Lawyers understand that tax is a niche practice area with unique characteristics. Its distinguishing factors include not only the technical complexity of the discipline, but also the heightened ethical standards to which practitioners must adhere.

In addition to the ABA Model Rules and the ethics codes of the individual states, tax lawyers are subject to IRS Circular 230 and must understand the various potential penalties set forth in the Internal Revenue Code. For opinion practice, tax attorneys must also look to the relevant Treasury Regulations. These additional sources of ethical authority give rise to complex considerations that non-tax lawyers do not encounter.

This CLE course will survey the ethical regime governing tax lawyers, then identify and address challenging fact patterns that attendees are likely to encounter in practice. First, the presentation will provide an in-depth examination of Circular 230. Second, the presentation will analyze tax-specific ethical issues, including tax opinions, tax shelters, preparer penalties, and accuracy penalties. Third, the presentation will address how tax lawyers can ethically navigate issues arising from estate planning, qualified intermediaries, and artificial intelligence. Finally, the presentation will review cases and scenarios to illustrate the real-world application of ethics rules and highlight best practices.