Rick Gundlach, Esq. CPA
@hoofin.bsky.social
2.5K followers 1.3K following 3.4K posts
I am the US CPA who does US tax returns for Americans in Japan, based in Narita when I am not in Pennsylvania. A money progressive, I am also disappointed how things are now. Want to build Bluesky? Stop posting over there!
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hoofin.bsky.social
Since I joined Bluesky posting, I got an incredible number of followings from young women who ask me how I'm doing today. Almost as if a bot sent the question out. It's a very flattering feature of the site. But what I'm doing, if anything, is US tax returns! So I am faced with this dilemma. 2/
hoofin.bsky.social
Double Bonus: I didn't need to ask ChatGPT to begin with.
hoofin.bsky.social
Bonus: A statement made in public is NOT "confidential".
hoofin.bsky.social
•Confidentiality has limits: Rule 1.6 protects client confid, but it also contains carve-outs & is not an absolute license to assist fraud or perjury. The duty of candor & the duty not to facilitate unlawful conduct can require disclosure or other remedial measures despite confidentiality concerns.
hoofin.bsky.social
. . .AND requires disclosure of a material fact when necessary to avoid assisting the client’s criminal or fraudulent conduct, unless Rule 1.6 (confidentiality) forbids it. So a lawyer may not repeat or “disguise” a client’s perjured statement when dealing with a tax authority. 7/
hoofin.bsky.social
which, if necessary, include disclosure to the tribunal. That duty overrides client wishes in many situations.

• Truthfulness to third parties / administrative bodies: Model Rule 4.1 forbids a lawyer from making a knowing false statement of material fact to a third person 6/
hoofin.bsky.social
Why —

• Candor toward the tribunal / false evidence: Under ABA Model Rule 3.3 a lawyer must not offer evidence the lawyer knows to be false, and if the lawyer “comes to know” that material evidence is false the lawyer must take reasonable remedial measures — 5/
hoofin.bsky.social
If client gives (or intends to give) a statement under penalty of PJ that contradicts something the lawyer previously told a tax authority, lawyer cannot assist in the deception and must take remedial steps (which can include correcting the record or, in a courtroom, even disclosing the falsity). 4/
hoofin.bsky.social
ChatGPT said:
Thought for 12s
Short answer: no — a lawyer may not hide or knowingly disguise that fact.

3/
hoofin.bsky.social
Chat GPT gets asked:

if the client makes a statement under penalty of perjury, can the lawyer hide, disguise etc. that fact if the lawyer had previously told, say, a tax authority something different?

Answer in thread. #TaxBS #TaxSky

2/
hoofin.bsky.social
Feeling a little stoked here this afternoon, because, after just under four years of waiting, I finally am suing a client I did work for after she failed to pay my bill. Although she's in Japan, I determined her US domicile is Texas, and they have online filing. #TaxSky #TaxBS
hoofin.bsky.social
"Hey Tax Preparer / Fool! I am coming to you from out of nowhere with a RUSH RUSH RUSH request! The diversion is the RUSH, and I'm going to try and get you NOT to ask the follow-up questions or even to see a copy of last year's filing!"

I'm 60. Almost 61. This isn't my first rodeo.
hoofin.bsky.social
Staring at Empty Dropbox
Centered ‘round the same old crap
Staring at Empty Dropbox
Stalling and crybaby rages.
#TaxSky #TaxBS
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hoofin.bsky.social
No offense, but he is seen as a menace in the small tax practice community. Maybe a good fit at Baker Tilly.
hoofin.bsky.social
You said it, sister. Stacy, I am getting to where I can almost smell these people coming.
hoofin.bsky.social
I just feel like, within the next 120 hours, I am going to have to give the "PAY YOUR TAXES, ASSHOLE!" speech, at least once. It's feeling like that kind of Extension Tax Season. #taxsky #taxBS
hoofin.bsky.social
Dodged once again being caught up in someone else's felony tax evasion---this time with a foreign country (not Japan!)