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For each of the following scenarios, identify and apply the relevant Code or regulatory requirement (Nevada State Board of Accountancy, fiduciary) in responding to the
For each of the following scenarios, identify and apply the relevant Code or regulatory requirement (Nevada State Board of Accountancy, fiduciary) in responding to the question provided. All CPAs mentioned in the scenarios are Nevada CPAs.
- While preparing the tax return for her 75-year-old client, Reba White, CPA, noticed that her client would benefit from generating short-term capital gains on stock market index futures contracts. As a result, Reba recommended that her client purchase a particular investment fund. With her clients consent, Reba charged her a 5% management fee and deposited her clients large tax refund check directly into the investment fund. Soon thereafter, this investment lost more than 70% of its value when its fund manager was indicted for fraud. According to news reports, this unscrupulous fund manager previously had spent time in prison for securities fraud. Rebas client is now considering suing Reba for breach of fiduciary duty. Did Reba have a fiduciary duty with her client?
- Evan Nolan, CPA, prepared a casualty loss claim for his client, Ebenezer, which directed the insurance company to send the proceeds to Evans business address rather than to Ebenezers personal address. Evan provided Ebenezer with complete copies of all communications with the insurance company. Evan informed Ebenezer that his primary concern was to ensure safety of delivery and asset safekeeping because Ebenezer has been getting a little absentminded. When the insurance proceeds were received, Evan deposited the check into the firms account. Then, when Ebenezer requested the proceeds, Evan disbursed them within three business days. Has Evan violated any fiduciary duties?
- In preparing the tax return for Alfred and Gertrude Mann, Ebony Harris, CPA, noted that the couple set aside funds every year in a taxable account to provide for their childrens future college education. These funds are invested in a taxable account that earns a very low rate of interest. Ebony, who is also a licensed stockbroker, recommended to the Manns that they invest their funds in an actively managed, tax-advantaged Education Savings Account. The brokerage firm will also pay Ebony a standard 1% finders fee. Have any ethical standards been violated by Ebony?
- Your clients applied to the Reno Urban Authority to obtain a government-subsidized loan for starting a business in the Reno Downtown Business Improvement District and were approved. As part of the approval process, your clients submitted a statement of income and personal expenses. The Authority has now requested that the couple supply a copy of their last two years tax returns. They received an anonymous tip that your clients income was much bigger than they originally reported. Your clients did not respond .The Authority has obtained a subpoena for the tax returns (delivered to you). Your clients do not want to have to submit their tax returns. What are your obligations in this matter? (Note: You are a CPA with a public accounting practice.)
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