Samuel Johnson 360x1000
2jesusandjohnwayne
Learned Hand 360x1000
lifeinmiddlemarch2
storyparadox2
6albion
George M Cohan and Lerarned Hand 360x1000
199
Office of Chief Counsel 360x1000
Brendan Beehan 360x1000
Margaret Fuller5 360x1000
2transadentilist
2defense
lifeinmiddlemarch1
11albion
2confidencegames
2gucci
2trap
James Gould Cozzens 360x1000
Edmund Burke 360x1000
10abion
storyparadox3
1trap
Thomas Piketty2 360x1000
Margaret Fuller1 360x1000
Maurice B Foley 360x1000
8albion'
4confidencegames
Thomas Piketty3 360x1000
6confidencegames
Stormy Daniels 360x1000
14albion
1lookingforthegoodwar
7confidencegames
3theleastofus
2lafayette
1falsewitness
Mary Ann Evans 360x1000
Thomas Piketty1 360x1000
Betty Friedan 360x1000
2falsewitness
1jesusandjohnwayne
1transcendentalist
5albion
Susie King Taylor2 360x1000
1albion
5confidencegames
13albion
1gucci
3albion
11632
399
2albion
Anthony McCann1 360x1000
2lookingforthegoodwar
Gilgamesh 360x1000
1lauber
AlexRosenberg
1lafayette
Margaret Fuller 2 360x1000
Adam Gopnik 360x1000
Lafayette and Jefferson 360x1000
4albion
LillianFaderman
1madoff
Margaret Fuller4 360x1000
299
1confidencegames
Mark V Holmes 360x1000
Tad Friend 360x1000
Spottswood William Robinson 360x1000
1paradide
1theleasofus
499
Margaret Fuller 360x1000
3confidencegames
George F Wil...360x1000
3paradise
Storyparadox1
Margaret Fuller2 360x1000
1empireofpain
Maria Popova 360x1000
3defense
2theleastofus
Susie King Taylor 360x1000
1defense
Margaret Fuller3 360x1000
12albion
Richard Posner 360x1000
2paradise
7albion
Ruth Bader Ginsburg 360x1000
Anthony McCann2 360x1000
9albion

Originally published on Forbes.com Apr 12th, 2013

Ever send an e-mail to your CPA asking him if he wants to have lunch at your favorite restaurant at a particular time and get a response like this:

Sure.
In accordance with applicable professional regulations, please understand that, unless expressly stated otherwise, any written advice contained in, forwarded with, or attached to this e-mail is not intended or written by __________to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code.

You can blame Circular 230 for that.  Circular 230 is the IRS document that governs practice before the IRS.  It is very bad to run afoul of it.  Realistically, there probably is not much chance that you would argue that because your CPA was willing to have lunch with you, you should be able to avoid penalties, but you can never be too careful, so something like that is probably embedded in 90% of the emails that go out of CPA and law firms.

Some practitioners violate Circular 230 in much more spectacular ways.  Given the imminence of the due date the IRS has chosen to highlight one of them in this announcement. Here are some of the highlights:

The Internal Revenue Service today announced that its Office of Professional Responsibility (OPR) obtained the disbarment of Certified Public Accountant Anthony A. Tiongson for charging unconscionable fees, giving irresponsible advice to clients and making false statements to federal and state authorities, among other things.

Other than that Mrs. Lincoln, how did you enjoy the play ?

In a Final Agency Decision, the Administrative Judge (ALJ) disbarred Tiongson on March 1. The ALJ found that Tiongson’s advice to clients to use Form 2555 to treat California earned income as foreign source income on at least fifty-two tax returns, constituted disreputable conduct under Circular 230, and his failure to research the legitimacy of the filing position specifically violated the Circular’s due diligence standards.

So if I decide to try that with Massachusetts, I better do some research first.  My guess is that it won’t work on the East Coast either.

The ALJ also found that Tiongson violated Circular 230 by engaging in a pattern of delaying IRS examination and collection actions by repeatedly raising numerous frivolous arguments, long-rejected by the IRS and by case law. Tiongson’s litigation threats against IRS employees, as part of client settlement proposals, were also determined to be violations.

Gee, I never thought of threatening to sue agents as part of my audit strategy.  It doesn’t strike me as a good idea, anyway.
I always knew there must have been something important about Treasury Circular 230 besides eating bandwidth by padding millions of e-mails.  Now we really see it in action.

You can follow me on twitter @peterreillycpa.