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New York's Law Of Tax Malpractice Damages: Balanced Or Biased?, Jacob L. Todres

Jacob L. Todres

In this article Professor Todres focuses on two common elements of damages often incurred by plaintiffs who are the victims of negligently rendered incorrect tax advice—additional, avoidable taxes, and interest on underpaid taxes. Both of these types of damages appear not to be recoverable under current New York law that traces its roots to Alpert v. Shea Gould Climenko and Casey, 160 A.D.2d 67, 559 N.Y.S.2d 312 (1st Dept. 1990).

As to the non-recovery of additional taxes that could have been avoided with correct advice, Professor Todres argues that current New York law is incorrect. It is based upon Alpert, …

Recovery Of Interest On A Tax Underpayment Caused By A Tax Advisor's Negligence, Jacob L. Todres

Jacob L. Todres

No abstract provided.

Recovery Of Interest On A Tax Underpayment Caused By A Tax Advisor's Negligence, Jacob L. Todres

Jacob L. Todres

OUTLINE/ABSTRACT

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Part I 2 INTRODUCTION

Part II 4 RECOVERABILITY OF INTEREST ON A TAX UNDERPAYMENT —THREE VIEWS

Presentation and explanation of the traditional, majority view, allowing the recovery of such interest; the minority view, prohibiting the recovery of such interest; and the modern, intermediate view, permitting the recovery of such interest only when the plaintiff paid more interest than the interest earned by the use of the tax underpayment.

Part III 20 THE DEVELOPMENT AND STATUS OF THE THREE VIEWS

History of the development of each of the views leading to a tally of the states currently following each …

Tax Malpractice Damages: A Comprehensive Review Of The Elements And The Issues, Jacob L. Todres

Jacob L. Todres

ABSTRACT & TABLE OF CONTENTS

Tax Malpractice Damages: A Comprehensive Review Of The Elements And The Issues

Suits to redress instances of tax malpractice may be framed either in tort or in contract. While some ancillary aspects of the litigation may differ, a professional must exercise reasonable competence and diligence to avoid malpractice liability under either approach. The same basic standards apply to attorneys and accountants. Typically the tort of negligence will be the key to any recovery, though other causes of action are also encountered.

Damages are normally recoverable for all injuries proximately caused by the malpractice, consequential as …