When you employ an accountant to prepare your taxes, it is reasonable to trust that he or she will simplify your relationship with the Internal Revenue Service (IRS), not complicate it. Unfortunately, even accountants can make mistakes, especially when it comes to especially complex assets. So, what is one to do when the IRS notifies you of an audit because of improper, late or unfiled taxes?
As far as the IRS is concerned, this is a matter between you and them, despite the fact that your accountant was the one who created the problem. The issue may even end up costing you significant fees. There is no easy way out of the swamp on this one, but you can seek damages for additional costs that your accountant incurred. Hopefully, your accountant will take responsibility, fix the errors and reimburse you for any fees. However, this may not happen.
In cases like this, you may consider a malpractice suit against your accountant, if the losses are significant enough to justify it. Like any malpractice suit, you have a burden to prove that you were harmed, that your accountant’s errors were what harmed you and that you had a reasonable expectation of proper service because of your professional relationship. If your suit is successful, you may recover any fees the error triggered from the IRS.
It would be wonderful to believe that accountants are infallible, but they are only people like the rest of us. If you believe that you may have a legitimate accountant malpractice claim, do not hesitate to seek out the guidance of an experienced attorney who can help you build a strong claim and keep your rights protected.