In preparing a tax return of a second taxpayer, the firm may use, and may disclose to the second taxpayer
in the form in which it appears on the return, any tax return information that the tax return preparer obtained
from you if the second taxpayer is related to you, and your tax interest in the information is not adverse to
the second taxpayer's tax interest in the information. However, you may expressly prohibit such disclosure
or use. For these purposes, a taxpayer is related to another taxpayer if they have any one of the following
relationships: Husband and wife, child and parent, grandchild and grandparent, partner and partnership,
trust or estate and beneficiary.
The disclosure limitations do not apply to the order of any court of record, federal, state, or local; a
subpoena issued by a grand jury, federal or state; a subpoena issued by the United States Congress; an
administrative order, demand, summons or subpoena that is issued in the performance of its duties by any
federal agency, or a state agency, body, or commission charged under the laws of the state or a political
subdivision of the state with the licensing, registration, or regulation of tax return preparers; a written
request from a professional association ethics committee or board investigating the ethical conduct of the
tax return preparer; or a written request from the Public Company Accounting Oversight Board in
connection with an inspection under §104 of the Sarbanes-Oxley Act of 2002, or an investigation under
§105 of such Act, for use in accordance with such Act. The firm may disclose tax return information to an
attorney for purposes of securing legal advice; to an employee of the Treasury Department for use in
connection with any investigation of the tax return preparer (including investigations relating to the tax
return preparer in its capacity as a practitioner) conducted by the IRS or the Treasury Department; or to any
officer of a court for use in connection with proceedings involving the tax return preparer (including
proceedings involving the tax return preparer in its capacity as a practitioner), or the return preparer's client,
before the court or before any grand jury that may be convened by the court.
The firm may use your tax return information, or disclose the information to another officer, employee or
member of the firm, consistent with applicable legal and ethical responsibilities, who may use the tax return
information for the purpose of providing other legal or accounting services to you. As an example, an
accountant who prepares a tax return for you may use the tax return information, or disclose it to another
officer, employee or member of the firm, for use in connection with the preparation of books and records,
working papers, or accounting statements or reports for you. In the normal course of rendering the
accounting services to you, the accountant may make the tax return information available to third parties,
including stockholders, management, suppliers, or lenders, consistent with the applicable legal and ethical
responsibilities, unless you direct otherwise.
A tax return preparer's accounting firm does not include any related or affiliated firms. For example, if
accounting firm A is affiliated with accounting firm B, officers, employees, and members of accounting
firm A must receive a taxpayer's consent before disclosing the taxpayer's tax return information to an
officer, employee, or member of accounting firm B.
The firm may, consistent with the applicable legal and ethical responsibilities, take your tax return
information into account, and may act upon it, in the course of performing accounting services for another
client, or disclose the information to another officer, employee or member of the firm to enable that other
officer, employee or member to take the information into account, and act upon it, in the course of
performing accounting services for another client. This is permissible when the information is, or may be,
relevant to the subject matter of the accounting services for the other client, and consideration of the
information by those performing the services is necessary for the proper performance of the services. In no
event, however, may the tax return information be disclosed to a person who is not an officer, employee or
member of the accounting firm, unless the disclosure is exempt from the disclosure provisions.
If, after furnishing tax return information to the firm, the [trust or estate] becomes incompetent, insolvent,
or bankrupt, or its assets are placed in conservatorship or receivership, the firm may disclose the information
to the duly appointed fiduciary of such estate, or to the duly authorized agent of such fiduciary.