Internal Revenue Bulletin:  2012-47 

November 19, 2012 

Announcement 2012-40

Announcement of Disciplinary Sanctions From the Office of Professional Responsibility


Table of Contents

The Office of Professional Responsibility (OPR) announces recent disciplinary sanctions involving attorneys, certified public accountants, enrolled agents, enrolled actuaries, enrolled retirement plan agents, and appraisers. These individuals are subject to the regulations governing practice before the Internal Revenue Service (IRS), which are set out in Title 31, Code of Federal Regulations, Part 10, and which are published in pamphlet form as Treasury Department Circular No. 230. The regulations prescribe the duties and restrictions relating to such practice and prescribe the disciplinary sanctions for violating the regulations.

The disciplinary sanctions to be imposed for violation of the regulations are:

Disbarred from practice before the IRS—An individual who is disbarred is not eligible to represent taxpayers before the IRS.

Suspended from practice before the IRS—An individual who is suspended is not eligible to represent taxpayers before the IRS during the term of the suspension.

Censured in practice before the IRS—Censure is a public reprimand. Unlike disbarment or suspension, censure does not affect an individual’s eligibility to represent taxpayers before the IRS, but OPR may subject the individual’s future representations to conditions designed to promote high standards of conduct.

Monetary penalty—A monetary penalty may be imposed on an individual who engages in conduct subject to sanction or on an employer, firm, or entity if the individual was acting on its behalf and if it knew, or reasonably should have known, of the individual’s conduct.

Disqualification of appraiser—An appraiser who is disqualified is barred from presenting evidence or testimony in any administrative proceeding before the Department of the Treasury or the IRS.

Under the regulations, attorneys, certified public accountants, enrolled agents, enrolled actuaries, and enrolled retirement plan agents may not assist, or accept assistance from, individuals who are suspended or disbarred with respect to matters constituting practice (i.e., representation) before the IRS, and they may not aid or abet suspended or disbarred individuals to practice before the IRS.

Disciplinary sanctions are described in these terms:

Disbarred by decision after hearing, Suspended by decision after hearing, Censured by decision after hearing, Monetary penalty imposed after hearing, and Disqualified after hearing—An administrative law judge (ALJ) conducted an evidentiary hearing upon OPR’s complaint alleging violation of the regulations and issued a decision imposing one of these sanctions. After 30 days from the issuance of the decision, in the absence of an appeal, the ALJ’s decision became the final agency decision.

Disbarred by default decision, Suspended by default decision, Censured by default decision, Monetary penalty imposed by default decision, and Disqualified by default decision—An ALJ, after finding that no answer to OPR’s complaint had been filed, granted OPR’s motion for a default judgment and issued a decision imposing one of these sanctions.

Disbarment by decision on appeal, Suspended by decision on appeal, Censured by decision on appeal, Monetary penalty imposed by decision on appeal, and Disqualified by decision on appeal—The decision of the ALJ was appealed to the agency appeal authority, acting as the delegate of the Secretary of the Treasury, and the appeal authority issued a decision imposing one of these sanctions.

Disbarred by consent, Suspended by consent, Censured by consent, Monetary penalty imposed by consent, and Disqualified by consent—In lieu of a disciplinary proceeding being instituted or continued, an individual offered a consent to one of these sanctions and OPR accepted the offer. Typically, an offer of consent will provide for: suspension for an indefinite term; conditions that the individual must observe during the suspension; and the individual’s opportunity, after a stated number of months, to file with OPR a petition for reinstatement affirming compliance with the terms of the consent and affirming current eligibility to practice (i.e., an active professional license or active enrollment status). An enrolled agent or an enrolled retirement plan agent may also offer to resign in order to avoid a disciplinary proceeding.

Suspended by decision in expedited proceeding, Suspended by default decision in expedited proceeding, Suspended by consent in expedited proceeding—OPR instituted an expedited proceeding for suspension (based on certain limited grounds, including loss of a professional license and criminal convictions).

OPR has authority to disclose the grounds for disciplinary sanctions in these situations: (1) an ALJ or the Secretary’s delegate on appeal has issued a decision on or after September 26, 2007, which was the effective date of amendments to the regulations that permit making such decisions publicly available; (2) the individual has settled a disciplinary case by signing OPR’s “consent to sanction” form, which requires consenting individuals to admit to one or more violations of the regulations and to consent to the disclosure of the individual’s own return information related to the admitted violations (for example, failure to file Federal income tax returns); or (3) OPR has issued a decision in an expedited proceeding for suspension.

Announcements of disciplinary sanctions appear in the Internal Revenue Bulletin at the earliest practicable date. The sanctions announced below are alphabetized first by the names of states and second by the last names of individuals. Unless otherwise indicated, section numbers (e.g., §10.51) refer to the regulations.

City and State Name Professional Designation Disciplinary Sanction Effective Date(s)
California        
Palm Desert Bonnheim, William S. Attorney Suspended by default decision in expedited proceeding under §10.82 (suspension of attorney license) Indefinite from August 28, 2012
Florida        
Gulf Breeze Hanley, Jane B. Enrolled Agent Suspended by consent for admitted violation of §10.51 (failure to timely file Federal individual income tax returns for tax years 2003, 2004, 2005, and 2006) Indefinite from July 25, 2012
Kentucky        
Paducah Christian, Charles E. Attorney Suspended by default decision in expedited proceeding under §10.82 (attorney disbarment) Indefinite from September 18, 2012
Massachusetts        
Southborough Uhl, Christopher M. Attorney Suspended by default decision in expedited proceeding under §10.82 (suspension of attorney license) Indefinite from July 31, 2012
Michigan        
Charlotte Carter Jr., David B. Attorney Suspended by default decision in expedited proceeding under §10.82 (conviction under 26 U.S.C. §7203, willful failure to file U.S. Income Tax Returns) Indefinite from September 13, 2012
Minnesota        
Mendota Heights Fairbairn, Jo M. Attorney Suspended by default decision in expedited proceeding under §10.82 (suspension of attorney license) Indefinite from September 24, 2012
Missouri        
Leasburg Basham, Angela D. Enrolled Agent Suspended by default decision in expedited proceeding under §10.82 (conviction under 26 U.S.C. §7206(2), aiding and assisting in the preparation and filing of a false income tax return) Indefinite from August 14, 2012
St. Louis Lowery, Martha L. Attorney Suspended by default decision in expedited proceeding under §10.82 (suspension of attorney license) Indefinite from August 9, 2011
New York        
Katonah Fecci, Eric J. CPA Suspended by default decision in expedited proceeding under §10.82 (convicted of failure to file a New York state personal income tax return) Indefinite from September 24, 2012
New Jersey        
Morris Plains Lewis, David A. Attorney Suspended by default decision in expedited proceeding under §10.82 (conviction under 26 U.S.C. §7206(1), filing fraudulent income tax return) Indefinite from August 15, 2012
Chester Williamson, Kevin P. CPA Suspended by default decision in expedited proceeding under §10.82 (conviction under 26 U.S.C. §7206, tax fraud) Indefinite from August 15, 2012
North Carolina        
Highlands Sossomon, Creighton W. Attorney Suspended by default decision in expedited proceeding under §10.82 (suspension of attorney license) Indefinite from August 9, 2011
Ohio        
Aurora Crow, Alan B. CPA Suspended by default decision in expedited proceeding under §10.82 (revocation of CPA license) Indefinite from September 24, 2012
Ripley Welti, Robert C. CPA Suspended by default decision in expedited proceeding under §10.82 (conviction under 26 U.S.C. §7212(a), attempting to obstruct or impede the due administration of the Internal Revenue Code) Indefinite from August 14, 2012
Oregon        
Saint Helens Bunn, Barbara Enrolled Agent Censured by consent for admitted violation of §10.51(a)(6) (failed to timely file Federal income tax return for tax years 2007, 2008, 2009, and 2010) Indefinite from July 13, 2012
Pennsylvania        
Minersville Troese Sr., Stephen J. Attorney Suspended by default decision in expedited proceeding under §10.82 (conviction under 18 U.S.C. §1343, wire fraud) Indefinite from September 10, 2012
South Carolina        
Bamberg Smith, Flint P. CPA Suspended by default decision in expedited proceeding under §10.82 (revocation of CPA license) Indefinite from July 30, 2012
South Dakota        
Box Elder Fitch, Nakata S. Attorney Suspended by default decision in expedited proceeding under §10.82 (suspension of attorney license) Indefinite from July 30, 2012
Virginia        
Richmond Smith, William O. Attorney Suspended by default decision in expedited proceeding under §10.82 (attorney disbarment) Indefinite from July 27, 2012

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