Van Dyke v. Dunker & Aced

Opinion

THAXTER, J.

This professional malpractice action arises from erroneous income tax advice allegedly given by defendant accountants. Relying on the advice, the plaintiffs made a charitable contribution. When their income tax returns for the period were prepared and filed, they learned the advice was incorrect and they incurred taxes greater than expected. The trial court granted summary judgment for the defendants, concluding that the plaintiffs both discovered the negligence and suffered actual injury when they filed the tax return and paid their taxes. Because that occurred more than…