Market Basket sues tax prep company

Kelly Holleran Aug. 6, 2011, 11:33am

A grocery store has filed suit against its tax accountants, alleging it was forced to lose out on a tax credit after the accountants waited too long to file amended tax documents.

Retail Investors of Texas, doing business as Market Basket, alleges it hired Tax Recovery Systems and The Tax Credit Processing Center to file an amended tax return in 2011 for the 2006 tax year.

Market Basket believed its filing deadline to be April 15, so under the direction of the defendants, it filed the taxes on April 14, according to the complaint filed July 27 in Jefferson County District Court. However, IRS denied Market Basket's request for a refund because it had filed its application eight days too late, the suit states.

"Contrary to their material representations to Market Basket that it would have no financial risk, the Defendants claim that they are owed a fee of 33% for the tax credit which was disallowed by the IRS," the complaint says. "There is no verbal or written agreement between Market Basket and the Defendants which would require Market Basket to pay a contingent fee for a tax credit which has been disallowed by the IRS."

In its complaint, Market Basket alleges the defendants violated the Deceptive Trade Practices Act by representing that services of a particular standard when they are of another, by advertising services without the intent to sell them as advertised and by failing to disclose information known at the time of the services.

In its complaint, Market Basket is seeking actual damages, pre- and post-judgment interest, attorneys' fees, costs and other relief the court deems just.

Ray B. Jeffrey and A. Dannette Mitchell of Jeffrey and Mitchell in Bulverde will be representing it.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E190-582

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