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Hantzes & Associates | Employment & Business Law
  • Home
  • About
    • Nicholas Hantzes
  • Our Practice
    • Employment Law for Employees
    • Employment Law for Employers
    • Business Law
    • Commercial and Residential Real Estate Law
    • Outside General Counsel
  • Blog
  • Contact
703-378-5000
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  5. Did a tax accountant commit professional malpractice?

Did a tax accountant commit professional malpractice?

On Behalf of Hantzes & Associates | Mar 15, 2025 | Professional Malpractice

Individuals, married couples and small business owners may hire tax accountants to prepare their annual income tax returns. Doing so often seems like a safer option than trying to struggle through the process alone.

Taxpayers paying for the services of an accountant generally expect their returns to be accurate and to comply with all relevant tax statutes. They may also expect to optimize their refund or at least limit their tax obligations. Unfortunately, some people learn after filing their tax returns that there were major issues with the paperwork.

They may face audits, accusations of underpayment and other controversies. In some cases, the underlying cause of the issue might be the person who prepared the tax return. A client dealing with the tax controversy may have grounds to hold them accountable for professional malpractice.

Negligence is a common source of malpractice disputes

Various different behaviors can constitute malpractice in the accounting world. Clear breaches of a contract with a client are one example. Negligence by failing to file paperwork by a specific date or lacking knowledge that any competent accountant should have is another.

In scenarios where accountants made preventable, serious mistakes that other accountants can easily identify and might have prevented, those professional failures could constitute actionable practice. Gaps in understanding about the tax code and errors in mathematical calculations are both examples of professional errors that shouldn’t be a concern when relying on a paid and licensed professional.

In scenarios where an accountant’s negligence may have resulted in financial losses, the affected parties may have grounds for a malpractice lawsuit. Holding a tax accountant responsible for professional malpractice can reduce the harm caused by income tax controversies.

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