QUESTION
Can I sue my CPA for filing tax late?
Asked on Feb 17th, 2014 on Labor and Employment - California
More details to this question:
I am a small business owner. Our CPA failed to file our IRS Form 990 on time on four different occasions. Each time he will file for extension. Three years ago, the IRS penalized us for close to $60K. Since the fault is the CPA's, can I sue this guy?
3 ANSWERS
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Professional negligence claims (which you probably had) must be brought within one year of the date of the negligence, or within one year of the time you discover the oversight. It would appear your claim would be barred by the statute of limitations, unless you did not know or have reason to know of the oversight. Otherwise, you would have a claim against this professional, and should reconsider whether that individual is the correct person to be handling your affairs in the future.
Answered on Feb 20th, 2014 at 5:59 PM
Contact an attorney to review your matter to determine if you can sue your CPA.
Answered on Feb 20th, 2014 at 5:49 PM
You may sue any one for any thing. In GA, when you sue for any type of professional negligence/malpractice, you must attach to the suit, when filed, an affidavit of a like person who states that the defendant was professionally negligent. So, you will need another CPA to say this guy was negligent, just to get your suit filed. You need a lawyer to do this, so go ask a lawyer this question. The CPA would be liable for damages, if the late filing was the fault of the CPA.
Answered on Feb 20th, 2014 at 5:45 PM