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November 2012

TSCPA Committee Responds to Circular 230 Proposed Amendments

This week, TSCPA's Federal Tax Policy Committee issued comments to the Internal Revenue Service (IRS) on proposed regulations to Circular 230 governing written tax opinions and other ethical standards for practice before the IRS. The committee seeks clarification of the competence definition in section 10.35 and suggests that Circular 230 presume CPAs, attorneys, and enrolled agents to be competent to practice before the IRS, based upon qualification under their own professions' standards. The committee is concerned that section 10.37 changes remove many of the "bright line" tests that establish the certainty for evaluating professional conduct and shift the burden of proof to practitioners. It also anticipates that rather than eliminating the boilerplate disclaimer language, practitioners will likely increase disclaimers in order to protect themselves from the broadening, vague and subjective standards.

Read the letter here.