Representation of Law Firms, Accounting Firms and Other Entities Before OPR
Former Senior OPR Enforcement Attorney Kevin E. Thorn Assists Firms and Professionals Facing Office of Professional Responsibility Investigations and Allegations
Certain conduct, such as promoting abusive tax shelters or aiding and abetting the understatement of a tax liability, can result in a tax preparer being referred to the IRS’s Office of Professional Responsibility (OPR). This Office will conduct an investigation and, if necessary, levy appropriate sanctions. Many other types of conduct can also result in a referral to the OPR for an investigation, especially if there is a pattern of violating rules and regulations governing tax preparers.
The rules and regulations that apply to anyone who practices before the IRS – including accountants and attorneys who provide any type of tax advice – are found in Circular 230. The Office of Professional Responsibility has broad jurisdiction over any professionals who are found to practice before the IRS, with the definition of “practice” including things like contacting the IRS on a client's behalf and submitting forms to the IRS on behalf of a client.
When a tax preparer is accused of violating federal regulations, it is not just that tax professional who can potentially face disciplinary actions. The law firm, accounting firm or other entity employing the tax professional may be subject to discipline as well. Because of the reputational damage, financial consequences and potential to be barred from practicing before the IRS, any firm facing potential discipline must recognize the serious legal issue threatening its future and should seek skillful legal assistance from an experienced tax defense attorney.
How Thorn Law Group Helps Financial and Legal Firms Avoid OPR Penalties
The Office of Professional Responsibility is an administrative agency, which means firms that are facing an investigation and potential discipline from the OPR will need to consult with an attorney familiar with how the agency works.
Kevin E. Thorn has not only represented firms who are under investigation or facing sanctions, but also has unparalleled experience in these matters – experience that can only come from working on both sides of the spectrum. Kevin E. Thorn was a Senior Attorney with the Office of Professional Responsibility, and he is currently the only attorney in private practice with this credential who is representing tax professionals, accounting firms, law firms and other entities at risk of being disciplined by the OPR.
If your firm wants the best chance of avoiding serious penalties like public censure, financial penalties up to the gross income derived from the wrongdoing and loss of the ability to provide tax advice to clients, contact Thorn Law Group as soon as possible so our tax attorneys can begin putting together the strongest defense on your behalf.
Eliminate Your OPR Concerns – Contact Thorn Law Group Today
When allegations of wrongdoing are referred to the OPR, the agency will investigate the matter and determine the likelihood that a violation of Circular 230 regulations has occurred. First, a pre-allegation notice is sent by the OPR, giving your firm an opportunity to provide documentation and evidence. The disciplinary process that follows can be a lengthy one, and can involve a hearing before an Administrative Law Judge, an appeal to the Treasury Appellate Authority and even an appeal to the U.S. District Court.
Throughout these proceedings, the government has extensive resources to conduct investigations to find proof of wrongdoing. Your firm needs an advocate who understands how the OPR operates and who can defend you and fight for your rights at every step. Let Thorn Law Group provide the help that you need during the entirety of the investigation and disciplinary proceedings. Give us a call today at (202) 349-4033 to find out how a tax preparer defense attorney can help you avoid serious OPR penalties.