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OPR Issues Guide to Sanctions for Violations of Rules (Tax News On The Tenth)
By Tim Hughes 2009-05-11
The IRS's Office of Professional Responsibility (OPR) has issued a guide to sanctions for violations of Circular 230 (rules concerning practice before IRS). The guidelines provide for progressive suspensions, up to and including disbarment, based on a practitioner’s mitigating or aggravating factors and the number of violations.
The OPR’s Sanction Guidelines provide guidance in determining the proper corrective sanction. It is not intended to establish an inflexible standard or imply that a greater or lesser corrective sanction is inappropriate. In meting out sanctions all relevant factors must be given careful consideration.
The Sanction Guidelines start with a reprimand or censure where the conduct is such that all that is necessary is to correct the improper behavior. Next a determination of suspension first for up to 6 months then a suspension up to 24 months may be appropriate when it is necessary to emphasize the severity of the practitioner’s violation. A suspension in excess of 24 months is appropriate where the misconduct indicates that the practitioner may be perpetrating an on-going harm to the public or where the misconduct indicates a lack of fitness to practice. Finally, disbarment may be sought for any violation where a suspension of at least 5 years is appropriate.
Please keep in mind that this is only a summary of recent guidelines. If your client has more substantial problems with the IRS or Illinois Department of Revenue please do not hesitate to call our office. Our office has been successful in helping taxpayers in front of the IRS for over sixteen years. If you have clients with IRS collection problems please call our office and ask for Jessie at (847) 705-7555 to talk to one of our tax attorneys and find out how we can help your client in front of IRS collections.
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