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

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.