Personal and business tax returns
Significant errors in federal individual and business income tax returns, including failures to identify and address information material to the taxpayer’s position.
New York · Individuals and businesses
Tax & accounting malpractice.
You worked hard for your money. Your accountant should treat it that way.
You entrust your accountant with decisions that affect your savings, your business, and your family’s future. You are entitled to careful work, sound advice, and serious attention. A crowded client list is no excuse for overlooking the details that matter to you.
When negligent tax preparation or accounting advice causes financial harm, Lindenfeld Law pursues accountability. We represent individuals and businesses facing the consequences of professional work they reasonably trusted.
The work
The claims we pursue.
Tax planning and professional advice
Negligent recommendations concerning tax obligations or the treatment of financial and business decisions. We examine the assignment, the advice, and the alternatives available at the time.
Deadlines, elections, deductions, and credits
Missed filing deadlines, tax elections, deductions, and credits that may have exposed a client to avoidable loss. The work begins with the filing history and the benefits competent advice could have preserved.
Accounting methods and business transactions
Improper accounting methods and tax treatment of business transactions. We connect the technical accounting issues with the engagement documents, communications, and financial consequences.
Misrepresentations and concealed errors
Disputes involving misleading explanations or concealment concerning professional errors. We reconstruct what was known, what was communicated, and how the client’s position was affected.
Our approach
A disciplined path to recovery.
We combine trial advocacy with rigorous accounting analysis. Working closely with experienced accountants and tax professionals, we examine the advice, trace the errors, and assess the financial consequences. We turn complicated records into a clear explanation of what went wrong, who was responsible, and what competent work would have changed.
We begin with the engagement letter, tax returns, financial records, and communications. We examine the professional’s responsibilities, potential defenses, contractual restrictions, and available insurance coverage alongside the merits. Those questions inform an early assessment of the claim and the practical avenues for recovery.
From there, we build a strategy around your objectives and the economics of the case. Eric Lindenfeld directs the litigation. For appropriate matters, we consider contingency and hybrid fee arrangements.
Our approach to advocacy and feesExperience
Experience against major accounting firms.
Our founder, Eric Lindenfeld, has litigated against major accounting firms. He brings that experience to clients confronting significant errors in work they relied upon.
Selected experience of Eric Lindenfeld at prior firms, with other counsel.
View Eric’s experienceFederal individual and business tax returns
Litigated and settled claims arising from significant errors in federal individual and business income tax returns.
Missed elections and filing failures
Secured substantial settlements in multiple state and federal actions involving missed tax elections and improper or untimely filings.
Prior results do not guarantee a similar outcome.
Questions
Before the
first conversation.
Can I sue my accountant for mistakes on my tax return?
Potentially. A claim generally requires proof that the accountant departed from applicable professional standards and caused a financial loss. An unfavorable tax result alone does not establish malpractice.
What losses can an accounting malpractice claim recover?
The central question is what financial harm competent professional work would have prevented. Potential losses may include lost tax benefits, avoidable additional taxes, and reasonable expenses of addressing an error. Penalties and interest require separate analysis. Taxes you would have owed anyway generally cannot be recovered simply because your accountant made a mistake.
Does accountants’ malpractice insurance cover tax errors?
An accountant or accounting firm may carry professional liability insurance, also called errors and omissions insurance. A policy may cover claims arising from negligent tax preparation or advice. Coverage depends on the policy’s terms, exclusions, limits, and reporting requirements.
How long do I have to sue an accountant in New York?
Accounting malpractice claims generally carry a three-year limitations period. The claim often accrues when the client receives the relevant work product, even if the mistake is discovered later. Continued representation on the same specific matter may toll the period; an ongoing accountant-client relationship alone does not. The engagement and timeline require individual review. Prompt legal advice is important.
What should I bring to an initial consultation?
Your engagement letter, relevant tax returns, IRS or state tax notices, communications with the accountant, and any analysis from a replacement accountant are useful starting points. Records showing payments, correction costs, and other losses are also helpful.
Speak with Eric Lindenfeld about a potential tax or accounting malpractice claim. We can discuss the work performed, the financial consequences, and the questions a careful review needs to answer.