Nashville, TN asked in Tax Law for Tennessee

Q: When I lived in Florida, someone in TN did my taxes & stole my money instead of paying my tax bill. Best way to sue?

I gave her $1,000 for my tax bill & she sent me some confirmation email that my tax bill was paid through the IRS Direct Pay site. However, when I filed my taxes this year, they took my refund claiming that I never paid my taxes! When I called the IRS with the confirmation email I received from my tax preparer, the IRS said that the confirmation number wasn’t valid and that I still owed my taxes from last year. When I reached out to my tax preparer, her only response was “let me see if I can pay it now”, but never did anything. The IRS took $1,200 in taxes and fees from this years refund due to this issue. Is it best to file this claim in small claims court? Or try to find a lawyer to sue? How do I go about start a case to get my money back?

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1 Lawyer Answer

A: I would continue to try and resolve the matter with the preparer. It may have been a clerical error or simple omission. If they can't or won't fix it you should file a police report, send form 3949-A to the IRS (link below), and review them on social media sites. The question is was this an honest mistake that the preparer is willing to fix or is it fraud.

One thing to note is the preparer should remit the amount to you directly as the IRS has already been paid from the refund.

You can sue but it's unlikely to be worth the cost to maintain an out of state lawsuit for the amount of damages but it wouldn't hurt to look for a TN attorney to discuss filing suit to determine your options.

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