Divorce -- Conflict of Interest

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  • Lion
    Senior Member
    • Jun 2005
    • 4699

    #1

    Divorce -- Conflict of Interest

    IF, and that's a big IF, I decide to prepare tax returns for both parties divorcing after a long separation, does anyone have any "conflict of Interest" forms you have had divorcing &/or divorced couples sign to CYA? I know I've seen this topic covered, but searches on "conflict of interest" didn't help and searches on "divorce" yielded overwhelming amounts of info not pertinent to this situation. If you know the link to a thread that's on topic, please share. And, if you've used a form, please, please share. Thanx.
  • DTS
    Senior Member
    • Jun 2005
    • 1852

    #2
    Lion

    Check your email.

    D

    Comment

    • Lion
      Senior Member
      • Jun 2005
      • 4699

      #3
      And...

      Am I even allowed to tell each that the other has asked me to prepare his/her taxes? Seems like a bit of a catch 22.

      Comment

      • AuditorTurnedGood
        Senior Member
        • May 2008
        • 326

        #4
        According to Circular 230, when dealing with this situation, each potential client needs to be informed of your desire to represent the other, and they both then have to sign off. Thus, they are going to know either way. The citation is section 10.29 of Cir 230. Dealing with this right now myself, and I think I might just forget the whole thing (one of the divorcing spouses is not exactly stable, and I gave up my base level paranoia when I quit auditing and put my actual address back onto my driver's license).
        "Congress has spoken to this issue through its audible silence."
        Anyone ever notice they beat the daylights out of the definition of a child, but they don't spend much time at all defining "parent"?

        Comment

        • Lion
          Senior Member
          • Jun 2005
          • 4699

          #5
          Thank you, all

          Thank you, Auditor -- or Ex-Auditor! My eyesight was getting blurry reading Circ. 230 to see what applies. I very well may tell the husband to go elsewhere. I prepared the wife's return already, HoH with their two children living with her. She's great, a long-time church friend, member of my husband's choir, and a brand new client this tax season. He's been out of town for years, out of work, out of the country, and now in NYC with his HIV-positive boyfriend after traveling the world partying with illicit substances and his newfound friends; not sure I want them in my home. I know that's not the Christian response, but I have a family to protect, also. And, as open as he's being on public blogs, he did admit to me that there's one thing he's not yet telling his children since he still might go to jail for it. I know which spouse I want to keep!

          Comment

          • AuditorTurnedGood
            Senior Member
            • May 2008
            • 326

            #6
            The things we get to know as accountants. To think, I gave up a psychology major to do something that didn't "Deal with people's emotions". I find myself just blinking in wonderment sometimes about what my clients feel compelled to tell me. Sounds like the husband has/had some identity issues.
            "Congress has spoken to this issue through its audible silence."
            Anyone ever notice they beat the daylights out of the definition of a child, but they don't spend much time at all defining "parent"?

            Comment

            • Lion
              Senior Member
              • Jun 2005
              • 4699

              #7
              Big Time

              Big time, to husband's identity issues! (He's the first to admit that on his public blogs!)

              Your psychology training must come in handy, though, in your tax practice. How many times do we do marriage counseling? I've had couples need to come in separately due to their very different attitudes toward money; if they came in together, they'd probably divorce or harm each other. And, counseling parents re paying for the wants of their adult children to the detriment of their own retirement accounts? Can't count how many times I've said, "There are college loans but no retirement loans." And, dealing with differing levels of risk aversion as we help clients wade through the possibilities for contributing to a FSA with it's use-it-or-lose-it provision or a 401(k) or...

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