Return Preparers Under IRS Scrutiny: Exercising Due Diligence, Badges of Fraud, Recent Cases

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Tax Preparer
- event Date
Thursday, February 10, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
110 minutes
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BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.
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BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
This course will identify what actions could make a tax return preparer the target of an IRS investigation. Our authoritative panel will discuss situations that may result in fraud referrals and review current and notable cases against tax return preparers to provide steps tax professionals can take to reduce the chances of being investigated by the IRS.
Faculty

Mr. Elber, a Member in Caplin & Drysdale's Washington, D.C., office, has more than 20 years of experience representing clients in civil and criminal tax controversies. His practice is broad, ranging on the civil side from IRS examinations, Appeals matters, collections and proceedings in federal court while on the criminal side handling both administrative and grand jury tax investigations. With considerable experience in offshore compliance matters for U.S. taxpayers, Mr. Elber has assisted hundreds of clients with their voluntary disclosures and income tax and FBAR penalty exams related to unreported foreign bank accounts.

Ms. Wiley’s practice focuses on assisting clients to come into compliance with their U.S. tax obligations and advising U.S. taxpayers on all types of civil and criminal tax controversy matters at the federal and state level.
Description
The IRS' budget shortfalls and increased Congressional scrutiny into the agency’s affairs have led to an increased focus on enforcement and collection actions by the IRS. The IRS is touting its use of data analytics to identify trends and flesh out noncompliant taxpayers. The results of these initiatives will likely include a close look at the conduct of the tax advisers and professionals involved. This heightened focus on fraud, non-filers, and material advisers should make every tax practitioner wary.
Some tax adviser actions that are subject to IRS scrutiny are clear. Promoters of specific abusive tax shelters are being pursued and held accountable. However, what often seem like simple collection and civil matters can quickly escalate to referrals for criminal investigations. Practitioners need to familiarize themselves with the badges of fraud included in the Internal Revenue Manual, as these should be the basis for due diligence and considered for any client subject to an IRS examination. The list of tax adviser sanctions includes return preparer and promoter penalties and injunctions, OPR sanctions for violations of Circular 230, and even criminal charges. Tax practitioners need to understand how to stay off the IRS' radar.
Listen as our panel of IRS tax controversy experts discusses specific actions that could warrant a tax preparer investigation, indications an examination may become a criminal matter, and exercising due diligence during clients' IRS examinations.
Outline
- The Internal Revenue Service's current focus on tax preparers
- Civil examinations and penalties
- Criminal examinations and penalties
- Material advisers and promoters
- Actions by tax professionals that draw the IRS' attention
- Exercising due diligence
- Recent and notable cases
Benefits
The panel will review these and other key issues:
- What are the fraud indicators outlined in the Internal Revenue Manual?
- What are specific tax practitioner activities known to draw IRS scrutiny?
- What signs indicate a client's examination may become a criminal matter?
- When does the IRS' focus shift from the taxpayer to the preparer?
- What tax preparer sanctions are available to the IRS?
NASBA Details
Learning Objectives
After completing this course, you will be able to:
- Identify indications of fraud listed in the Internal Revenue Manual
- Determine how unscrupulous preparers draw the attention of the IRS
- Decide steps to take before any client examination
- Ascertain signs that a client examination may be a criminal matter
- Field of Study: Taxes
- Level of Knowledge: Intermediate
- Advance Preparation: None
- Teaching Method: Seminar/Lecture
- Delivery Method: Group-Internet (via computer)
- Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
- Prerequisite: Three years+ business or public firm experience preparing complex tax forms and schedules, supervising other preparers or accountants. Specific knowledge and understanding of individual income taxation, including itemized deductions, individual income tax credits, net operating loss limitations including carrybacks and carryforwards.

Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.

Strafford is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
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Unlimited access to premium CPE courses.:
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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- Best for legal, accounting, and tax professionals
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