AICPA Seeks CPAs for
Exam Panels
The AICPA is seeking
nominations for CPAs interested in sitting on one of four panels that will
re-examine the passing score of the new Uniform CPA Examination, CBT-e, which launches on January
1, 2011. The new exam introduces changes in exam content, format, and
structure. A review is required to ensure that legally defensible CPA exam
pass/fail decisions continue to be made in protection of the public interest.
The process will include convening four panels of CPAs—one for each
examination section—to prepare the groundwork for the passing score
decision by the AICPA Board of Examiners.
Panel Nominees
The AICPA is seeking nominations
for passing score panel membership. Nominees should be CPAs who:
• have been
licensed for 3 to 5 years,
• have supervised
entry-level CPAs during the past year,
• have NO
affiliation with CPA Examination review courses, and
• are willing to
participate in an August 2010 two-day meeting in
The selection of
panelists from among qualified nominees will be made to ensure broad
representation from all segments of the profession and demographic categories.
Panelists will receive training on their responsibilities as panel participants
at the August meeting.
Submitting Nominations
Nominations may be submitted online or faxed to (609) 671-2922. Nominee names and contact information may also
be emailed to passingscorepanel@aicpa.org. The information
collected about nominees will be used only for the purpose of selecting panel
participants.
The deadline for submitting nominations is March 31, 2010.
Scam E-mail Sends Malicious Software
to Recipients' Computers
In recent weeks, a phony e-mail claiming to come from the
IRS has been circulating in large numbers. The subject line of the e-mail often
states that the e-mail is a notice of underreported income. The e-mail may
contain an attachment or a link to a bogus Web page directing taxpayers to
their "tax statement." In either case, when the recipient opens
the attachment or clicks on the link, they download a Trojan horse-type of
virus to their computers.
Malicious code (also known as malware), of which the Trojan
horse is but one example, can take over the victim’s computer hard
drive, giving someone remote access to the computer, or it could look for
passwords and other information and send them to the scammer. The scammer will
then use whatever information they gather to commit identity theft, gain
access to bank accounts and more.
The IRS does not send unsolicited e-mails to taxpayers about
their tax accounts. Anyone who receives an unsolicited e-mail claiming to come
from the IRS should avoid opening any attachments or clicking on any links.
People can report suspicious e-mails they receive which claim to come from the
IRS to a mailbox set up for this purpose, phishing@irs.gov. Those who believe they may already
be victims of identity theft should find out what do by going to the U.S.
Federal Trade Commission's Web site, OnGuardOnLine.gov.
More information on e-mail scams may be viewed on How
to Report and Identify Phishing, E-mail Scams and Bogus IRS Web Sites and Suspicious
e-Mails and Identity Theft.
Responding to a Subpoena for
Client or Employer Records: Disclosure
of Confidential Client or Employer Records
(Please note that this article, published in the April 2008 issue of the Activity Review, supersedes all
previous articles on this topic.)
Is it ever acceptable to disclose confidential client or employer
information or records? 21 NCAC 08N .0205, Confidentiality, states,
“A CPA shall not disclose any confidential information obtained in the
course of employment or a professional engagement except with the consent of
the employer or client.”
How is this rule applied when a subpoena for client or employer
records is served on a CPA? 21 NCAC 08N .0205(b) requires that the
confidentiality rule must not be interpreted “to affect in any way the
CPA’s compliance with a validly issued subpoena or summons enforceable by
this Board or by order of a court.”
In accordance with the Rules of Civil Procedure, specifically Rule
45, a subpoena signed only by an attorney does not in and of itself compel the
disclosure of information held by a CPA which is subject to 21 NCAC 08N .0205.
Rule 45(c)(2) provides that “Nothing contained herein shall be
construed…to require any privileged communication under law to be
disclosed.” Furthermore, Rule 45(c)(4) allows that if a CPA objects to
the subpoena, then the CPA can only be forced to produce the documents
specified in the subpoena if the party seeking the information obtains an order
of the court.
A subpoena or summons issued by the NC Department of Revenue or
the IRS qualify under 21 NCAC 08N .0205(b)(7) as exceptions that do not require
that the CPA obtain written permission from the client or employer or an order
of the court to release the information or records to the Department of Revenue
or IRS. However, a CPA may disclose confidential client or employer information
without a subpoena if the CPA obtains written permission from the client or
employer prior to the disclosure of the records or information to a
third-party.
If you have questions regarding the disclosure of
confidential client or employer information, contact