Article Summary

Abstract

This newspaper impart discuss a business challenge between KPMG and the IRS. It exit identify the legal issue in dispute as well as the legal handle that was used to resolve the issue, and how that process fits into the court structure (Augenstein). Then, it will explain the civil and criminal aspects of the dispute. The paper will match and contrast possible push throughcomes if the dispute could be heard in both a criminal and a civil solecism, while addressing the differences between these types of actions (Augenstein).

Dispute Summary

On August 26, 2005, the Justice Department and KPMG settled their longrunning dispute everyplace KPMGs aggressive tax shelters. After over seven years of legal battle, KPMG admitted to criminal tax histrion and agreed to pay $456 million in penalties (Business Week). The political relation is deferring pursuit and will drop the case after Dec. 31, 2006 if KPMG stays out of the shelter business and cooperates with prosecutors in related 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 former KPMG partners and an outside lawyer in the case, which is sure to send shock waves through the accounting and legal professions by putting individuals on notice that they ar no longer immune to government prosecution (Business Week).



This paper will discuss the legal issues at the center of the KPMG dispute, centering on the legal processes of both the criminal and civil components to the case.

Accountants owe a duty to use reasonable care, knowledge, skill, and judgment when providing auditing and other accounting services to a client (Cheesman). An

accountants actions are thrifty against those of a reasonable accountant in similar mass (Cheesman). Accountants are expected to follow both generally accepted

accounting principles...

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