Stephen P. Gunby & Associates

The client came to us to set up an LLC with the intention of making an SCorp election for Federal and New Jersey purposesWe had an initial consultation with her to explain to her the benefits and pitfalls to the decision at which point the decision was made to proceedWe then collected the
retainer and filed the appropriate paperwork with the State and explained to the client that it would take approximately weeks for the State to complete the paperwork, at which point we would receive documents from them which would enable us to then obtain a Federal ID number for her, as well as prepare Federal and NJ S Corp elections and register her with the State of NJ for tax purposes ( NJ REG form prepared online )It was explained to her that she would then be asked to come in , sign the necessary documents, and we would answer any questions she had on how to operate going forward.Approximately three and a half weeks later, she was called and asked to set up an appointment to come in and sit with the President of the company to complete the paperworkShe was told that it would take approximately minutesThe client responded that she was " very busy" and that she thought from our initial meeting that all she had to do was "sign" and we would answer any questionsShe asked if she could pick up the binder ( which is approximately inches thick ) , review it, and call with any questionsShe was told that inside the binder would be the documents needed to be signed and mailed with envelopes to the appropriate government agencies - specifically for the S Corp elections to be filedShe picked up the binder and we assumed that she had followed the written instructions within the binderIn the mean time, we did some work for her on QuickBooks which she objected to the price - she still owes us $ on an invoice we discounted by 50% to try to assuage her concernsOver a year later she called us and said that she had filed her own SCorp returns and that the IRS had no record of her being an SCorpWe directed her to her binder where she advised us that she had neglected to look thru the binder and had never signed or mailed the appropriate paperwork within the binderThis is why she was never classified as an SCorp by the IRSThis was her negligenceShe couldn't be bothered to spend minutes to go over it and then she didn't follow thru and go thru the binder and sign and mail the documentsThere will be no refund or other allowance made to her based on her negligence

We set up dozens of these a year and have been doing them for years. We routinely sit with clients once the paperwork is completed. In fact, we encourage clients to sit with us, because operating as a corporate entity is completely different than operating as a sole proprietor – something Ms. [redacted] was told in the initial meeting as well. In fact, she was told in the initial meeting ( as all clients are ) that we would have a second meeting where she would sign the documents, and go over the next steps. We have never refused to sit with a client and [redacted] was no different. The bottom line is, this client, for whatever reason, couldn’t be bothered to sit with us to sign the paperwork and then failed to go thru the binder she picked up. A year later she filed her own corporate tax returns and the IRS rejected the returns because she hadn’t signed and filed the paperwork which was in the binder she picked up. Documents, which were clearly marked if she had bothered to look – or better yet, made the time like every other client who “hires a professional” as she mentions, to sit with us. Of course, she blamed us. If she had taken advantage of the time afforded to EVERY other client to whom we offer these services – and to whom these services were available to her if she had made her time available – this situation would not exist. If she had even taken the time to open the binder and take even a cursory look at the papers within the binder, this wouldn’t have happened. When the client called us to tell us the IRS was questioning her, she even admitted that there were “sign here” stickers where her name needed to be signed that she had not complied with because “ I thought  you had taken care of that” …we cannot sign her name to IRS documents. She was negligent. She showed up without an appointment to pick up the binder, didn’t want to come back to go over them , and then failed to review them properly even though there were clearly documents that needed attention ( “sign here” ). Now she wants to assign blame rather than take responsibility for her own negligence. This is a situation which is clearly entirely of her making. As far as the other billing issue, we only brought that up because we believe that is part of her angst over the situation. As to her assertion that she is living up to her part of that agreement that is a  complete fabrication as well. In October 2015, she was billed for various QuickBooks and other assorted work – after she complained about the original bill, we agreed to a total invoice of amount of $ 300 ( not because of the absurd reasons she states but more as an accommodation because she was a referral from a good client and we still had thoughts of turning her into a continuing client ) – which she agreed to pay off at $ 25 per month. Since that time, she has missed 3 of the 8 scheduled $ 25 monthly payments. In closing, there will be no accommodation made to Ms. [redacted]. As far as we are concerned we consider this matter closed. Any reasonable person reading this should be able to ascertain that as professionals we acted professionally in every possible manner and that this is simply an instance of a consumer who made a mistake and is now looking to deflect blame. We wish Ms. [redacted] well, but we will have no further response to this situation.

Complaint: [redacted]
I am rejecting this response because:This is not what happened. There was no follow up on any of those points. When I hired Mr. [redacted] I told him exactly what I was looking for and I explained that all of this was new to me. That's why I hired an expert. He came highly recommended by a friend.  Mr [redacted] forgot to set up my sales tax account which cost me a fine because it was sent in late. He did make a copy of accounts for me that did not work because I use a MAC. I clearly told him I use a MAC and not a PC.  As for the invoice for other projects Mr. [redacted] is talking about, we had a conversation about the price. When I told him I thought that the hours billed was high for a specific project he conceded that I might be correct and that is when he discounted the bill. We have a verbal agreement that I can pay if off each month which I'm keeping to. As a matter of fact, I just sent in my monthly payment and I have the proof of that through my bank account.At one point, Mr [redacted] told me that he was having personal issues and that he wasn't giving me the client care I deserve. No matter what happens here, Mr [redacted], was rude and disrespectful to me. When I recently called him to find out if the SCorp was filed because the government rejected my tax return, he shouted at me and hung up the phone. I have never shouted at him nor hung up.Whether Mr [redacted] decides to do right and refund some of my money is up to him. I didn't receive the service nor the care that I was promised.  
Regards,
[redacted]