Q: My accountant never filed my 2018/19 taxes, did not return my paperwork, and is ghosting me. I am owed ~$20k. Now what?
He also opened an S corp for me and my husband, and did not return that paperwork, so I don't know if it is legit or how to proceed as a business.
I have the forms to file a fraud report about him.
I could not apply for unemployment, the cares act, stimulus, or any healthcare that needed my 2018 taxes.
should I sue?
A:
Generally, tax preparers are supposed to provide a copy of their work, upon client demand. There may be a few exceptions, such as unpaid tax professional fees and/or subject to complying per court order/injuction.
In the U.S., the motto of everyone can sue everyone over anything is generally true. However, a rational plaintiff would need to take into account the following two factors: a) Is your lawsuit going to be successful (i.e. will a judge and/or jury rule in your favor), and b) Will you be able to collect on that judgement.
With regards to bringing accounting/tax preparation malpractice suits, one needs to aware of potentially time sensitive statute of limitations rules.
I hope this helps.
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