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Tax preparer e filed return without our signatures. Is this legal
Anonymous2 views2 answers
I had H&R Block take a second look at our return as I found errors. They found s more. When I called tax person to say don't file,he informed he filed after I paid assuming I would return e file signature form. We ended up having to pay H&R Block to file an amended return.
I asked the original preparer for a refund, he said sign the papers and he would consider.
None of this seems legal to me.
There is an electronic filing which can be done without signatures, pending a future transmission. This seems more like a miscommunication rather than a deliberate illegal act. I am uncertain if you are due a refund from H&R, unless you explicitly told them they were not to file the return until you came back with the e signature form. You also are not posting the difference in the refund after H&R Block corrected your return. If it is substantial, then your cost for an amended return is rather small in comparison.You might find my legal guide on selecting and hiring a lawyer helpful.
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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
It wasn't legal to file the return without the signed e file signature form. You can complain to the IRS here:
http://www.irs.gov/taxpros/agents/article/0,,id=123392,00.html
E filing is a privilege and the tax preparer abused this privilege when he filed the return without your authorization.
