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Posted: February 11th, 2022
acct homework audit
Homework Week 02Directions
Let’s assume you determine to turn into a CFE (Licensed Fraud Examiner) at some point sooner or later. One of many roles you may turn into concerned with as a CFE is being an knowledgeable witness in a courtroom of regulation. For instance, the State Division of Income and even your native IRS workplace may want to retain you as an knowledgeable witness in a state or a federal particular person earnings tax fraud case. The State could want to interact you as an knowledgeable witness for the prosecution relating to the definition of what constitutes fraud in the sort of state of affairs.
The very first thing the State would want to do is to qualify you as a reputable, knowledgeable witness to the Court docket earlier than you are taking the witness stand. It’s important so that you can perceive the background of what the regulation defines as an knowledgeable witness earlier than you become involved in offering skilled providers like above.
Questions:
Analysis the Federal Guidelines of Proof, together with the Federal Rule of Proof 702, which addresses the admissibility of testimony and knowledgeable testimony in a courtroom of regulation. How would you summarize the Federal Rule of Proof 702 because it was preliminary handed by Congress in 1975?
As you may in all probability think about, the above definition relating to testimony and particularly what constitutes knowledgeable testimony has gone by the ringer within the Courts. The Supreme Court docket offered steering on the admissibility of knowledgeable testimony beneath Rule 702 in 1993. In your individual phrases, reply the next questions: What was the title of the Supreme Court docket case? Who have been the events within the case? What have been the details of the case? What was the problem? What was the ruling within the case? What was the reasoning offered to help the ruling of the case?
Lastly, there was disagreement after the above Supreme Court docket determination as as to if that call utilized to all knowledgeable testimony or solely to scientific testimony. So, what occurred to Rule 702 in 1999 and 2000 when the Supreme Court docket addressed this new difficulty associated to the precise definition of what constitutes knowledgeable testimony?
At present, what are the professions which are addressed by Rule 702 after all the above Court docket circumstances have been settled? Are accountants accepted as specialists in a courtroom of regulation in tax circumstances like I described above (sure or no)?
How would the prosecution go about qualifying you as an knowledgeable in earnings taxes within the case described? Be particular.
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