AbstractThis paper depart discuss a business fray between KPMG and the IRS. It will identify the ?legal issue in dispute? as well as the legal dish that was used to resolve the issue, and ?how that process fits into the court structure? (Augenstein). Then, it will explain the civil and illegal aspects of the dispute. The paper will ? par and contrast possible outcomes if the dispute could be heard in both a execrable and a civil persona?, while addressing the differences between these types of actions (Augenstein).
Dispute SummaryOn August 26, 2005, the Justice part and KPMG settled their long-running dispute over KPMG?s aggressive revenue enhancement shelters. After over seven years of legal battle, KPMG ?admitted to criminal tax fraud and agreed to pay $456 million in penalties? (Business Week). The giving medication is deferring prosecution and will drop the case later on Dec. 31, 2006 if ?KPMG stays out of the shelter business and cooperates with prosecutors in related to cases? (Business Week). If the case is dropped, KPMG will not be responsible for paying the hefty fine. Meanwhile, the government has also charged eight condition KPMG partners and an outside lawyer in the case, which ?is sure to send scandalize waves through the accounting and legal professions? by putting individuals on notice ?that they are no longer immune 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 sound care, knowledge, skill, and judgment when providing auditing and other accounting services to a thickening? (Cheesman). An accountant?s actions ?are measured against those of a reasonable accountant in similar circumstances? (Cheesman). Accountants are pass judgment to follow both generally accepted accounting principles (GAAPs) and...
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