PENNER v. HOFFBERG OBERFEST BURGER & BERGER


44 A.D.3d 554 (2007)

844 N.Y.S.2d 229

ARNOLD S. PENNER, Appellant, v. HOFFBERG OBERFEST BURGER & BERGER et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 25, 2007.


Plaintiff's cause of action seeking to recover the fees he paid to other accountants in connection with audits of his 1994, 1995 and 1996 tax returns was properly dismissed. We find that the "potential for abuse and mistake" in plaintiff's tax returns was "red-flagged" to the IRS not, as plaintiff claims, by defendants' alleged malpractice in taking improper losses and deductions in his 1994 tax return, but by the errors in, and resulting audit of, the 1994 tax return of...

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