Question

You are negotiating a transaction on behalf of one of your clients, Blair Burke. During the negotiationyou become aware that the other party to the transaction does not adequately understand the tax consequences of the proposed transaction, which are highly favorable to Burke. In fact, if the transaction were completed as proposed, the other side would suffer significant negative tax consequences.
Required:
Ethically, should you inform the other party of the potential negative tax consequences of the proposed transaction?

Answer 1

Answer:

No

Explanation:

In this scenario, you are acting as a fiduciary to Blair Burke. This means that you have an obligation to Blair Burke and every decision that you make needs to be in his/her best interest. Therefore, you should not inform the other party about the negative tax consequences. That is a job for the other individual's representative or fiduciary to handle and advise their client. Informing the other party could jeopardize the deal and cost your client an opportunity/money which would go against their best interest.