IRS/Accountant Question

[purplepenguin7]

My accountant messed up our 2018 tax return (forgetting to add our dependent who was born that year).  He realized when he did our 2019 return and gave us an amended return to file.  Of course, COVID hit and the IRS got crazy and we still haven't received our refund.  According to the IRS site, it was received on August 2020 but has not been processed.  I know the IRS is behind, but this is over a year now.  I cannot get ahold of anyone at the IRS to speak to.

So my question do I have an recourse with my accountant?  Can I make him give us the refund we are supposed to have?  Obviously it's not his fault the IRS is backed up but at the same time it was 100% his mistake. The amount we should be getting back is $2k. 

[wanderingback]

No I would not expect them to refund the amount you’re owed. When my accountant sends me stuff I try to review it quickly to make sure there’s no blatant errors. With something like this you could’ve noticed. I think the contract I sign with my account does say something about mistakes or reviewing. Are you planning to use them again? If so, I would consider asking for a little bit off their fee.

[beantrees]

I wouldn't consider it 100% his mistake. You signed the return that it was correct before filing. A missed dependent is an easy thing to catch, even if you have zero tax experience.

[purplepenguin7]

wanderingback, thank you! That's something I can ask for this year. We will use him again for 2020 at least.

[dcn]

No, your accountant can’t give you your refund.

[awkwardpenguin]

The IRS should give you interest on what you are owed. If the accountant had made an error in your favor and you actually owed, I would expect the accountant to be responsible for penalties and interest, but that doesn't apply here.

[madringal]

You can probably make a claim with his errors and omissions insurance.