Steinmetz v. Wolgamot

Illinois Appellate Court
Civil Court
Legal Malpractice; Fraud
Citation
Case Number: 
2013 IL App (1st) 121375
Decision Date: 
Monday, August 12, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD
Physician filed complaint alleging fraud and conspiracy and legal and accountant's malpractice, for tax penalties incurred as a result of his enrollment in a program touted as offering asset protection and tax savings. Court properly granted summary judgment based on failure to file within two year statute of limitations, which time period began to run when Plaintiff received notice of deficiency from IRS for two years he participated in program, which alerted him of injury and that it was wrongfully caused. Plaintiff did not reasonably rely on attorney's assurance that program was legal, after he received notice of deficiency. (HOFFMAN and DELORT, concurring.)