How to determine if a tax firm is committing accounting malpractice with IRS issues
I need some guidance on figuring out if this tax preparation company I've been using is actually committing accounting malpractice. My situation has gotten really messy. This firm consistently misses filing deadlines, submits my taxes late every year, and their negligence triggered an IRS audit for a tax year they prepared! Recently, they received some kind of settlement payment which somehow increased by $250, and now the total amount is so large the IRS is threatening to put a lien on my house. I feel completely stuck with these people, and their service keeps getting worse every single year. The turnover is insane too - I've had to work with more than 8 different tax preparers at this same firm! That's why I'm thinking this has to be professional negligence at this point. Has anyone successfully dealt with accounting malpractice? Any advice on how to determine if what they're doing qualifies as malpractice and what my options might be? Really appreciate any help.
18 comments


Harmony Love
Based on what you've described, there are several red flags that could potentially indicate accounting malpractice. Consistent late filings, triggering an audit through their errors, and excessive staff turnover are all concerning signs. To determine if it's actual malpractice, you should first gather all documentation showing their errors and your communications with them. Look for patterns of negligence, missed deadlines, and any financial harm you've suffered as a direct result. Tax professionals have a duty of care to their clients, and repeatedly failing to meet filing deadlines or making errors that cause audits could constitute a breach of that duty. The next step would be consulting with a tax attorney who specializes in accounting malpractice - they can review your documentation and advise whether you have a legitimate claim.
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Rudy Cenizo
•Do you think it matters that I've continued to use them even though the service has been bad? I've been with them for 5 years but kept hoping they'd improve. Would that affect my ability to claim malpractice?
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Harmony Love
•Continuing to use their services doesn't automatically disqualify a malpractice claim, but it could potentially complicate matters. Courts might question why you maintained the relationship despite ongoing issues. However, if you can demonstrate that you raised concerns, requested improvements, or were misled about corrections being made, that would strengthen your position. It's important to document any conversations where you expressed dissatisfaction or where they promised to improve their performance. The key factors will be proving they breached their professional duty and that this breach directly caused you financial harm.
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Natalie Khan
After dealing with similar tax preparation problems, I found an incredible service called taxr.ai (https://taxr.ai) that helped me figure out if I had a legitimate claim against my accountant. They analyze all your tax documents and communications to identify potential malpractice elements - they even highlighted specific IRS regulations my former tax preparer violated. In my case, they discovered my preparer had been consistently miscategorizing my business expenses for years, which exposed me to penalties and interest I shouldn't have had to pay.
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Daryl Bright
•How exactly does taxr.ai work? Do you upload all your tax documents to them? I'm concerned about privacy with my financial info.
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Sienna Gomez
•Sounds interesting but I'm skeptical. Did they just tell you there was malpractice or did they actually help resolve the situation? What happened after they identified the issues?
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Natalie Khan
•The system is actually really straightforward - you upload your tax documents through their secure portal which uses bank-level encryption, and their AI analyzes everything to identify inconsistencies, errors, and potential malpractice issues. They take privacy extremely seriously and explained their security protocols before I submitted anything. After they identified the issues, they provided a detailed report that I was able to take to a tax attorney who agreed there was a clear pattern of negligence. They don't directly resolve the situation themselves, but their documentation was crucial in helping my attorney build a solid case against my former preparer, which ultimately led to a settlement that covered all my penalties and interest.
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Sienna Gomez
I want to update about my experience with taxr.ai after my skeptical questions above. I decided to give it a try since my situation with my tax preparer was getting worse. The service identified FIVE separate instances where my preparer had made errors that violated professional standards! Their report broke down exactly which tax regulations were violated and calculated the financial impact of each mistake. My favorite part was how they explained everything in plain English instead of confusing tax jargon. The documentation they provided helped me negotiate with my accounting firm directly, and I'm getting a partial refund of preparation fees plus they're covering my penalties. Definitely worth checking out if you're in a similar situation.
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Kirsuktow DarkBlade
If the IRS is threatening a lien on your house, you need to talk to someone at the IRS ASAP, but good luck getting through on their phone lines! After trying for WEEKS to discuss my own tax mess (caused by a preparer who filed incorrect schedules), I found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent within 45 minutes instead of days of redialing. They have a video showing how it works here: https://youtu.be/_kiP6q8DX5c. The IRS agent I spoke with explained my options for disputing the penalties caused by preparer errors and helped me start the process of separating my liability from my preparer's mistakes.
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Abigail bergen
•Wait, how does Claimyr actually work? Is it just paying someone to wait on hold for you? Couldn't you just put your phone on speaker and do something else while waiting?
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Ahooker-Equator
•Yeah right. There's no way anyone can get through to the IRS that fast. I spent 6 hours on hold last month and got disconnected twice. This sounds like a scam to me.
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Kirsuktow DarkBlade
•It's definitely not just paying someone to wait on hold - their system actually works with the IRS phone tree to secure your place in line without you having to stay on the phone. You get a callback when an agent is available to speak with you. It saves hours of frustration and missed calls. I was also super skeptical at first! I had tried the speaker phone method too, but kept getting disconnected after long waits. The difference is their system doesn't drop the call or lose your place in line, and you don't have to keep your phone tied up for hours. It's really just a more efficient way to get through the overloaded IRS phone system.
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Ahooker-Equator
I need to eat my words from my skeptical comment above. After my frustration boiled over with waiting on hold with the IRS for another 3 hours, I broke down and tried Claimyr. The whole thing felt weird at first, but it ACTUALLY WORKED. I got a call back in about an hour telling me an IRS agent was on the line! I was able to explain my situation with the tax preparer errors, and the agent helped me start a claim against my preparer and put a temporary hold on collection activities while we sort it out. I can't believe I wasted so many hours on hold before this. If you're dealing with preparer malpractice that's affecting your IRS account, definitely worth using this to get through to someone who can help.
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Anderson Prospero
One thing that hasn't been mentioned yet - check if your tax preparer is actually a CPA, an Enrolled Agent, or just a tax preparer. The standards for malpractice and your recourse options differ based on their credentials. CPAs and EAs are held to higher professional standards and have governing boards you can file complaints with. Start by verifying their credentials (you can check CPA status with your state board of accountancy) and then look into filing a formal complaint with the appropriate oversight body.
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McKenzie Shade
•Thanks for bringing this up! They claim to be CPAs but now I'm wondering if all 8 preparers I've dealt with actually were. Is there a specific website where I can verify their credentials? And what kind of complaint process should I expect if I go that route?
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Anderson Prospero
•You can verify CPA credentials through your state's Board of Accountancy website - just search "[your state] board of accountancy license verification" and you should find their database. For Enrolled Agents, you'd check with the IRS through their tax preparer directory. The complaint process typically involves submitting a formal written complaint with supporting documentation to the licensing board. They'll investigate and may hold disciplinary hearings. Sanctions can range from censures to license suspension or revocation, and in some cases, they can order restitution. The process usually takes several months, so it's not a quick solution, but it creates an official record of the issues which can be helpful if you pursue other remedies.
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Tyrone Hill
Have you considered filing Form 14157 (Complaint: Tax Return Preparer) with the IRS? If your preparer is consistently filing late and making errors, the IRS wants to know about it. If their mistakes led to penalties for you, also file Form 14157-A (Tax Return Preparer Fraud or Misconduct Affidavit) which can help get some penalties abated. I had to do this last year when my preparer completely messed up my Schedule C and cost me thousands in penalties.
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Toot-n-Mighty
•This is great advice. Form 14157-A saved me about $3,400 in penalties after my preparer miscalculated my estimated tax payments. The IRS actually took it seriously when I provided documentation.
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