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A professional can not be held liable for constructive fraud.​

A) True
B) False

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Norman is an accountant. Norman's violation of generally accepted accounting principles and generally accepted auditing standards​


A) ​does not indicate that Norman was negligent.
B) ​is prima facie evidence that Norman was negligent.
C) ​precludes Norman from raising any defense against a negligence claim.
D) ​is embarrassing but will never subject Norman to liability.

E) All of the above
F) None of the above

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Traditionally, a professional owed a duty to those with whom the professional had a direct contractual relationship to perform a service and to any third party who relied on that service.​

A) True
B) False

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An accountant cannot be held liable for a misstatement or omission of material fact in a registration statement.​

A) True
B) False

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Penalties for aiding or assisting in the preparation of false tax returns are limited to one penalty per taxpayer per tax year.​

A) True
B) False

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Commerce Bank files a suit against Drake, its former accountant, alleging constructive fraud. Drake may be held liable​


A) ​if Commerce Bank cannot prove actual fraud.
B) ​if Drake was grossly negligent in the performance of his duties.
C) ​only if Drake acted with fraudulent intent.
D) ​only if Drake impersonated someone who could be liable for fraud.

E) A) and B)
F) B) and D)

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Miriam is an accountant. Natalie is an attorney. Which professional is most restricted from disclosing her or his client's communication?​

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Most professionals are restrained by the...

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The Sarbanes-Oxley Act applies only to domestic public accounting firms that provide auditing services to "issuers."​

A) True
B) False

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Hernando, an accountant, helps Industrial Equipment & Supplies Company prepare and file a false federal corporate income tax return. Under the Internal Revenue Code, this is​


A) ​a felony punishable by a fine and imprisonment.
B) ​no violation.
C) ​a misdemeanor punishable only by a fine.
D) ​a civil violation subject to a liability suit but not a crime.

E) B) and D)
F) A) and D)

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Gift Company's liabilities exceed its assets. Gift hires Hill & Dale, an accounting firm, to prepare a balance sheet. Through negligent omissions, the sheet shows a net worth. Invest Bank relies on it to make a loan to Gift. When the firm defaults, the bank files a suit against Hill & Dale. Under the Restatement (Third) of Torts, Hill & Dale is most likely​


A) ​liable because Hill & Dale owed a duty of care to Gift.
B) ​liable because Hill & Dale owed a duty to any foreseeable user.
C) ​liable if Hill & Dale knew that the bank would rely on the balance sheet.
D) ​not liable because Hill & Dale and the bank were not in privity.

E) B) and C)
F) A) and B)

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Kiana can be described as "a reasonably competent general practitioner of ordinary skill, experience, and capacity." This is the normal standard for judging the performance of​


A) ​any individual.
B) ​an accountant.
C) ​an attorney.
D) ​a tax preparer.

E) B) and C)
F) A) and D)

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In some states, in the absence of privity, a party cannot recover from an accountant for negligence.​

A) True
B) False

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