Brooklyn, NY asked in Tax Law for New York

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?

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1 Lawyer Answer
John Kiritsis
John Kiritsis
  • Tax Law Lawyer
  • Brooklyn, NY
  • Licensed in New York

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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