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Final Exam - Take Home Ethics Question 1


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Final Exam - Take Home Ethics Question
Final Exam - Take Home Ethics Question 2


Question 1


Whether CPA Frank has responsibilities to inform Brandon of the overcharge in the tax

matters


       As American Institute of Certified Accountants, (2009), puts it, CPA Frank Wells has

the responsibility to inform the client who is Brandon about the true status of the accounts in

respect to the tax positions. This is because the taxing authorities which include AICPA and

SSTS have specific disclosure and reporting standards that are supposed to be followed by

the members. The file tax return of the tax payer is supposed to be complete, correct and true

for the taxation system to work effectively. The third party or the tax practitioner has

responsibilities both to the tax payer and to the tax system.


       As stated by Statement on Standards for tax Services No. 6, (2000), a member who

may be the practitioner representing the client or a third party provider is supposed to

promptly report to the tax payer if he becomes aware of an error in the tax returns that were

previously filed. The corrective measures should be recommended by the member to the

taxpayer. Based on this, CPA Frank has the responsibility of informing Brandon about the

error that he has found and the client will know that he is being overcharged by the attorney

for his deceased grandmother’s estate. This is because the value of the total estate will

reduced after the error is corrected and the payment to the attorney will reduce.


Question 2 – Multiple potential ethic issues that exist with the client situation


       According to Ethics Ruling no.1 under AICPA Code of professional Conduct rule 301,

(2006), the practitioners for the taxation matters are supposed to be aware of their obligation

which includes safeguarding the data of the client as a requirement of the federal law. Before

disclosing any information to a third party, the practitioners are supposed to perform due
Final Exam - Take Home Ethics Question 3


diligence. The third party provider who is to be provided with the information of the client is

supposed to be able to protect non-public information that belongs to a client.


       As illustrated by AICPA Code of Professional Conduct, (2011), the practitioner who

acts on behalf of the client is supposed to have a contract between him and the third party

provider and the contract should contain appropriate provisions that protect the privacy of the

client. The practitioners are advised to take precautions and make sure that no confidential

information is released through the outside services provided. In our case, the tax attorney

hired a new CPA Frank Wells for the services and he sold the information about tax to a third

party. This was against the ethics because there was no contract agreement between them to

maintain the secrecy of the information.


       Under Rule 201, of the AICPA Code of Professional conduct, the professionals who

deal with the tax matters are supposed to perform all services with professional care and due

professional competence. The services provided are supposed to be accurate and complete.

As suggested by Desmond, (2002), section 230 contains a rule of due diligence to the conduct

of the practitioners. The conduct that was covered by the rule includes the tax advice which

may be oral or written. There are rules and conduct that are contained in Circular 230

concerning the preparation of tax returns. The person who is preparing the tax returns is not

supposed to use the outcome of any position to charge the fee for preparing an original return.

A client is supposed to be charged an unconscionable fee by the practitioner for

representation.




References
Final Exam - Take Home Ethics Question 4


AICPA Code of Professional Conduct, Rule 301, (2006), ET section 391.001–.002, (Online),

Available from http://www.aicpa.org/Research/Standards/CodeofConduct/Pages/et_391.aspx

Viewed on 17 May 2011


AICPA Code of Professional Conduct, (2011), (Online), Available from

http://www.aicpa.org/INTERESTAREAS/INFORMATIONTECHNOLOGY/RESOURCES/

PRIVACY/FEDERALSTATEANDOTHERPROFESSIONALREGULATIONS/AICPACOD

EOFPROFESSIONALCONDUCT/Pages/default.aspx. Viewed on 17 May 2011


American Institute of Certified Accountants, (2009), Statement on Standards for Tax Services

(Online), Available from,

http://www.aicpa.org/InterestAreas/Tax/Resources/StandardsEthics/StatementsonStandardsfo

rTaxServices/DownloadableDocuments/SSTS,%20Effective%20January%201,%202010.pdf

Viewed on 17 May 2011


Desmond, M, J., (2002), Opinion Standards for Tax Practitioners Under

U.S. Department of the Treasury Circular 230. (Online), Available from

http://www.itdweb.org/documents/Desmond.pdf. Viewed on 17 May 2011


Tax Executive Committee, (2000), Statement on Standards for tax Services No. 6, (Online),

Available from,

http://www.aicpa.org/InterestAreas/Tax/Resources/StandardsEthics/StatementsonStandardsfo

rTaxServices/DownloadableDocuments/SSTS%202000-2009.pdf Viewed on 17 may 2011

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Final Exam Ethics Question Take-Home

  • 1. Final Exam - Take Home Ethics Question 1 Running Head: Final Exam - Take Home Ethics Question Final Exam - Take Home Ethics Question Customer inserts his/her name: University name: Final Exam - Take Home Ethics Question
  • 2. Final Exam - Take Home Ethics Question 2 Question 1 Whether CPA Frank has responsibilities to inform Brandon of the overcharge in the tax matters As American Institute of Certified Accountants, (2009), puts it, CPA Frank Wells has the responsibility to inform the client who is Brandon about the true status of the accounts in respect to the tax positions. This is because the taxing authorities which include AICPA and SSTS have specific disclosure and reporting standards that are supposed to be followed by the members. The file tax return of the tax payer is supposed to be complete, correct and true for the taxation system to work effectively. The third party or the tax practitioner has responsibilities both to the tax payer and to the tax system. As stated by Statement on Standards for tax Services No. 6, (2000), a member who may be the practitioner representing the client or a third party provider is supposed to promptly report to the tax payer if he becomes aware of an error in the tax returns that were previously filed. The corrective measures should be recommended by the member to the taxpayer. Based on this, CPA Frank has the responsibility of informing Brandon about the error that he has found and the client will know that he is being overcharged by the attorney for his deceased grandmother’s estate. This is because the value of the total estate will reduced after the error is corrected and the payment to the attorney will reduce. Question 2 – Multiple potential ethic issues that exist with the client situation According to Ethics Ruling no.1 under AICPA Code of professional Conduct rule 301, (2006), the practitioners for the taxation matters are supposed to be aware of their obligation which includes safeguarding the data of the client as a requirement of the federal law. Before disclosing any information to a third party, the practitioners are supposed to perform due
  • 3. Final Exam - Take Home Ethics Question 3 diligence. The third party provider who is to be provided with the information of the client is supposed to be able to protect non-public information that belongs to a client. As illustrated by AICPA Code of Professional Conduct, (2011), the practitioner who acts on behalf of the client is supposed to have a contract between him and the third party provider and the contract should contain appropriate provisions that protect the privacy of the client. The practitioners are advised to take precautions and make sure that no confidential information is released through the outside services provided. In our case, the tax attorney hired a new CPA Frank Wells for the services and he sold the information about tax to a third party. This was against the ethics because there was no contract agreement between them to maintain the secrecy of the information. Under Rule 201, of the AICPA Code of Professional conduct, the professionals who deal with the tax matters are supposed to perform all services with professional care and due professional competence. The services provided are supposed to be accurate and complete. As suggested by Desmond, (2002), section 230 contains a rule of due diligence to the conduct of the practitioners. The conduct that was covered by the rule includes the tax advice which may be oral or written. There are rules and conduct that are contained in Circular 230 concerning the preparation of tax returns. The person who is preparing the tax returns is not supposed to use the outcome of any position to charge the fee for preparing an original return. A client is supposed to be charged an unconscionable fee by the practitioner for representation. References
  • 4. Final Exam - Take Home Ethics Question 4 AICPA Code of Professional Conduct, Rule 301, (2006), ET section 391.001–.002, (Online), Available from http://www.aicpa.org/Research/Standards/CodeofConduct/Pages/et_391.aspx Viewed on 17 May 2011 AICPA Code of Professional Conduct, (2011), (Online), Available from http://www.aicpa.org/INTERESTAREAS/INFORMATIONTECHNOLOGY/RESOURCES/ PRIVACY/FEDERALSTATEANDOTHERPROFESSIONALREGULATIONS/AICPACOD EOFPROFESSIONALCONDUCT/Pages/default.aspx. Viewed on 17 May 2011 American Institute of Certified Accountants, (2009), Statement on Standards for Tax Services (Online), Available from, http://www.aicpa.org/InterestAreas/Tax/Resources/StandardsEthics/StatementsonStandardsfo rTaxServices/DownloadableDocuments/SSTS,%20Effective%20January%201,%202010.pdf Viewed on 17 May 2011 Desmond, M, J., (2002), Opinion Standards for Tax Practitioners Under U.S. Department of the Treasury Circular 230. (Online), Available from http://www.itdweb.org/documents/Desmond.pdf. Viewed on 17 May 2011 Tax Executive Committee, (2000), Statement on Standards for tax Services No. 6, (Online), Available from, http://www.aicpa.org/InterestAreas/Tax/Resources/StandardsEthics/StatementsonStandardsfo rTaxServices/DownloadableDocuments/SSTS%202000-2009.pdf Viewed on 17 may 2011