GARDNER'S TAX SVC MASSENA

Though we had heard several complaints from friends and family regarding their services, we had not had issues ourselves and so continued to utilize their services.  When filing our 2013 taxes, our preparer failed to file all the necessary forms resulting in our NYS taxes being withheld in the amount of nearly $2000.  We went back in the spring of 2014 and were given the correct form and sent that in to NYS.  We were subsequently told by the state that because the form had not been filed within a certain time frame relating to the filing of the taxes that we had no recourse and the funds would continue to be withheld.  Richard Gardner, the owner of the business, became very elusive and difficult to get in touch with.  When we finally were able to track him down, he maintained that the mistake was not his fault.  As of this morning, he continues to claim that "it's not my fault" and insists that he and his business is not responsible for the error.  We were informed that the preparer who filed our forms was fired from the company in February of 2014 due to incompetence and yet the business owner claims that the mistake that his employee made when filing our taxes, and the subsequent results of that error, are not his fault and that he is not responsible.  While he has offered to make phone calls, he never contacts us to share any results of these alleged calls and only speaks with us when we track him down on the one morning a week when he is at his office during the off season.  This morning we tracked him down, again, at his office.  His waiting room had nearly half a dozen other customers dealing with similar frustrations also waiting for him.  He briefly conversed in the waiting room, not in his office in private, and he continues to maintain, "It's not my fault!"  He shared that he was unable to accomplish anything with his telephone calls, and has nothing to say about having avoided contacting us or sharing information with us at any time other than when we physically track him down.  When we said we may seek legal counsel he continued to maintain his stance that his business is not responsible for it's mistakes.  We will be filing a claim against the business and it's owner.  When a business makes a mistake which causes harm to the customer, it should be understood that the business will make good on their services in whatever way possible.