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James Denny, CPA

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Failure to communicate with general manager of LLC and book keeper of the LLC, follow accepted accounting guidelines & took direction from ex employeeAs of December 27, 2015, after many requests and several conversations with James D[redacted] CPA located at [redacted] Ave. Memphis, Tennessee, Yolanda W[redacted] (bookkeeper for Golf Nation, LLC dba Stonebridge Golf Club) and [redacted] (Member and General Manager of Stonebridge Golf Club), we have several concerns. First, Mr. D[redacted] was informed that Tim T[redacted] was an ex- employee of Stonebridge Golf Course dating back to March of 2014 and was not a Member of Golf Nation, LLC and held no position and has no authority as related to any matters involving Golf Nation, LLC and/or Stonebridge Golf Course. Mr. D[redacted] was informed by Yolanda W[redacted] that [redacted] was the General Manager and Tax Manager according to the Partnership Agreement and Operating Agreement as of date. Mr. D[redacted] has continued to be non- responsive to the request for the K-1 for [redacted] and refused to provide Golf Nation, LLC tax return for 2014. Mr. D[redacted] was advised of the errors by Yolanda W[redacted] prior to filing of the 2014Tax Return and was referred to the previous CPA and previous 2013 tax return prepared by Keith F[redacted]. Mr. F[redacted] was the CPA for Golf Nation, LLC and Mark L[redacted] many other businesses but left Mr. L[redacted] employment due to interpretation of the laws of accounting as required by the IRS. Copies of the filed 2013 K-1's and Golf Nation, LLC tax return showing the partnership split between [redacted] and Mark L[redacted] agreement if necessary.Tim T[redacted] also represents himself as a CPA working for Mr. D[redacted] and Golf Nation, LLC dba Stonebridge Golf Club giving directions to the Bank of Bartlett, customers of Stonebridge, vendors and suppliers. Mr. D[redacted] continues taking all directions from Mark Lovell and/or Tim T[redacted] at the expense of Golf Nation, LLC and [redacted].A letter was sent from Morton and Germany PLLC, ** N [redacted] #201, Memphis, TN XXXXX requesting copies of all communication, files, drafts, and any documents related to Golf Nation, LLC dba Stonebridge Golf Club with no response. If further information is needed from me or if you need confirmation of facts from Yolanda W[redacted] or Keith F[redacted], please feel free to contact me at (XXX) XXX-XXXX or [redacted] Bartlett, Tennessee XXXXXSincerely, [redacted]Desired Settlementcorrection to K-1 and Tax return and written applogizeBusiness Response I did communicate with company bookkeeper various times, including e-mailing afull copy of the LLC tax return including K-1's to her for delivery to the general manager. I called the General Manager several times & left messages, but it was a month or more before he called me back. He had the tax information prior to tax filing date.I took no direction from an ex-employee regarding information for preparation of the tax return. The information on the tax return came from the LLC OperatingAgreement and from the books & records of the company. I have no knowledge of any employee of the LLC representing himself as my employeewith the Bank of Bartlett, customers, vendors, or anyone else. I am an independentCPA with no authority concerning Golf Nation, LLC other than as paid income taxPreparer for the LLC.I did receive a letter from Morton and Germany, PLLC, and I replied to them in atimely manner, considering it was during the holiday season.Jim D[redacted]Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)Mr. D[redacted]'s response to the complaint is less than truthful. Yes, Mr. D[redacted] did have several conversations with the bookkeeper (Yolanda W[redacted]) of Golf Nation, LLC dba Stonebridge Golf Club the last week before filing the K-1s and Golf Nation, LLC Tax Return on the final day of September 15, 2015. Mr. D[redacted] was contacted by the bookkeeper of Golf Nation, LLC prior to filing and referred to the 2013 tax return and K-1 on September 15, 2015. This tax return shows the split ratio on profits and losses. The 2013 tax return and the K-1s were prepared by Mark L[redacted] employee and full-time CPA at the time. Mr. D[redacted] NEVER contacted or attempted to contact the General Manager and Tax Manager concerning the K-1s and Golf Nation, LLC tax return at any time. Mr. D[redacted] never asked for and was never provided with a copy of the LLC's Operating Agreement from the General Manager, Tax Manager, Bookkeeper of Golf Nation, LLC and/or by any authorized employee of Golf Nation, LLC. The copy of the K-1s and the tax return for Golf Nation, LLC that were provided by Mr. D[redacted] were stamped NOT TO BE FILED. I received a copy of the tax return and K-1 on December 31, 2015 at 11:59 a.m. after several requests, going to Mr. D[redacted]'s office and finally after Mr. D[redacted] received a formal letter from Morton and Germany PLLC. Mr. D[redacted] was notified November 3, 2015 that Tim Taylor was representing himself as the CPA for Golf Nation, LLC dba Stonebridge Golf Club. A letter from Morton and Germany, PLLC formally requesting all 2014 tax information belonging to or owing to Mr. [redacted], including copies of all documents used in the preparation of the 2014 K-I(s) and the 2014 tax return(s),and any other document touching, referencing, or concerning Golf Nation, LLC and/or Stonebridge Golf Club respecting the 2014 income tax return(s), to be sent to our office immediately. As of 01/19/2016, Mr. D[redacted] has not complied.So my question is, if the General Manager, Tax Manager, the official bookkeeper for Golf Nation, LLC dba Stonebridge Golf Club did not communicate any changes and Mr. D[redacted] was provided with the 2013 K-1s and Tax return as prepared by Mark L[redacted] employee and CPA, who authorized the change in the split of the profits and losses and who provided a copy of the Operating Agreement and who provided authenticity of this document.If further documentation is needed, I will provide information from Members meetings of the LLC, statements from witness, State of Tennessee laws requirements for a LLC, etc.Final Business Response 01/28/2016I was retained by Mr. Mark L[redacted] (Majority Owner) to prepare Golf Nation, LLC's 2014 income tax return, form 1065. I was contacted by the bookkeeper at Golf Nation about the ratio split for the members that was different from the split recorded on the 2013 tax return. I told her that the 2013 income tax return was not in agreement with the LLC Articles of Organization and Exhibit A which outlined the Sharing ratio, financial rights and governance rights ratios. I corrected the ratios on the 2014 tax return to be in compliance with the LLC Articles of Organization. I was provided a copy of the LLC Articles of Organization by Mr. L[redacted]. I provided Mr. L[redacted] the LLC tax return on or before the due date of Sept 15th that included a K-1 for distribution to both members. I got a call from Mr. [redacted] approximately October 2nd that he had not received his K-1 or copy of the tax return. A full copy was emailed to him at Golf Nation, LLC on October 2nd for use in preparing his personal tax return. The tax return copy was noted that it was not to be filed, because it had already been filed on the September 15th due date. His K-1 was included in that email. When I received a letter from Morton and Germany, PLLC, I responded that the tax return Ratios are in agreement with the LLC Organizational information which was the correct way to file the tax return. In addition, I also mailed and emailed an additional tax return copy at the same time. I understand that Mr. [redacted] as a minority owner has the right to inspect the books of Golf Nation, LLC, and I did nothing to impede that right. My work papers are my property and not subject to those rules. I prepared the 2014 LLC tax return correctly, according to the LLC Articles of Organization and Exhibit A of that agreement. Finally, Tim Taylor is not my employee, or a CPA, and if he is holding himself out as such, it is without any authority from me. If in fact he has done so, charges can be brought against him by the Tennessee State Board Of Accountancy.

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Description: Certified Public Accountants

Address: 5050 Poplar Ave Ste 1526, Memphis, Tennessee, United States, 38157-2114

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