Article SummaryBUS415: Business LawSeptember 5, 2005AbstractThis paper depart discuss a phone line dispute between KPMG and the IRS. It will identify the ? level-headed rejoinder in dispute? as well as the heavy process that was go ford to resolve the issue, and ?how that process fits into the court social system? (Augenstein). Then, it will explain the civilized and criminal aspects of the dispute. The paper will ?comp be and contrast possible outcomes if the dispute could be perceive in some(prenominal) a criminal and a civil incident?, while addressing the differences between these types of actions (Augenstein).
Dispute SummaryOn August 26, 2005, the nicety Department and KPMG settled their long-running dispute over KPMG?s battleful tax shelters. After over seven years of effectual battle, KPMG ?admitted to criminal tax fraud and agreed to pay $456 zillion in penalties? (Business Week). The government is deferring prosecution and will drop the case after Dec. 31, 2006 if ?KPMG stays out of the shelter business and cooperates with prosecutors in related cases? (Business Week). If the case is dropped, KPMG will not be liable for paying the hefty fine. Meanwhile, the government has also charged eighter from Decatur former KPMG partners and an outside lawyer in the case, which ?is sure to aim shock waves through the accounting and legal professions? by lay individuals on notice ?that they are no longer repellent to government prosecution? (Business Week).
This paper will discuss the legal issues at the center of the KPMG dispute, focusing on the legal processes of both the criminal and civil components to the case.
Accountants owe a duty to ?use reasonable care, knowledge, skill, and judgment when providing auditing and other accounting services to a client? (Cheesman). An accountant?s actions ?are measured against those of a reasonable accountant in similar circumstances? (Cheesman). Accountants are expected to follow both generally...
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