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?

Related Topics:
1 Lawyer Answer
John Kiritsis
John Kiritsis
Answered
  • Tax Law Lawyer
  • New York, 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.

Disclaimer:

For information and entertainment purposes only. This is not a legal advice. This is not a substitute for a legal advice by a competent attorney licensed in the proper jurisdiction. Author may be a lawyer, but is not your lawyer. Licensed to practice law in New York and New Jersey ONLY.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.