I'm being audited and the auditor said that my accountnt didn't add up the totals...what actions can I take against my accountan

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Turned in my tax info to accountant and there were math mistakes made by my office person. My accountant just put in the #s and didn't look it over. Now I'm looking at interest and penalties for this mistake....can my accountant be held liable for part of this?

2 Attorney Answers

I guess it would depend on what you hired him to do. Did you hire him to audit your books or prepare a return with numbers you provided. The other part of the answer is practical. How big was the error and how much is the penalty and interest. If the damage is small it is not likely to be worthwhile to sue the accountant for the damage, especially if the liability is questionable.
The accountant can not be held liable for any amount of tax owed. If something is misreported and it is later determined that you owe more in taxes than what was paid, then you are still the individual who has actual possession of the money that was not paid in, not the accountant. As such, they can't make the accountant liable for a payment of money that he never had control of.
Additionally, it is the taxpayer's responsibility to review the return for accuracy before it is submitted, and to only sign the return if it is accurate. As such, it's extremely difficult to hold an accountant liable for a mistake on a return.
With that being said, you may be able to have him be liable for the interest and penalties that accrued due to his mistake. However, you'd A.) have to file suit against him, and B.) overcome the fact that you signed the return acknowledging its accuracy. I would guess that the penalties and interest aren't large enough to justify the costs and time involved with filing suit, so I think the legal question of your potential success with such a suit is moot.

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