Attorney-at-Law

“NOT SO DEEP AS A WELL NOR SO WIDE AS A CHURCH-DOOR”

In Uncategorized on 12/11/2015 at 14:36

Judge Pugh takes the words out of poor Mercutio’s mouth and delivers them to Nonparty Witness James A. Robinson, CPA, delimiting the stretch of the Section 7525 confidentiality cloak.

Read all about it in Jerry L. Cypress & Diane T. Cypress, Docket No. 7939-12L, filed 12/11/15.

Jas. A CPA claims that what he told IRS is covered by the privilege, and his client hasn’t waived it, so he refuses to Branerton and clams up at the depo.

Judge Pugh says she’ll deal for now with a few of the questions Jas A CPA ducked, and will tackle the rest if, as and when further rulings are required.

But as for ducking whether he told an AO that his clients got the SNOD, and ducking whether or not he filed the Form 12153 which bears his signature as Agent, that’s not protected by anything.

“The communications between Mr. Robinson and the IRS, the adversary of his client in this proceeding, are not protected by this provision (or any other privilege of which we are aware). Privilege likewise does not attach to any documents or information provided to Mr. Robinson with the expectation that such information would be shared with the IRS as there is no expectation of confidentiality as to that information.” Order, at p. 2. (Citations omitted).

So, Jas A CPA, return to the depo and spill, consistent with this order.

Oh, and Clerk, send a copy of the order to Jas A CPA at the address shown on IRS’ motion papers. Keeping addresses from the prying public eye is a good idea.

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