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

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.