Accountants’ legal liability extends to actions of personal tax fraud and negligence as well as permitting and/or enabling the tax fraud of a client.
Income tax fraud is the willful attempt to evade tax law or defraud the I R S including when a client.
Intentionally fails to file a income tax return,
Willfully fails to pay taxes due,
Intentionally fails to report all income received,
Makes fraudulent or false claims in preparing the tax return,
Prepares and files a false return.
Holding Accountants Liable for Fraud
To hold accountants liable under common law, third parties must prove.
That the accountant made a false representation,
The accountant had knowledge or believed that the representation was false,
The accountant intended to induce the third party to rely on false representation,
The third party relied on the false representation, and,
The third party suffered damages.
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