10.33—Best practices for tax advisors.
        
        (a) Best practices.
         Tax advisors
 should provide clients with the highest quality
 representation concerning Federal tax issues by
 adhering to best practices in providing advice and
 in preparing or assisting in the preparation of a
 submission to the Internal Revenue Service. In
 addition to compliance with the standards of
 practice provided elsewhere in this part, best
 practices include the following:
    
    
        
        (1) 
         Communicating clearly with the client
 regarding the terms of the engagement. For
 example, the advisor should determine the client's
 expected purpose for and use of the advice and
 should have a clear understanding with the client
 regarding the form and scope of the advice or
 assistance to be rendered.
    
    
        
        (2) 
         Establishing the facts, determining which
 facts are relevant, evaluating the reasonableness
 of any assumptions or representations, relating
 the applicable law (including potentially
 applicable judicial doctrines) to the relevant
 facts, and arriving at a conclusion supported by
 the law and the facts.
    
    
        
        (3) 
         Advising the client regarding the import of
 the conclusions reached, including, for example,
 whether a taxpayer may avoid accuracy-related
 penalties under the Internal Revenue Code if a
 taxpayer acts in reliance on the advice.
    
    
    
        
        (b) 
        
            Procedures to ensure best
 practices for tax advisors. Tax advisors with
 responsibility for overseeing a firm's practice of
 providing advice concerning Federal tax issues or
 of preparing or assisting in the preparation of
 submissions to the Internal Revenue Service should
 take reasonable steps to ensure that the firm's
 procedures for all members, associates, and
 employees are consistent with the best practices
 set forth in paragraph (a) of this section.