Which court would have jurisdiction on a claim regarding tax return filing error?

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Which court would have jurisdiction on a claim regarding tax return filing error?

My tax preparer filled in the wrong direct deposit information so my tax refund has never been received. Rather it to the party whose SSN the preparer entered on my return. The actual refund amounts are less than $5K but believe I will seek damages as well as all costs of court which may push the amount over $5K.

Asked on May 17, 2011 under Business Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to first try to repair this through the IRS first because this is a tax court issue over and above anything else. Contact the IRS, explain what occurred and see if you need to do an amended return and see if the IRS needs to contact your tax preparer to fix this and get the information on the other person's tax return so that both returns are reconciled. If this doesn't work, consider filing in civil court against your tax preparer and at the same time, file a complaint with the agency in your state that licenses him or her (if he is a CPA for example there should be a testing and licensing board for public accountants).


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