O'BRYAN v. ASHLAND

Nos. 23596, 23609.

717 N.W.2d 632 (2006)

2006 SD 56

Doug O'BRYAN, Joni O'Bryan, individually and as Doug O'Bryan Contracting, Inc., Plaintiffs and Appellees, v. Bruce ASHLAND, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 21, 2006.


Attorney(s) appearing for the Case

Thomas H. Barnes, Stephen C. Hoffman of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, South Dakota, Attorneys for plaintiffs and appellees.

John K. Nooney of Thomas, Nooney, Braun, Solay & Bernard, Rapid City, South Dakota, Attorneys for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] In ordinary circumstances, when a tax advisor's negligence leads to an underpayment of tax, the taxpayer cannot recover as damages the tax deficiency itself because the tax liability arose not from the negligent advice, but from the ongoing obligation to pay the tax. An issue never before decided in South Dakota, however, is whether the taxpayer can recover from the negligent advisor the accrued interest the IRS charged on the delinquent...

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