Woman sues over tax preparation issues

By Kyla Asbury | Jul 20, 2011

WINFIELD – A Putnam County woman is suing Davis Tax Agency after she was audited by the Internal Revenue Service for delayed and inaccurate filings.

Pioneer West Virginia Federal Credit Union and D. Patrick Donahoe were also named as defendants in the suit.

In 1995, Crystal Tincher hired Davis Tax Agency to provide accounting and tax preparation and filing services for her and her businesses, according to a complaint filed June 30 in Putnam Circuit Court.

Tincher claims beginning in 2006, she began to notice delays in service, filings and other matters that had previously been performed in a satisfactory manner by Davis Tax Agency.

Upon inquiry, Tincher was told that Davis Tax Agency had been acquired by Pioneer West Virginia Federal Credit Union and was assured that her tax work would be performed in a satisfactory manner, according to the suit.

Tincher claims following this, the IRS commenced an audit for several tax years due to delayed and inaccurate filings and she was advised that numerous business records had been lost and were not available to use in preparation of the appropriate tax filings.

At some point later, Tincher was introduced to Donahoe, who advised her that he would work with the IRS to resolve the audit issues she was facing, as well as resolve other tax issues she was facing, according to the suit.

Tincher claims the defendants failed to resolve the issues and caused her to be endured a great deal of stress and anxiety, which resulted in her being hospitalized.

The defendants' negligent, careless and reckless manner directly caused Tincher to have numerous and substantial tax liens placed against her and her property; caused her to be assessed interest and penalties by the IRS, West Virginia agencies and other taxing authorities; and caused her to undergo severe stress, according to the suit.

Tincher is seeking compensatory damages. She is being represented by Robert Q. Sayre.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 11-C-183

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