Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.3 4.3bsd-beta 6/6/85; site ucbvax.BERKELEY.EDU Path: utzoo!decvax!ittatc!dcdwest!sdcsvax!ucbvax!fortune.UUCP!mats From: mats@fortune.UUCP (Mats Wichmann) Newsgroups: mod.legal Subject: Re: Tax preparing software Message-ID: <8606231355.AA08681@fortune.UUCP> Date: Mon, 23-Jun-86 09:55:51 EDT Article-I.D.: fortune.8606231355.AA08681 Posted: Mon Jun 23 09:55:51 1986 Date-Received: Tue, 24-Jun-86 00:11:25 EDT References: <8606180330.AA03527@ucbvax.Berkeley.EDU> Sender: daemon@ucbvax.BERKELEY.EDU Reply-To: Mats Wichmann Organization: Fortune Systems, Belmont, CA Lines: 38 Approved: info-law@brl.arpa In article <8606180330.AA03527@ucbvax.Berkeley.EDU> abc@BRL.ARPA (Brint Cooper) writes: > >I wonder why a computer program is any different from a published book >in this regard. (I certainly hope that the lawyers don't distort the >logic of this question.) If a book gives bad advice, is the author >liable for damages? Can the IRS come after a book that gives bad or >illegal advice? Probably not. > >Why the program and not the book? Why is not the taxpayer liable for >his own return? > >Brint > The IRS is jumping the gun a bit here (but when don't they). A paid tax preparer is required to SIGN the return; part of what you pay for is the tax preparer's signature and his attendant acceptance of responsibility for that portion of the return under his control (i.e., excluding bad data he may have been given). In this regard, the software program is to be regarded just like a book - it provides advice, but the taxpayer himself accepts all the responisibility for the accuracy of the return. HOWEVER...the IRS does not always play by the rules, or perhaps more accurately, they try to make their own. I don't suppose anyone wants to open this can of worms again, but they are the only entity in the country apparently not subject to due process. So don't count on them leaving software copanies alone. They do on occasion hassle publishers and authors of books that bring up points they would rather not have mentioned. Also, I should note that there are other areas where the computer can generate a valid legal document, such as will-writing, although human signatures are still what make it valid. The difference is that the authors of the will-writing programs guarantee to produce a valid document, whereas I am sure the tax-perparation people do nothing of the sort. Mats Wichmann Fortune Systems