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Negligent Tax Advice An accounting firm was hired to perform bookkeeping services
for a small hotel client. The firm's engagement letter stated that the services to be
performed were limited to bookkeeping. The firm continued to service the client in
this capacity for the next 10 years, but never sent an engagement letter after the
first year. As a result of a tax audit, the client was required to pay
over $500,000 in interest and penalties. The client alleged that the firm provided faulty
tax advice. The firm contended that it never was engaged to provide tax advice as
evidenced by its 10 years engagement letter. The client alleged that the nature of the
services evolved over the 10 years and tax advice was offered. The firm settled the case by
paying $350,000 to the client. Given the absence of
an updated engagement letter, the client's "evolving services" argument was compelling.
Conflict of Interest An accounting firm performed audit services for ABC
Corporation and tax services for John Q. Different partners serviced these
clients. John Q. purchased ABC Corporation for $8.5 million.
It turned out that ABC Corporation was a bad investment. John Q.
alleged (1) that his neighbor, the tax partner at the accounting firm, provided him
with "strategic advice" regarding the acquisition in a conversation over
the fence; and (2) that the partner did not reveal negative information about
ABC Corporation because the firm had a conflict of interest. The firm denied representing
John Q. in this transaction. In the end, the firm paid John Q. $2.5
million.

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