CPA won't return my phone calls

[WinniWoman]

I usually do not use a CPA to do my taxes, but a few years ago when my mom passed away in 2011 I did use one. From there on I did my own taxes again.

This year when doing my taxes I realized that since 2011- which was the return the CPA did- I should have been taking a state tax exclusion each year that would have resulted in a refund and I researched, called NYS Tax dept. and so on and found I was correct.

It is too late to file a 2011 and 2012 amended return, but I could do so for 2013, 2014 and 2015.

I did not want to do it myself, as I assumed there had to be a flaw in the TAX ACT software, and evidently in the CPA's tax software because she got it wrong also.

I called her office and she returned my call one evening and spent a considerable amount of time with me on the phone. She is very personable also. She advised me to get the 2013 tax return to her as it had to be in by 4/18/17, and then I could bring in the other returns and she would deal with them after tax season. I did so and she completed the return and I have since received the refund from NYS.

Meanwhile, on 4/20/17, I brought my 2014 and 2015 tax returns to her office. I did not hear back from her, but figured she might have taken a vacation after the tax season, so I waited until 2 weeks ago just to give a call to check the status. Instead of the usual admin. assistant answering the phone, there was a voice mail, so I left a message on the CPA's ext. No call back.

I then tried her office again the end of that week- again a voice mail but then the assistant finally got on the phone. She tells me she isn't sure if the CPA will be in that week or not. I ask if she is on vacation- she doesn't answer. She tells me she will TRY to get an answer for me and call me back. (What? Don't you work for this woman? Don't you speak with her? It sounded strange). (This is a tiny office- a one person practice.)

Well, she never called me back. So again this week I call the office and get the voice mail and leave a message on the CPA's ext. No call back. I try to get the admin on the phone- first time no go. Then, a second call through the voice menu and I do get the admin. She again sounds mysterious. She tells me she will try to find out for me and call me back. I tell her that is what she told me last week. She doesn't answer. She asks for my phone number (which they have).

I ask a few more questions to try to determine what the problem is. I tell her that I am not in a rush, but just was wondering on a timeline for the returns completion. She says the CPA only comes in at night but she will try to find out and call me back.

Does any of this sound unusual to you? I find it all strange for a professional office. Maybe it is me? Any suggestions or input?

Mind you, I never asked her for compensation for the incorrect 2011 return she did for me, of which I had paid her $300. Not did she offer anything for the mistake, even though I mentioned the fact that she even missed this exclusion several times.

Now I am thinking maybe I will stop at the office on my way to work tomorrow morning-who knows if it will even be opened. Meanwhile, this woman has my tax returns and documents.

 

[DeniseM]

I would take it to someone else - this business sounds shaky.

 

[WinniWoman]

I would take it to someone else - this business sounds shaky.

She has been in business since 2001 supposedly. You would think she would at least have the admin call and say- something like "it might be another month or so, I am busy with XYZ" Something like that.

But nothing.

 

[DeniseM]

She could be ill, some kind of family issue, could be lots of things. Or maybe caring for someone? Or maybe she is in rehab - could be so many things.

 

[WinniWoman]

She could be ill, some kind of family issue, could be lots of things. Or maybe caring for someone? Or maybe she is in rehab - could be so many things.

Yes. True. My husband was saying that. But you would think they would at least say something to that affect or be honest and say due to unforeseen circumstances she will not be able to complete your returns so you can pick up your paperwork on such and such days/hours. Then I could bring them somewhere else. Geesh....

 

[DeniseM]

Maybe the circumstances are tragic, or embarrassing, and she wants it kept confidential, but she needs the income so she is trying to keep up, but is falling behind.

 

[WinniWoman]

Maybe the circumstances are tragic, or embarrassing, and she wants it kept confidential, but she needs the income so she is trying to keep up, but is falling behind.

Maybe. I will stop there tomorrow and see what is going on if the door is not locked. If I don't get anywhere I am not sure what else to do. She has my tax returns and I will need them back one way or another.

 

[WinniWoman]

I did find her email address and sent her an email now as well. If I do not get a response I will try to FAX a note to her and if still no response I guess I night have to file a complaint with the CPA board?

 

[WalnutBaron]

Your plan of action is exactly what I would do. You've been patient, polite, and persistent. I would definitely pay a visit to the office just to see what's going on and whether regular office hours are even being kept. If you continue to get stonewalled, you'll need to elevate the situation to notify state authorities, though that should be considered a last resort.

You might also check the business on the Better Business Bureau website. It's free to check.

 

[WinniWoman]

Your plan of action is exactly what I would do. You've been patient, polite, and persistent. I would definitely pay a visit to the office just to see what's going on and whether regular office hours are even being kept. If you continue to get stonewalled, you'll need to elevate the situation to notify state authorities, though that should be considered a last resort.

You might also check the business on the Better Business Bureau website. It's free to check.

I did go on the BBB site but she is not listed there. I typed in her name and then tried with her company name and nothing.

I am hoping it doesn't get to the point of having to file any complaints that's for sure.

 

[Talent312]

I dunno if this would apply to CPA's in that state, but in some states, CPA's, attorneys and other licensed professionals are required to designate a fellow professional as a stand-by in case of death, disability or disappearance, to "inventory" and close out files. IMO, more states need to adopt this practice.

.

 

[Passepartout]

Mary Ann, you have my sympathy, for feeling that you've been ignored in your time of need. Here's another view. You were a steady client for several years. But then you decided to take the DIY approach to this professional service. Now, several years after removing yourself from her client list, you reappear, with work that will take her time, on files she didn't prepare, and doesn't have in her computer.

I'm not a mind reader, but could see how a professional office might find other work to stay busy.

Good Luck. I hope you're able to complete the task at hand.

Jim

 

[WinniWoman]

Mary Ann, you have my sympathy, for feeling that you've been ignored in your time of need. Here's another view. You were a steady client for several years. But then you decided to take the DIY approach to this professional service. Now, several years after removing yourself from her client list, you reappear, with work that will take her time, on files she didn't prepare, and doesn't have in her computer.

I'm not a mind reader, but could see how a professional office might find other work to stay busy.

Good Luck. I hope you're able to complete the task at hand.

Jim

Actually I was never a steady client. I only used her once in 2011-the one where she made the mistake that is actually the error on all the returns going forward- until this last time to do an amended 2013 return- which she did get done and I submitted and already got my refund. And now I have brought 2014 and 2015 to be amended for the same issue. I am not expecting her to prioritize my returns. I realize they are small potatoes in terms of fees to her.

However- I do think it is rude not to return phone calls or reply to an email. Why can't she or her assistant respond to simply say it will be a couple of more months, or I'm on vacation, or I have an family emergency, or whatever the heck it is??

In any event, I went to the office today. The entire building was locked and it was after 9am. I could see papers in the window of her upstate office. There was a car in the parking lot (evidently I found out not hers). I rang the door bell- not sure if it even worked. I tried knocking. Nothing. I tried calling. Just the same old voice mail. Her husband's engineering and landscaping office is downstairs in the building- but closed also. Was furniture in the waiting room. I tried calling HIS phone number and left a message on HIS voice mail. Nothing. He also has a voice mail through her voice system and I left a message on that as well.

I went next door to another building where there are atty's. I asked the front desk person if she knew anything- this is a small town so I thought maybe they heard something. She didn't- but she took my phone number. Then I called the local realtors' office. Turns out the realtor I spoke with actually sold her and her husband their house! She said it all sounded strange and even checked with her father who is a long time business man in the village. He hadn't heard either, but the realtor took my phone number also and was going to ask her accountant if he knew anything.

Well- the plot thickens. I am so far nowhere with this. To me, if she is unable to do the returns at least tell me and I could pick them up and bring them elsewhere. Remember- she has all my documents, receipts, etc.- all the originals and my 2 years original tax returns- I didn't make copies- it would have been way too much stuff to copy. I never even would have thought to do it anyway. No reason to think it would be an issue.

 

[geekette]

I'm with you, there is no excuse for no communication. it's unfortunate that you now have to become stalker, something easily headed off by giving you truth and realistic expectations. They have failed spectacularly. Even a delicate private matter can be ignored with just "she can help you x day at y time".

Exasperating!

I would at this point be looking for a regulatory body in the state or whatever jurisdiction. Could be you will need to compel them to give you your stuff. You have given them plenty of time, no need to waste more of yours. Go over their heads if you can and do it now. If something shady is going on, you do not want your original documents held in some evidence claim on everything in that office.

Don't mean to be alarmist, but this is bad business. You should not have to go to these lengths. Your mission is to recover your files, come what may to those holding them. I do not know what channel to take, there are options before small claims court, but that would get their attention. Could get you a fast phone call, and all your paperwork, especially if these are good people being clumsy rude professionals. Docs in hand, suit dropped, move on with life.

Good luck, do keep us posted. I keep wanting to think they are good people that hit a bad patch somehow but they do not seem to be acting that way. No more benefit of the doubt, no more being nice (I generally picture you as polite but firm, if this is true, much more firm with polite optional; rudeness unthinkable even in countering rudeness). They had opportunity to clear this up and for whatever reason have chosen not to. In the extreme unlikelihood that they are in some serious trouble on other matters, apply double pressure to gain possession of not only the originals you provided them, but electronic copies of everything they have on you and whatever other paper they keep on you. Everything. I would also ask they delete electronic files after you have cd of them. You aren't going back and something is wrong here so get deleted if you can. You can't remove yourself from previous backups but away from instant access is good enough and more safety net than you need. If you ask to be deleted from system, you also have to ask to watch it be deleted.

Once I am pushed to be a pain in the butt customer, I am extra painy. Politely, yet firm on exactly what they must do to get me to go away. I don't care what they think about me since what I think about them is probably much worse. It's amazing what can be accomplished by an immovable force standing in front of a desk giving an unyielding steely glare. Eat your Wheaties, give em hell...

 

[WalnutBaron]

Mary Ann, it doesn't sound good. Whatever is happening, I see all kinds of red flags based on what you learned during your visit this morning. I do think it's time to file a report with the state authorities. You definitely need to be able to recover your personal documents and records. You might also consider filing a police report, since this person is in possession of your documents and has been unresponsive to your many appeals to allow you to recover them.

As I am sure you are aware, time is of the essence. I wouldn't be surprised if they are preparing to skip town, though that is pure speculation on my part.

 

[geekette]

Mary Ann, it doesn't sound good. Whatever is happening, I see all kinds of red flags based on what you learned during your visit this morning. I do think it's time to file a report with the state authorities. You definitely need to be able to recover your personal documents and records. You might also consider filing a police report, since this person is in possession of your documents and has been unresponsive to your many appeals to allow you to recover them.

As I am sure you are aware, time is of the essence. I wouldn't be surprised if they are preparing to skip town, though that is pure speculation on my part.

Seems you are getting that negative vibe as well. We've gone past "weird" into "suspicious".

Police report sounds like a good idea, they may indeed assist in gaining entry and possession, whether office occupants like it or not.

If at all possible, go to the police station in person vs phone call. It will help to see that you are a normal person living a normal life and maybe just once in the conversation you mutter something like "I do hope they are ok, they seemed like nice people...."

Not sure what gets cop attention, but potential for an unfound crime or trauma with someone lying injured or worse might spur action to check it out. Maybe silly (and I apologize to police everywhere), but having 2 reasons for the police to go to that office is better than one reason that may not seem important to them as it seems no crime committed and not sure they would see grievous issue from your situation.

My wild imagination says there is wrongdoing that a cop needs to happen across and get curious about, but they can't get their spidey sense up if they don't go into that office and observe its people. Getting your stuff is the key goal, getting to the bottom of what is really going on isn't really your problem, but sure would be interesting.

 

[wackymother]

Do you have copies of your paperwork, or do they have the only copies? If you can just go to another CPA, I would.

 

[vacationhopeful]

In my area, there is an information counter with a clerk who provides info at the county court house ... ask to see if any court actions have been filed AGAINST either her or her husband or her legal practice. Or judgments entered. Or foreclosure on business name. Even evictions on the business address(es).

Bankruptcy is a federal court action.

 

[1st Class]

You've made more than a good faith effort to work with this CPA. It would make me uneasy knowing that I've handed off irreplaceable tax materials to someone who isn't only not following through but behaving in an unethical manner. Filing a complaint with the State Attorney General's Office will most likely get results fast. It's easy and painless and complaint can be filed online here. Just follow instructions on the form. I used this recently to obtain a refund from a merchant who like your CPA refused to answer the phone or e-mails. Good luck.

 

[WinniWoman]

So- here's the latest. I stop at her office this afternoon on my way back home from work. (She and her husband own this building- it is an old one- an they have had an "Office Space for Rent" sign up for months now. She and her husband use the same office which is upstairs).

That same car is parked in the lot, but now there is also another car parked close to the front door. There is now a lock box on the front door, but the door is open! I assume that maybe the lock box was put on for a realtor to show the office space. (But strange I assume they did not use the realtor I spoke with this morning who sold them their house because she would have told me). I go upstairs and the light is on in the office, but that door is locked, but then a man comes and opens the door. It is the husband!

I tell him what has gone on and he doesn't respond to anything I say other than that he is engineering and doesn't really know what goes on in the accounting business. He looked in a cabinet where supposedly completed returns were - just a couple there to see if mine was there but no go. He said it really would be best for me to call tomorrow and speak with the assistant.

Again I explain that she doesn't know anything and never calls me back. I explain the CPA never calls me back and didn't respond to my email. He did say that he thought that was odd! LOL! OMG!

I tell him I even left a message on his voice mail. He says nothing. I tell him I am concerned.

No reassurance from him. Pleasant man and I was very nice hoping he would reveal something, but he didn't.

I will add that the office and front desk looked fairly normal. He was making copies on the copy machine. It wasn't like things were in boxes being packed up to suggest going to leave anytime very soon. Then again- that was just the front desk area.

I am so bad at this! I left and called my husband from the parking lot. When I pulled out I realized the CPA's husband had left in his car without me noticing.

 

[WinniWoman]

Do you have copies of your paperwork, or do they have the only copies? If you can just go to another CPA, I would.

I do not. It would have been way too much to copy- 2 years of tax returns- all the statements and receipts and everything. I had no reason to believe I would need to anyway.

Funny- I was thinking-when I went to her back in 2011 when my mom passed- the mistake she made was exactly the reason I used her instead of doing the return myself because it had to do with the RMD from my mom's beneficiary IRA! After I left that day, I realized I could have done the returns myself- that I knew what I was doing and now just spent $300- but chalked it up for peace of mind. So then it turns out she made a mistake with it! How ironic is that?

I essentially lost about $500 on the return she made the mistake on- that was due me from NYS. Too late to file amended for 2011. Then another $500 from the one I did in 2012- too late to file an amended on that one as well.

I got $500 back on the 2013 one she just did, and am expecting another $1000 from the 2 from 2014 and 2015 she is holding hostage- if they ever get filed.

 

[WinniWoman]

Thanks everyone for your input. Great responses. So very much appreciated!

My next move is going to be to go there again tomorrow and see if the assistant is there as the CPA's husband said it was good to try to call her tomorrow between 8 and 12:30 and 12:30 and 4-( huh? Isn't that basically 8-4?).

If she is not there I will attempt to call and try to pin her down more. If I don't get anywhere, I think I am going to wait until I get back from our 1st vacation of the year which will be the last week of June (we are leaving 6/17-next Saturday). At that point if nothing has changed- I will make one more call and stop and then file a complaint and police report if I have to.

I just don't want added stress right now as I want to be able to ease into our vacation and enjoy it. I am stressed enough about flying and everything.

If I start something now, I will be in the throws of it right before and on vacation.

This is just so unbelievable to me. I wish someone could have taken a picture of my face when I saw that lock box! LOL!

 

[bogey21]

Can you get copies of your 2014 and 2015 Returns from the NYS Tax Dept. If so can you use your copy of the Amended 2013 Return she prepared for you as a guide and file Amended Returns for 2014 and 2015 yourself?

George

 

[WinniWoman]

Can you get copies of your 2014 and 2015 Returns from the NYS Tax Dept. If so can you use your copy of the Amended 2013 Return she prepared for you as a guide and file Amended Returns for 2014 and 2015 yourself?

George

I am not sure. I am hoping not to have to do it myself as I really don't have a lot of time and it's summer and all- busy on weekends and vacations coming up- work fills my weekdays, etc. That is another reason I gave it to her to do in the first place.

But- yes- that is an option. But I still want all my documentation back. My statements and receipts and w-2's and all the back up stuff that supports the returns. Important papers! Ugh- I get stressed just thinking about it.

I would think I need the back up documents if I were to have another CPA do it.

 

[Jan M.]

Thanks everyone for your input. Great responses. So very much appreciated!

My next move is going to be to go there again tomorrow and see if the assistant is there as the CPA's husband said it was good to try to call her tomorrow between 8 and 12:30 and 12:30 and 4-( huh? Isn't that basically 8-4?).

If she is not there I will attempt to call and try to pin her down more. If I don't get anywhere, I think I am going to wait until I get back from our 1st vacation of the year which will be the last week of June (we are leaving 6/17-next Saturday). At that point if nothing has changed- I will make one more call and stop and then file a complaint and police report if I have to.

I just don't want added stress right now as I want to be able to ease into our vacation and enjoy it. I am stressed enough about flying and everything.

If I start something now, I will be in the throws of it right before and on vacation.

This is just so unbelievable to me. I wish someone could have taken a picture of my face when I saw that lock box! LOL!

Red flags are waving all over the place! Proceed with contacting the authorities with no further delay. Time is very likely of the essence at this point.

The husband never gave any explanation of what is going on nor did he attempt to call his wife to see if she knew where your files could be found. In fact it sounds like they are in the process of vacating the property. They are married and share office space but he offered no explanation and was actually evasive if you think about it. Why would you waste anymore time talking to the assistant? It is already clear she can't or won't tell you what is going on and obviously something is.

Don't go into your vacation with this hanging over your head. Procrastinating will only make the situation worse and cause you more stress in the end. If your records are returned to you and there are some extenuating circumstances you can offer an apology if you feel it is warranted but the only apology I see needed is the one that is owed to you. You will enjoy your vacation so much more knowing you've turned this over to the authorities. And at this point that may be your only chance to retrieve your stuff.