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    PracticeCPA®CPA REG Practice Exam 3Question 02
    Hard1 markMultiple Choice
    Area I: Ethics & Tax ProceduresREGEthics

    CPA · Question 02 · Area I: Ethics & Tax Procedures

    A practitioner is representing a taxpayer in an IRS examination. The taxpayer has a 25% ownership interest in a partnership that is also being audited. The practitioner determines that representing both the taxpayer and the partnership would create a conflict of interest. Under Circular 230, the practitioner may continue to represent both parties only if:

    Answer options:

    A.

    The practitioner notifies the IRS of the conflict in writing.

    B.

    The representation is not prohibited by law and the practitioner obtains verbal consent from each client.

    C.

    The practitioner reasonably believes they can provide competent and diligent representation to each client, and each client waives the conflict in writing.

    D.

    The conflict does not involve a criminal investigation.

    How to approach this question

    Identify the three requirements for waiving a conflict: 1) Reasonable belief in competence, 2) Not prohibited by law, 3) Written informed consent.

    Full Answer

    C.The practitioner reasonably believes they can provide competent and diligent representation to each client, and each client waives the conflict in writing.✓ Correct
    Circular 230 §10.29 permits representation despite a conflict if the practitioner reasonably believes they can provide competent/diligent representation to each client, the representation is not prohibited by law, and each affected client gives informed consent, confirmed in writing.

    Common mistakes

    Assuming verbal consent is enough or that conflicts can never be waived.
    Question 01All questionsQuestion 03

    Practice the full CPA REG Practice Exam 3

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