any merit to the plaintiff taxpayer's allegations regarding the change in
his tax treatment for years 2003-2005 (for the reason that such allega-
tions were irrelevant to the issue of whether a tax return preparer is a fi-
duciary). Nonetheless, the CPA has made it clear, prior to the change in
tax treatment, the matter had been fully discussed with the taxpayer and
was acknowledged and documented by a signed engagement letter.
the requirement to report multiple, cyclical real estate purchases and
sales as a trade or business on Schedule C, rather than treating them as
capital gains reported on Schedule D.
readers. We apologize for causing any misunderstanding on the part of
our readers or concern on the part of the CPA.
Supreme Court granted the plaintiff's
petition for certification and will deter-
mine the narrow issue of whether "the
Appellate Court properly affirm(ed) the
trial court's entry of summary judgment
against the plaintiff."