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Counsel’s engagement of the accountant should be in writing, and should indicate that the accountant is acting under the direction of counsel in connection with counsel’s rendering of legal services to the client, communications between the accountant and the client are confidential and are made solely for purposes of enabling counsel to provide legal advice; the accountant’s work-papers are held solely for counsel’s use and convenience and subject to counsel’s right to demand their return; and the accountant is to segregate their work papers, correspondence and other documents gathered during the course of the engagement and designate such documents as property of counsel.

The critical inquiry is often whether counsel should retain the taxpayer’s prior accountant or a new accountant.

Engagement of the accountant by counsel should extend the attorney-client privilege to advice rendered by the accountant pursuant to the engagement.[ix] Although Internal Revenue Code §7525 extended common law protections of confidentiality to tax advice rendered between a taxpayer and a federally-authorized tax practitioner (accountants, etc.

to the extent such communications would be considered privileged if they occurred between a taxpayer and counsel), this statutory privilege only applies to non-criminal tax matters before the IRS and non-criminal tax proceedings in federal court.

If the IRS is able to prove that with clear and convincing evidence you acted fraudulently, the IRS may issue penalties upwards of 75%, in addition to other penalties for other related matters – as well as a potential referral the IRS Special Agents at the Department of Criminal Investigations. In order to make it palpable to you (while keeping you awake), we will use examples to break it down into various topics as provided in the IRS IRM (Internal Revenue Manual) evidence to prove that some part of the underpayment of tax was due to fraud.

In the case of a joint return, intent must be established separately for each spouse as required by IRC 6663(c) .

The fraud of one spouse cannot be used to impute fraud by the other spouse.

The method of operating a business (i.e., lack of internal controls, dealing in cash, etc.) may be indicative of improperly filed tax returns.

The initial contact by the IRS examiner provides the opportunity to obtain valuable information, which may not be readily available later.

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“Ordinary business care and prudence” do not demand such actions.[viii] SENSITIVE ISSUE TAX EXAMINATIONS.

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