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Art of Accounting: Perception vs. reality for tax audit fees

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A little while ago I was with a friend who is long retired from his business. I don’t know what precipitated it, but he mentioned how his accountant overcharged him for the one tax audit his business ever had (in the 25 years he was in business). I was puzzled that he still remembered this and that it bothered him.

He explained that he felt the accountant did excessive preparation and wanted a ton of data that took quite a while to assemble. The accountant indicated that he might be able to settle the audit for about $20,000 and would target not having it cost more than that. The audit resulted in a “no change” and the fee charged was $8,000. This was about 25 years ago, so these numbers should reflect that they would be much higher today. He told me that he thought the accountant purposely scared him and had all the extra work done to justify the fee he charged.

I was shocked by this. I explained that the preparation the accountant did was likely the reason for the very favorable audit result. I also asked him if the result would have been an additional payment of $12,000 in tax, how would he have felt. He is very smart and a reasonable person. He thought about my question and replied that he probably would have felt good about the fee and result.

His reaction coincides with what I “learned” early in my career. My perception of my clients’ reactions was that they felt my fees were well earned when there was a tax due that was lower than anticipated, but there was always skepticism when there was a “no change.” For that reason, I always targeted a result that had a balance due that was lower than what the client expected, but not a no change. Further no changes led the client to feel they could have “gotten away” with greater deductions and that I was too conservative in what I did. 

I also acquired an outlook that it was important for clients to understand they needed to be responsible in how they conducted their tax reporting and not to try to “beat the system.” I can assure you that none of my clients ever paid more taxes than they were required to pay. At the same time, irrespective of how I managed the legalities of their reporting and taking advantage of every benefit and loophole they were entitled to as well as resolving every gray area to their advantage, they would still try to skirt the law with picayune, and sometimes ridiculous, deductions. I never helped them break the law and, when I noticed some of the more egregious things they did, I stopped it. 

I found out, from real experience, that small tax payments on an audit were much better for the client than a no change. And the client paid my fees more readily and cheerfully, not that this was my motivating factor.

As far as no change results, I had plenty, but they were when the audit involved issues about the application of certain parts of the tax law and not deductions the client was trying to get away with. As I write this, many experiences come to mind. The fees in every one of these situations were quite substantial and I never had the client upset about the fee. Instead, they thanked me for a job well done.

A takeaway is that delivering an invoice for any service, including a tax audit, is a marketing activity, and it cannot be assumed that the client understands the value. It must be explained and shown so the client appreciates the hard work and skill drawing on your knowledge and experience that was employed on their behalf. Work at this, and you will have happier clients and will also be happier. 

Do not hesitate to contact me at [email protected] with your practice management questions or about engagements you might not be able to perform.

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Accounting

20 states ranked by unemployment insurance taxes in 2025

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Complimentary Access Pill

Enjoy complimentary access to top ideas and insights — selected by our editors.

The Tax Foundation recently ranked the states with the most and least competitive unemployment insurance taxes in 2025. 

Delaware has the least expensive unemployment insurance taxes, having rate structures with lower minimum and maximum rates and a wage base approximately at the federal level. Delaware also has simpler experience formulas and charging methods, and has not complicated its systems with benefit add-ons and surtaxes. New Jersey has the most expensive unemployment insurance taxes.

Read more about the states with the most and least expensive unemployment insurance taxes in 2025 below. The Tax Foundation determines a score by examining each state’s rate structure and tax base, with 1 being the worst and 10 the best.

In 2020-2024, the rank of Washington, D.C., does not affect the rank of states featured.

Worst states for unemployment insurance taxes

2025
rank
State

2025

score

2024

rank

2023

rank

2022

rank

2021

rank

2020

rank

50 New Jersey

3.66

48

44

42

45

44

49 Hawaii

3.89

50

40

41

32

30

48 Rhode Island

3.91

45

46

47

48

47

47 Massachusetts

3.97

49

47

49

49

49

46 Nevada

4.00

47

48

48

47

48

45 Alaska

4.00

44

50

50

50

50

44 Washington

4.00

46

49

46

44

41

43 Illinois

4.20

43

42

39

43

42

42 Minnesota

4.31

42

45

45

42

43

41 Oregon

4.48

34

43

43

40

45

Best states for unemployment insurance taxes

2025 rank State

2025

score

2024

rank

2023

rank

2022

rank

2021

rank

2020

rank

10 Florida

5.63

9

8

10

5

5

9 Louisiana

5.64

11

14

12

4

4

8 Vermont

5.66

7

15

6

13

13

7 North Carolina

5.69

8

9

7

9

9

6 Oklahoma

5.70

6

5

9

1

1

5 Missouri

5.81

4

3

2

7

10

4 Kansas

5.82

5

11

15

10

11

3 Nebraska

6.01

2

1

1

2

2

2 Arizona

6.04

3

2

3

3

3

1 Delaware

6.12

1

4

11

11

7

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Accounting

Ohio Society of CPAs names Laura Hay next president

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Scott Wiley is stepping down from his role as president and CEO of the Ohio Society of CPAs and is being succeeded by Laura Hay, effective today. 

Hay is the first woman and first CPA to lead the organization in its 100-plus-year history. Her strategic priorities include developing CPA talent to strengthen the pipeline and advocating for protections for the profession.

Hay served as OSCPA’s executive vice president for 11 years and previously as chief operating officer. She was a senior auditor at PricewaterhouseCoopers.

“Laura’s extensive experience and proven leadership within OSCPA make her the ideal choice to lead us into the future,” Rick Fedorovich, executive chairman of BMF CPAs and OSCPA board chair, said in a statement. “Her strategic vision and unwavering commitment to innovation will build on the stability, strength and success Scott has fostered. We are deeply grateful for Scott’s contributions and wish him every success in his next chapter.”

Laura Hay OSCPA

Laura Hay

“Laura is a leader who cares about developing people and building strong teams,’ Wiley said in a statement. “I trust her — and more importantly, Ohio CPAs trust her. With Laura at the helm, OSCPA’s best days are ahead.”

Wiley served as president and CEO for 12 years. 

“I am honored to lead this remarkable organization and deeply inspired by the trust and commitment of our statewide membership,” Hay said in a statement. “With the dedication of our dynamic staff and the vision of our board, I am confident that we can achieve extraordinary things together.”

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Accounting

Key wealth management legal cases to watch in 2025

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This year may not bring as many consequential Supreme Court decisions as the last one for financial advisors, but there are several pending lawsuits with big potential industry implications.

Ongoing uncertainty around the reporting of “beneficial ownership information” under the Corporate Transparency Act, a Supreme Court case testing the power of the IRS to collect pre-bankruptcy tax payments and possible new challenges to the agency’s rules after the demise last year of the so-called Chevron doctrine could each affect advisors and their clients, according to Leila Carney, a member in the Tax Disputes & Tax Litigation Group at the Washington, D.C., office of Caplin & Drysdale. In addition, the Securities and Exchange Commission and FINRA are facing their own legal confrontations over enforcement capabilities.

“What we’ve seen is, 2024 cases have chipped away at agency power, lending momentum to private litigants,” Carney said in an interview last month shortly after the high court heard arguments in the case involving creditors’ ability to claw back tax payments prior to bankruptcy, U.S. v. Miller. “This case will, I think, be a weather balloon to see whether we can expect continued weakening of agencies.”

READ MORE: What the Supreme Court’s eventful term means for financial advisors

In the wake of one of the Supreme Court rulings last year that gave every SEC defendant the right to a jury trial rather than an administrative law judge, the agency is contending with cases scrutinizing its authority to attach “follow-on” industry bans and FINRA’s process for expelling brokerages from its membership

The victories by President-elect Donald Trump and his Republican allies in Congress also likely delivered the knockout blow to the Labor Department’s new retirement advice rule that was already in a stay blocking its implementation during an industry lawsuit. The Trump administration could drop Labor’s appeal of the stay or simply abide by any possible court decisions vacating the new rule.

The path ahead for another new law requiring companies to disclose their ownership to the Treasury Department’s Financial Crimes Enforcement Network looks much more murky. Federal judges have halted the Corporate Transparency Act under multiple lawsuits criticizing the law as overly broad under the Constitution, but the Justice Department has asked the Supreme Court to lift the injunction. For the moment, the law has yet to go into effect.

“The Corporate Transparency Act (CTA) plays a vital role in protecting the U.S. and international financial systems, as well as people across the country, from illicit finance threats like terrorist financing, drug trafficking and money laundering. The CTA levels the playing field for tens of millions of law-abiding small businesses across the United States and makes it harder for bad actors to exploit loopholes in order to gain an unfair advantage,” according to a website maintained by the agency with the latest updates on the status of the law. 

“The government continues to believe — consistent with the orders issued by the U.S. District Courts for the District of Oregon and the Eastern District of Virginia — that the CTA is constitutional and will continue defending the law as necessary,” the agency said.

But the constitutional questions about whether the law extends beyond the federal government’s legally mandated oversight of interstate commerce could one day reach the high court, according to Carney.

“Most Americans are hesitant to share information that they would otherwise expect to keep private, just as a matter of good security practices,” she said. “The constitutional argument is that, because it’s requiring a report of entity formation, it’s not within the scope of regulating business because an entity may be formed and may not be doing any business.”

READ MORE: Lawsuit contests SEC’s ability to slap advisors with industry bans

Another unit of the Treasury, the IRS, is fighting a legal case filed by 3M disputing an agency rule about companies’ allocations of corporate income. The U.S. Court of Appeals for the Eighth Circuit heard arguments in the case this past fall. 

It and another case before the Tax Court filed by Abbott Laboratories represent the next struggles over a substitute framework for the Chevron deference taken away from agency rulemaking as part of last year’s decision in the Loper Bright Enterprises v. Raimondo case, tax lawyers Lauren Ann Ross and Adam Spiegel of Covington & Burling wrote in Bloomberg Law. Each of the cases are seeking to overturn earlier decisions that revolved around the Chevron deference.

“Two lines of inquiry are likely to emerge: First, does the regulation embody a policy choice or factual determination? If so, courts also are likely to defer to the agency’s regulation as long as it reflects reasoned decision-making,” Ross and Spiegel wrote. “Otherwise, if the regulation is interpreting the statute, courts may move to a second question: Does the Treasury have discretionary authority to interpret the statute through regulations? If so, the agency’s interpretation may still be entitled to deference. If not, the court would interpret the statute without deference to the regulation and could hold the regulation invalid.”

In light of Chevron’s demise, Congress could “easily fill the gap with legislation” that addresses the possible level of deference for agency rulemaking, Carney said. The incoming Trump administration may single out certain rules for non-enforcement as well, by “targeting regulations that are likely to be challenged” after the Loper Bright case, she said.

READ MORE: FINRA dealt blow by court in its power to expel brokerages

Trump’s administration and its allies in Congress are likely to pull back IRS enforcement funding that had previously ramped up the agency’s scrutiny of what it described as tax-dodging efforts by the wealthy. However, another area of enforcement called the “economic substance doctrine” that restricts tax benefits for transactions that do not present any legitimate business or economic purpose bears close watching by advisors and tax professionals too, according to Carney. A district court’s decision siding with the IRS in a case brought by a company called Liberty Global put tax attorneys on alert about the impact to basic strategies deployed by clients for savings. The case is currently awaiting a ruling in the 10th Circuit Court of Appeals.

“The IRS has been making it a priority to enforce the economic substance doctrine recently,” she said. “The litigation climate may make that harder.”

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