IRS Circular 230 Requirements
|J. W. Krueger & Associates, L.L.C.
Attorneys at Law
|Telephone: (216) 403-7806
On June 21, 2005, the U.S. Treasury Department implemented rules relating
to the provision of written tax advice. Under these rules, we are required to
prepare a formal opinion that satisfies rigorous factual and legal diligence
standards if we provide you with tax advice which you can rely
requirements will subject us to potential penalties. Any advice that fails to
comply with the formal opinion requirements of the Treasury Department's
rules must include a disclaimer similar to the following:
Unless you specifically request an opinion from us that satisfies the
requirements of Internal Revenue Service Circular 230, you will see the
disclaimer stated above in most of our tax-related communications to you.
We will serve you to the best of our ability on these tax-related issues and
will provide you with advice that is both cost-effective and consistent with
your needs. While the required disclaimer does not diminish the legal
analysis that we undertake or the value of the applicable legal authorities, the
IRS will no longer allow you to rely on anything less than an opinion in
compliance with the requirements of Circular 230 for purposes of avoiding
Tax penalties generally apply in circumstances where the position you took
was successfully challenged. The existence of "substantial authority" may
eliminate or mitigate any penalties. The legal authorities discussed in our
communications may constitute "substantial authority." In the past, reliance
on an opinion of counsel has served as an independent ground for the
reduction or elimination of penalties. Now, unless written tax advice
satisfies the stringent requirements described in Circular 230 for a formal
opinion, it will not constitute such an independent ground for the reduction
or elimination of penalties.
Please discuss any situations with us where you might require formal
opinions and analyses for purposes of avoiding penalties. However, most
transactions and day-to-day legal advice you require such formal opinions.
Therefore, you can expect to see the above disclaimer in our written
communications, unless you specifically ask us for a formal opinion that
satisfies the requirements of Circular 230.
Do not hesitate to contact us if you have questions about this procedure.
"IRS Circular 230 Disclaimer. In accordance with IRS Circular
230, the content of this e-mail is not to be relied upon for the
preparation of a tax return or to avoid tax penalties imposed by
the Internal Revenue Code. If you desire a formal opinion on a
particular tax matter for the purpose of avoiding the imposition of
any penalties, please contact us to discuss the further Treasury
requirements that must be met and whether it is possible to meet
those requirements under the circumstances, as well as the
anticipated time and additional fees involved."
J. W. Krueger &
All rights reserved.