CPA Exam Lab
Section 1: 10–20%R3

Legal Duties and Liability of Tax Practitioners

Exam Insight

The exam tests how far an accountant's liability reaches — to clients, to known third parties, or to anyone foreseeable — and the sharp contrast between the 1933 Act (no reliance or negligence to prove) and the 1934 Act (scienter required). The limited §7525 privilege and working-paper ownership round out a high-yield topic.

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What AICPA Wants You to Know

  • 1Identify an accountant's common-law liability to clients for breach, negligence, and fraud
  • 2Contrast the privity, foreseen-user (Restatement), and reasonably-foreseeable third-party standards
  • 3Apply Securities Act of 1933 §11 liability and the due-diligence defense
  • 4Apply Securities Exchange Act of 1934 §10(b)/Rule 10b-5 and the scienter requirement
  • 5Explain the limited §7525 tax-practitioner privilege and its exceptions
  • 6State who owns working papers and key Sarbanes-Oxley implications