N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 2600-3.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2600-3.4 - Definitions

(a) Reckless conduct. Reckless conduct is a highly unreasonable action, omission or misrepresentation involving an extreme departure from the standards of ordinary care that a tax return preparer should observe under the circumstances. A pattern of conduct is a factor that will be taken into account in determining whether a preparer acted knowingly, recklessly, or through gross incompetence.

(b) Gross incompetence. Gross incompetence includes conduct that reflects gross indifference, tax return preparation or tax practice that is grossly inadequate under the circumstances, or a consistent failure to perform obligations to the client.