United States First Circuit

In suit alleging defendant negligently advised plaintiff to file amended corporate and personal tax returns that had the effect of substantially increasing the principals' tax liability and destabilizing the company, summary judgment for defendants is affirmed, where: 1) the three-year statute of limitations applies to bar plaintiffs' tort and contract claims; 2) plaintiffs' unfair trade practices claim is not time-barred, however, this claim is deficient because plaintiffs have proffered no evidence showing that the defendants' advice increased their tax liability above what they will owe once their new accountant fully accounts for reconverting the transfers into loans; and 3) the district court did not abuse its discretion in declining to award defendant fees.

Appellate Information

• Decided 02/01/2013
• Published 02/01/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel