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Published by Eva Rosenberg, MBA, EA

Volume 6, Issue 263        June 18, 2004

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Preparer Error
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» From: Santa Barbara, CA

Dear TaxMama:

I'm the trustee of a family trust that has been distributed. Last week I found out that my tax preparer mistakenly put down the wrong EIN number on all the paperwork--including the tax forms for 2002 and 2003. She also sent out the wrong number on the K-1's to the heirs.

She had the correct number on the form sent to her (at her place of business) from the IRS -- so it was just a mistake on her part.

I think she should be willing to correct this mistake at her own expense. She has billed me for our preliminary discussion, and I'm wondering what her obligation is under the law. She is an enrolled agent, and up till now I've been satisfied with her work.

Thank you,

Ellen

TaxMama Replies

Hi Ellen,

When I make a mistake like that, and, yes, it happens, I take care of all the corrections at my expense.

That means preparing all the amended returns. That means dealing with all the resulting correspondence from IRS and the State of California.

Sure, it's time consuming. But if I was the one who did it wrong, having full information, I'd be the one to correct it.

If your EA is a good person, she'll do the same thing. (Don't worry, she probably will.)

If she won't, I am sad to say that you may have to take her to court to get reimbursed for having someone else do it. However, you'd need to be able to prove that she had the right information in the first place. That may be hard to do, unless she sent you something with the correct ID number referenced.

But, Ellen, talk to her. She shouldn't be billing you for these discussions to correct her own mistake.

There's no one to report her to, with respect to her professional society. I don't think CSEA (California Society of Enrolled Agents) has an ethics committee. But if it really gets bad, there's always the Director of Practice at IRS. That's where we get our licenses.

Let's just save that as a last resort, shall we?

Good luck!

Best wishes,

Eva Rosenberg
Your TaxMama


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