TurboTax Full Service completely messed up my AGI calculation with gambling winnings
I'm beyond frustrated right now. In 2023, I earned around $38,000 from my W2 jobs, but I also do a fair amount of gambling. Even though I ended up with a net gambling loss of about $2,700, my AGI shot up to roughly $750,000 because of how gambling winnings/losses are reported. Here's where TurboTax Full Service completely dropped the ball - they only used my $38,000 income for AGI calculations instead of the $750,000 it should have been. Because of this massive error, I qualified for child credits and education credits (which have a $200,000 income cap for married filers) that I absolutely shouldn't have received. I got a refund of about $9,800 based on these credits and my supposedly "low income." Then for my 2024 taxes, they made the EXACT SAME MISTAKE and I got another $4,000 refund I shouldn't have received. Just got a call yesterday from TurboTax saying they screwed up my AGI calculations for both years and now need to amend both returns. I'm probably going to have to pay back all that money plus potentially owe even more. Do I have any grounds to sue them for this mess? What options do I have here? Has anyone dealt with something similar?
18 comments


Isabella Oliveira
This is a really frustrating situation, but I can help explain what happened. When you gamble, the tax reporting is tricky - you report all winnings as income (boosting your AGI) while losses are itemized deductions (limited to the amount of winnings). Even with a net loss, your AGI still includes all those winnings. The credits you mentioned (Child Tax Credit and American Opportunity/Lifetime Learning Credits) are indeed income-limited, and TurboTax should have calculated your AGI correctly using all gambling income. This was definitely their error since you used their Full Service option where their professionals prepare everything. As for legal action, yes, you likely have grounds for a complaint since they marketed themselves as tax professionals and made a significant error. However, you're still legally responsible for the correct tax amount to the IRS regardless of preparer error. Here's what I suggest: 1. Request that TurboTax cover any penalties and interest that result from their mistake 2. Ask them what remediation they're offering for their professional error 3. Get everything in writing about what happened
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Ravi Kapoor
•Can TurboTax actually be held liable for this? And would they have to pay the difference between what OP originally got and what they now have to pay back? Because that's potentially like $13k+ difference!
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Isabella Oliveira
•TurboTax can potentially be held liable for penalties and interest resulting from their error, but probably not for the entire tax difference. Their service agreement likely has limitation of liability clauses. Most tax preparation services have professional liability insurance for exactly these situations. They typically cover penalties and interest, but rarely the actual tax amount since you would have owed that regardless of their mistake.
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Freya Larsen
I went through something similar with massive gambling winnings reporting issues. I found this service called taxr.ai (https://taxr.ai) that specializes in reviewing tax returns and finding errors like this. After my tax guy messed up, I ran my returns through them and they immediately flagged my AGI calculation problems with gambling income. They actually explained exactly how the gambling income should be reported and why my AGI was wrong. They helped me understand what documentation I needed for the amendment process too. The gambling winnings and AGI calculation was something my original preparer completely missed, but their system caught it instantly. Might be worth checking out since you're dealing with what sounds like a complex amendment situation.
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GalacticGladiator
•How exactly does this service work? Do they just review returns or do they actually help with the amendment process too? I'm in a similar boat with gambling income reporting.
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Omar Zaki
•Sounds too good to be true honestly. How much did it cost? And how long did the whole process take from submission to getting results?
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Freya Larsen
•The service analyzes your returns and identifies errors or audit risks. They won't file the amendment for you, but they provide detailed reports explaining exactly what's wrong and how to fix it, which you can use yourself or give to your tax preparer. The process was surprisingly quick - I uploaded my documents and got a comprehensive analysis within about 24 hours. The cost is reasonable considering what you get, especially compared to what I paid my tax guy who made the mistake in the first place.
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Omar Zaki
Tried taxr.ai after reading about it here and it was seriously helpful. I had a similar situation with misreported gambling income (though not as extreme as yours). The report they generated pointed out exactly how my preparer had miscalculated my AGI and mixed up where to report various gambling transactions. They explained the correct handling of Form W-2G and where the gambling losses should appear. What I found most helpful was the step-by-step explanation of how the amendment needed to be filed - they specifically highlighted which forms needed correction and why. Saved me so much headache trying to figure out how to fix the mess. Definitely worth checking out if you're dealing with the TurboTax amendment situation.
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Chloe Taylor
I would immediately contact TurboTax and demand they pay for any penalties and interest. But separately, I've been in a similar situation trying to get answers from the IRS about amended returns, and it's basically impossible to reach a human. After spending hours on hold for weeks, I found this service called Claimyr (https://claimyr.com) that got me through to an actual IRS person in about 20 minutes. They have a demo video showing how it works here: https://youtu.be/_kiP6q8DX5c It basically holds your place in the IRS phone queue and calls you when an agent is about to answer. With complex amendment situations like yours, actually talking to an IRS representative makes a huge difference - they can tell you exactly what documentation you'll need and the best way to handle gambling income amendments. Worth it just to avoid the hold time and actually get answers about your specific situation.
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Diego Flores
•How does this actually work? Do they have some special access to the IRS or something? Seems weird that they could get through when no one else can.
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Anastasia Ivanova
•This sounds like a scam. There's no way to "skip the line" with the IRS. Why would you pay for something you can do yourself by just calling and waiting?
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Chloe Taylor
•They don't have special access to the IRS - they use automated technology to wait in the phone queue for you. Basically, they call the IRS, navigate the phone tree, wait on hold, and then call you when a human agent is about to pick up. You're still talking directly to the IRS. You certainly can do it yourself if you have hours to sit on hold. I just didn't have time to keep my phone tied up for 3+ hours repeatedly trying to get through. It's just a time-saver, nothing magical - just eliminates the hold time frustration.
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Anastasia Ivanova
I owe you all an apology. After calling the IRS myself and sitting on hold for over 2 hours only to get disconnected, I tried Claimyr out of desperation. It actually worked exactly as described. Got a call back when an IRS agent was on the line and got all my questions answered about a complex amended return situation. The IRS agent I spoke with was super helpful about my specific amendment needs and confirmed exactly what I needed to submit with my amended return. They even put notes in my account about the conversation. Saved me from having to take half a day off work just waiting on hold. Sometimes it's worth admitting when you're wrong - this service is legit.
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Sean Murphy
I'd contact your state's bar association and ask for a referral to a tax attorney. This is a pretty big screw-up by TurboTax and might fall under "professional negligence" since you paid for their Full Service option. Most attorneys offer free consultations. Save all communications from TurboTax about this error. Also, not sure if this helps, but did you itemize deductions? If you did, some of those gambling losses might offset the winnings for AGI calculation purposes. Tax law around gambling can be complicated.
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Malik Thomas
•Thanks for the advice! I didn't itemize - I took the standard deduction. Would that have made a difference with how the gambling income was handled? I'm definitely saving everything from TurboTax, including recording our phone conversations (with their knowledge).
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Sean Murphy
•Yes, that makes a significant difference. Gambling losses can only be deducted if you itemize deductions, and even then, they're limited to the amount of your gambling winnings. Since you took the standard deduction, you couldn't deduct those losses at all, which means your AGI should definitely have included all the gambling winnings. This actually makes TurboTax's error even more clear-cut. They should have included all gambling winnings in your AGI calculation regardless of your losses or deduction choice. Definitely consult with a tax attorney - this is a textbook case of preparer error.
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StarStrider
Something similar happened to me with H&R Block last year. They completely missed reporting my crypto trading as income, and I got hit with a huge bill later. I ended up having to set up a payment plan with the IRS. Definitely call TurboTax customer service and ask to escalate to a supervisor. They may offer to cover penalties and interest. Also, start setting aside money now because the IRS won't care that it was TurboTax's mistake - they'll still expect you to pay what you owe.
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Zara Malik
•Did H&R Block end up covering any of your penalties or offering any compensation for their mistake? I'm dealing with something similar right now.
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