputes: Dispute with Advisor About Advised Contract
    By BusyB in forum Business Law
    Replies: 1
    Last Post: 07-12-2010, 07:37 PM
  2. Agents and Fiduciaries: Misleading Advisor
    By SC_landlord in forum Personal Finance And Investment Law
    Replies: 3
    Last Post: 12-07-2009, 08:39 PM
  3. Replies: 3
    Last Post: 07-22-2009, 12:36 PM
  4. Legal Malpractice: Suing An Attorney For Errors In Visa Application
    By vasu_konijedu in forum Malpractice Law
    Replies: 1
    Last Post: 07-17-2007, 09:15 AM
  5. Defamation: Embarrassing Letter By An Academic Advisor
    By DMHATH in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 10-17-2006, 08:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources