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The Senior Partner of your Firm, S. Teddy Helm, has asked you to review each of the following actions and answer whether each action can
The Senior Partner of your Firm, S. Teddy Helm, has asked you to review each of the following actions and answer whether each action can result in suspension or disbarment from practice before the IRS under Circular 230. In providing your answer, you must provide the specific provision(s) of Circular 230, allowing or prohibiting the proposed action(s).
- Can the firm endorse our client's tax refund and deposit it into the client's account? Our client requested that we deposit it because the client was out of town.
- Can the firm represent two clients with conflicting interests? We reasonably believe that we can successfully represent both clients. Both clients have provided written consent as to the representation and the representation is not prohibited by law.
- One of the firms accountants noticed that one of his clients did not comply with an applicable revenue law. This noncompliance caused an error on the clients tax return. The accountant immediately informed the IRS of this error. He did not inform the client since his client was on vacation and the accountant did not want to bother her.
- Can we advertise our fees for an initial consultation and our hourly rates? All of these were reasonably based.
- One of our accountants received a fine for speeding through a school zone while on the way to the IRS office.
- Frank, a CPA who practices in the same our area, has obtained his clients by deceptive and misleading advertising. We have assisted Frank throughout the year in his practice. However, we did not know that Frank obtained his clients in violation of Circular 230.
- Can the firm charge a contingent fee in relation to an IRS examination of an original return?
- A fee dispute has arisen between our firm and one of our clients. We are withholding the client's records until the dispute is settled even though we did not prepare the document requested. The client needs the record requested to comply with his tax obligation.
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