Legal Question in Tax Law in California

efiled without permission

My accountant e-filed my return, and then sent me the form 8879 for me to sign giving him actual permission to do so. I have issues with how he filed the return which I only discovered after the fact. Is it illegal to file without a signed document and what recourse do I have if so?


Asked on 4/02/08, 3:26 am

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: efiled without permission

in most cases the 8879 is required and there are possible sanctions against the accountant by the IRS. however, this would not directly benefit you in any way.

if your return was filed incorrectly, you should file an amended return to correct the errors. although the IRS will expect you to be responsible for any additional taxes, interest or penalties, you can request the accountant to pay the interest and penalties (or attempt to have the penalties abated).

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Answered on 4/05/08, 4:44 pm


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