Niko234
Alexandria,#2Consumer Comment
Tue, March 26, 2013
Nice try however, as a professional the burden of proof lies on you to prove the consumer false. The judge was correct in his decision. Using the excuse of a "1st year tax prep person" is not valid when performing a service. I am sure if you offered evidence that the consumer had lied then you would have won a favorable judgement. Offering excuses which is all I see leads me to believe that the OP's accusation's were true. In addition, if what you claim is true you can appeal the decision.
Liberty Tax Franchise Owner
Prescott Valley,#3REBUTTAL Owner of company
Tue, March 19, 2013
After trying on several occations to have the customer allow us to contact the IRS to reduce the fees and penalties on his behalf, and an offer of refund of tax prep fees as stated in our gaurantee, the customer refused our help and filed a civil suit. At that time all offers of refund of fees and/or penalties ceased until the judgement was issued. I have accrued interest until the judgement is paid in full. There is no time limit set by the court as to when it must by paid in full.
When the books are closed at the end of the season, or before, the customer will get the money that the judgement states I must pay. In good faith I tried to remedy the situation by direct conversation with the customer, through the BBB, and mediation. The customer lied to the 1st year tax preparer, and ultimately I (the owner) became responsible for the fees and penalties he knows he owes the IRS, and stated he knew he owed, because the Judge felt that as a professional I should have been able to protect the consumer from his own lies.
Which in this case was not possible. As a tax preparers, rather than CPAs or Tax Attorneys, we are obligated to include only what we have as official documents. By doing what we were obligated to do, not having a corrected form from the bank in question, when the customer changed his mind, the customers taxes were later increased at no fault of ours. Please feel free to constructively respond to this rebuttal or call my office direct for more information.
Kimberley Casey-McComack
Liberty Tax Service
Prescott and Prescott Valley, AZ
928-775-4135