[waiting4babies]

Okay, as some of you may remember I posted a tax question a few days earlier.

Since the CPA I have used for many years does not know how to complete taxes that involve the adoption credit I decided to ask for my w-2's and 1099's back. I scheduled an appointment with another CPA who states that she has completed taxes and used the adoption tax credit in the past for other families.

Anyway, when I called the CPA to get my documents back he said that he would not return my w'2's until I paid him $285.00. He did not complete my taxes because he did not know how and he is still charging me. Is this ethical? Can he still charge me?

Any advice would be appreciated.

I am going to call the better business bureau next to see what they can do to help me get my money back. I paid just to get my w-2's back and I do not feel that what he did is right.

[bdaddy]

no, that is a federal offense..he cannot hold your W-2's captive...no matter what.


This guy is an idiot!

Good luck with your new tax guy, and many happy returns

[Kasey]

I agree I don't think he can hold them captive at all, an old boss did this to us, he held everyone's W2's until people donated something to the United Way drive!! Needless to say he was fired among other things!
This tax guy could bill you and such but I don't believe he can hold onto your W-2's?!?!?
Good luck!

[LouLouBelle]

This doesn't sound ethical to me. I wanted to suggest requesting additional copies of your W-2s from your employers. I know that when I was in HR for a larger retailer we always had employer copies on hand. I know it means more work for you (but we should all be pros after all the paper chasing we've had to do). Good luck!

[kimber413]

It is not ethical, and it may be illegal (if he indeed did not complete your tax return for you). If you have a family attorney, you might want to check with him. If he agrees, then have him draft a letter telling the guy he'd better give that money back or you will have a chat with the IRS and the state attorney general's office. It would be worth it to me, even if I had to turn around and give the $300 to my attorney for drafting the letter...

[skling69]

No it is not ethical and you can file a complaint against the CPA. I looked at your profile and see that you live in California, here is a link to the California board for accountancy. http://www.dca.ca.gov/cba/comments.htm
according to the regulation the request for your documention should be in writing. Write up a letter, fax it to him, and if you do not get your documents file a complaint with the board.

[waiting4babies]

I called the better business bureau and they are going to make contact with him about my complaint to try to resolve the issue. Additionally, they gave me the email address and phone number for the California Board of Accountancy, so that is my next step.

I did get my doc's back, but I had to pay him to get them back. Hopefully, the better business bureau can help me get my monies back.

[Jim_in_PA]

In the future, keep in mind that you can get duplicate copies of your W2 and 1099 forms from your employer and the issuers of the latter quite easily...you just have to ask for them. And...it's free. Further, most banks and other financial institutions will issue said forms electronically so you can just download them. Same for W2 forms if your employer participates in a service that does that. (Mine does...I only have to download them once I get an email notice)

IMHO, you have been scammed by this individual and I hope that there are appropriate consequences leveled.

[RainyInGA]

Well Gigi, at least you found out BEFORE he totally screwed up your taxes & adoption credit! Jim is right (as always!!!) as an employer, I issue W'2s to my employees as well as send copies to Govt. All I do is hit print, very easy...Im sorry we didnt help you fast enough.

Can you perhaps stop payment on the check or credit card that you paid him with???

good luck! As if we dont have enough hassles in this journey!