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Ethics Q&A

Case of the Cat House Tax Return

Chuck Selcerby Charles Selcer, CPA
Schechter Dokken Kanter, CPAs

Originally published in the December 2008/January 2009 Footnote

Nicole Mine and Pete Bogg own 56 percent and 44 percent, respectively of Meuwiatt Hotels Inc., a chain of upscale feline boarding houses where the elite park their kitties when they are on vacation. Pete is not employed at the corporation but believes that Nicole is running personal expenses through the company. Therefore, Pete called Hans N. Franz, the company CPA, and asked for a copy of the corporate tax return.

Q:

Does Hans N. Franz have to provide the return to Pete?

A:

No. If Hans previously provided the tax return to Nicole, the majority shareholder, who was designated as the person to receive the tax return, he has no obligation to release the tax return to other shareholders. (See ET 591.377-378)


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