QUESTION

Can I sue my CPA for false representation?

Asked on Nov 01st, 2011 on Taxation - California
More details to this question:
Can I sue my CPA for false/fraudulent representation? We supplied her with the information she requested from us and now we are being audited by the IRS for 2 years that she did owe taxes. She would not respond to our calls or emails.
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2 ANSWERS

Donald B. Lawrence
The better question is "If you sue your CPA, can you win and recover damages?" Unfortunately the answer at this point is I don't know. If she accurately reported the information you supplied and did not misapply the tax law, she is not necessarily liable to you for taxes or for refund of her fees. Your CPA should explain to you what the process is and your potential liability from the audit. If you do not have confidence in her at this point, you should find a reputable CPA firm and obtain an explanation of the apparent problem and advice as to how to proceed in respect to the audit.
Answered on Nov 08th, 2011 at 11:46 PM

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Tax Law Attorney serving Sacramento, CA at Montgomery & Wetenkamp
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You may be able to sue your CPA, but it would probably be a malpractice/negligence suit, not fraud. You may want to start by checking out the agreement you signed when you retained the CPA. You will need to find an experienced malpractice attorney who can tell you the strength of your case.
Answered on Nov 03rd, 2011 at 1:19 PM

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