MILLER v. VOLK

No. 03-P-668.

63 Mass. App. Ct. 303 (2005)

BARRY R. MILLER & another v. ROGER L. VOLK.

Appeals Court of Massachusetts, Norfolk.

April 20, 2005.


Attorney(s) appearing for the Case

Kenneth C. Roy for the defendant.

Robert D. Loventhal for the plaintiff.

Present: ARMSTRONG, C.J., DREBEN, & KANTROWTTZ, JJ.


ARMSTRONG, C.J.

In August, 1991, Barry R. Miller, a medical doctor, established a personal service corporation entitled Barry R. Miller, M.D., Inc. (PSC). In April and October, 1996, respectively, Miller engaged the defendant, a certified public accountant, to prepare his 1995 individual and 1996 PSC tax returns. The PSC had a tax year ending July 31, 1996; the return was due October 31, 1996. In 1999, the Internal Revenue Service (IRS) audited the PSC's 1996 return...

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