west virginia tax institute wvu college of business & economics 10/2/2006 a.s. fleming, ph.d....
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10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 11
West Virginia Tax Institute
WVU College of Business & Economics
Scott Fleming, Ph.D. CPA CMAAssistant Professor of Accounting
College of Business & Economics
West Virginia University
office (304) 293-7896
home (304) 636-7669
cellular (304) 614-3573
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 22
West Virginia Tax Institute
WVU College of Business & Economics
Ethics: Education of Accounting Students
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 33
West Virginia Tax Institute
WVU College of Business & Economics
• Ex-WordCom chief, Bernard Ebbers, starts jail term 9/26/2006
• Fastow gets 6 years for Enron role 9/26/2006
• Panel subpoenas 5 investigators for HP hearing 9/27/2006
• Fugitive ex-Comverse Technology CEO nabbed in Namibia 9/27/2006
• Tyson Foods settles discrimination dispute 9/27/2006
• HealthSouth, investors finalize fraud settlement 9/27/2006
Highlights The Importance of Ethics
Two Days of Business Headlines…
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 44
West Virginia Tax Institute
WVU College of Business & Economics
Multi-Focus Approach To Ethics Education
In Academia Today…
Rules & Regulations
• Codes of Conduct
• SOX
• Circular 230
Post Mortem Analyses
• Enron
• WorldCom
• Global Crossing
ResearchFOCUS OF TODAY’S
DISCUSSION
• Empirical
• Case Studies
• Behavioral
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 55
West Virginia Tax Institute
WVU College of Business & Economics
Teach Consequences
Legal Outcomes and Instinctive Behavioral Actions
We Must Demonstrate And Reiterate “Right” from “Wrong”
then
In The Classroom…
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 66
West Virginia Tax Institute
WVU College of Business & Economics
Significant Change In Students’ Ethical Reasoning Scores
Does This Work?Study by Mohammad J. Abdolmohammadi (2002)*
Accounting Master Students
• Individual ethics
• Professional ethics
• Business ethics
Using pre- and post- Defining Issues Test Scores (DIT)
• Small classes saw greater benefit
• Younger students saw greater benefit
• Males saw greater benefit
Case Study Approach
* Ethical training in graduate accounting courses: Effects of intervention and gender on students’ ethical reasoning, Research on Profession Responsibility and Ethics in Accounting, Vol. 10 p. 37
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 77
West Virginia Tax Institute
WVU College of Business & Economics
Why Focus on the Behavioral Aspect?
• Ethical Dilemmas Are Caused By Actions
• These Actions May Be Instinctive, Cultural, etc.
• People May Not Know They Commit These Actions
Knowing These Behaviors and Susceptibility To These Behaviors May Prevent Dilemmas
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 88
West Virginia Tax Institute
WVU College of Business & Economics
Benefits Students, The Profession, and Ultimately, Society
Research Into Ethics and Fraud…
Reality
Classroom
Research
Society
Cultural Changes & Political Climate
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 99
West Virginia Tax Institute
WVU College of Business & Economics
Divided Fiduciary Responsibilities…
Common Theme: Behaviors in Judgment and Decision Making
Tax Practitioner
The Client
Auditor The Public
Accountant The Firm
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1010
West Virginia Tax Institute
WVU College of Business & Economics
Prospect Theory…
Developed As An Alternative To Expected Utility Theory
Developed By Daniel Kahneman & Amos Tversky, 1979Prospect Theory: An Analysis of Decision under Risk, Econometrica, V. 47-2, 263-292
Example 1: Which Would You Choose?
Option A
80% chance for $4,000
Option B
100% chance for $3,000
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1111
Davis Health System
WVU College of Business & Economics
80 % of the Subjects Chose Option B (76/95), While 20% Chose Option A (19/95)
Why?
Expected Utility Theory
Option A: $4,000 x 0.80 = $3,200
Prospect Theory
Option B: $3,000
Each Theory Points To A Different Solution…
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1212
West Virginia Tax Institute
WVU College of Business & Economics
Now, Add “Framing”…
Tversky & Kahneman (1986) Rational Choice and the Framing of Decision, The Journal of Business, V. 59-4, part 2, S251-S278
Example 2: Option A
Sure gain of $240
Option B
25% chance to gain $1000
And 75% chance to gain $0
EU Value: $240 $250
Results: 84% 16%
Similar Results In A “Gain” Situation
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1313
West Virginia Tax Institute
WVU College of Business & Economics
What About “Framing” In A Loss Situation?
Tversky & Kahneman (1986) Rational Choice and the Framing of Decision, The Journal of Business, V. 59-4, part 2, S251-S278
Example 3: Option A
Sure loss of $750
Option B
75% chance to lose $1000
And 25% chance to lose $0
EU Value: -$750 -$750
Results: 13% 87%
Subjects Are Risk Seeking In Loss Situation
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1414
West Virginia Tax Institute
WVU College of Business & Economics
People Are Risk Seeking in a Loss Situation, And Risk Averse in a Gain Situation
Prospect Theory…
People Underweight Outcomes That Are Probable in Comparison To Outcomes That Are Certain
GainsLosses
Value
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1515
West Virginia Tax Institute
WVU College of Business & Economics
Accounting Research…
Taxpayers’ Prepayment Positions and Tax Return Preparation Fees
Jackson, Shoemaker, Barrick, & Burton (2005), Contemporary Accounting Research, Vol. 22-2 p. 409
Findings: Tax return preparation fees are higher for taxpayers in positive prepayment positions than for taxpayers in negative prepayment positions
Consistent with Prospect Theory:
1) Positive relation to statement above
2) Stronger for taxpayers who receive refunds that are less than fees than it is for taxpayers who receive refunds that are greater than fees
3) Stronger for taxpayers in negative prepayment positions than for taxpayers in positive prepayment positions
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1616
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
A Note on the Relation between Frames, Perceptions, and Taxpayer Behavior
Jackson & Hatfield (2005), Contemporary Accounting Research, Vol. 22-1 p. 145
• Taxpayer frames have a direct effect on taxpayer behavior
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1717
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
Capital Budgeting with Taxes under Uncertainty and Irreversibility
Niemann & Sureth (2005), Jahrbücher für Nationalökonomie und Statistik , Vol. 225-1 p. 77
• Proving neutral tax systems under risk aversion
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1818
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
An empirical investigation into alternative theories explaining taxpayer behavior
Flynn (2003), Drexel University, 173 pages, AAT 3087154
• Initial results do not support house money effect, the breakeven effect, or prospect theory, but shows subjects are inherently conservative
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 1919
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
Tax Evasion and Equity Theory: An Investigative Approach
King & Sheffrin (2002), International Tax & Public Finance, Vol. 9-4, pg. 505
• Control questions are consistent with prospect theory, but general results are consistent with expected utility theory
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2020
West Virginia Tax Institute
WVU College of Business & Economics
Confirmation Bias Can Result in Inaccurate Assessments of Authoritative Support and Lead
To Overly Aggressive Recommendations
Confirmation Bias…
The Influence of Client Preferences on Tax Professionals’ Search for Judicial Precedents, Subsequent Judgments and Recommendations
Cloyd & Spilker (1999), The Accounting Review, Vol. 74-3 p. 299-322
Findings: Subjects’ information searches emphasized cases with conclusions consistent with the client’s desired outcome over cases inconsistent with the clients desired outcome
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2121
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
The Influence of Biased Tax Research Memoranda on Supervisors' Initial Judgments in the Review Process
Barrick, Cloyd, & Spilker (2004), Journal of the American Taxation Association, Vol. 26-1 p. 1
• Supervisors are more persuaded by an unbiased memo for non-appropriate positions
• Supervisors are also more persuaded by a biased memo for appropriate positions
• Supervisors act to correct confirmation bias by requesting more rework of staff who prepare biased memos than of staff who prepare unbiased memos
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2222
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
Tax Professional Decision Biases: The Effects of Initial Beliefs and Client Preference
Kahle & White (2004), Journal of the American Taxation Association, Vol. 26-Supplement p. 1
• Contrary to the psych literature & previous tax literature (but consistent with the auditing literature), tax professionals act opposite to confirmation bias predictions
• Client preference has a more substantial effect on tax professional judgments when the evidence being reviewed confirms the professionals’ initial belief than when it disconfirms their initial belief
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2323
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
The effect of staff accountant objectivity in the review and decision process: A tax setting
Hatfield (2001), Journal of the American Taxation Association, Vol. 23-1 p. 61
• Objectivity judgments made by partner / manager level accountants are influenced by whether the staff accountant’s research report confirms their initial opinion
• This affects the manner in which the report is incorporated into a client recommendation
• Preference for client-favorable outcomes is found to affect the weight given to staff accountant research reports
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2424
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
Confirmation bias in tax information search: A comparison of law students and accounting students
Cloyd & Spilker (2000), Journal of the American Taxation Association, Vol. 22-2 p. 60
• Law students and accounting students are victims of confirmation bias (in examining information search behaviors)
• Law students are less prone to the bias in certain situations
• The nature of academic training influences the extent to which researchers are subject to confirmation bias
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2525
West Virginia Tax Institute
WVU College of Business & Economics
Game Theory…
Developed By John von Neumann & Oskar MorgensternTheory of Games and Economic Behavior (1944)
Organized By John Nash (1950)
Prisoner’s Dilemma…
confess don’t
confess 10 10 0 20
don’t 20 0 1 1
Fastow
Skilling
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2626
West Virginia Tax Institute
WVU College of Business & Economics
Solution…
confess don’t
confess 10 10 0 20
don’t 20 0 1 1
Fastow
Skilling
The Nash Equilibrium Solution is Confess / Confess
Suppose you are Andy Fastow. If you know the consequences, then you can reason that Skilling can do one of two things: confess or keep quiet.
1) If Skilling confesses and I don’t, then I will get 20 years. If I confess also, though, I’ll only get 10 years. Confessing is the best option.
2) If Skilling keeps quiet and I also keep quiet, then I will get 1 year. If Skilling keeps quiet and I confess, though, I won’t get any jail time. Again, confessing is the best option.
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2727
West Virginia Tax Institute
WVU College of Business & Economics
Studies…
Audit Misperception, Tax Compliance, and Optimal Uncertainty
Kim (2005), Journal of Public Economic Theory, Vol. 7-3 p. 521
• Research introduces a small amount of uncertainty about the true audit probability
• Find a unique equilibrium cutoff point, such that each taxpayer evades if and only if his perceived signal falls below this cutoff
• When reducing uncertainty has no cost, the optimal uncertainty is indeterminate
• When reducing uncertainty is costly, eliminating all uncertainty can never be optimal
• Introducing a small amount of enforcement cost resolves the indeterminacy problem
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2828
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
Tax Compliance as a Coordination Game
Alm & McKee (2004), Journal of Economic Behavior & Organization, Vol. 54-3 p. 297
• Major tool of tax agencies to reduce evasion is the audit of returns
• IRS uses “discriminant index function” (DIF) to audit those who deviate about the average
• Individuals find it difficult to coordinate on the zero-compliance equilibrium
• Pre-game communication (mimicking info in a tax guide) provides a mechanism to coordinate
• The IRS can make subtle changes to the audit rule
• A DIF rule is often able to achieve high levels of compliance
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 2929
West Virginia Tax Institute
WVU College of Business & Economics
Belief Revision Model…
Developed By Einhorn and Hogarth (1987)
The Influence of Information Presentation Order on Professional Tax Judgment
Pei, Reckers, & Wyndelts (1990), Journal of Economic Psychology, Vol. 11-1 p. 119
• Study on the effects of information presentation order on tax professionals’ belief revisions about ambiguous tax treatments
• Two dimensions studied (1) judgment reasonableness, and (2) recommendation of tax treatment to client
• Both dimensions affected by presentation order
• Neither is affected by the client preference
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 3030
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies…
Tax Professionals Belief Revision: The Effects of Information Presentation Sequence, Client Preference, and Domain Experience
Pei, Reckers, & Wyndelts (1992), Decision Sciences, Jan/Feb Vol. 23-1 p. 175
• Experienced tax professionals’ belief revisions are affected by the presentation order, but unaffected by the client preference
• Inexperienced tax professionals’ belief revisions are affected by the client preference, but unaffected by the presentation order
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 3131
West Virginia Tax Institute
WVU College of Business & Economics
Additional Ethic / Psychological Areas …
Gender Biases
Recency / Primacy Effects
Group Think
Persuasive arguments explanation
Stereotypes
Non-verbal cues
Perseverance bias
Lying / deception cues
Cultural differences (domestic and international)
… And Many More
10/2/200610/2/2006 A.S. Fleming, Ph.D. CPA CMAA.S. Fleming, Ph.D. CPA CMA 3232
West Virginia Tax Institute
WVU College of Business & Economics
Additional Studies of Interest…
Hume, Larkins, Iyer (1999), On compliance with ethical standards in tax preparation, Journal of Business Ethics, Vol. 18-2 p. 229
Larkins, Hume, Garcha (1997), The validity of the randomized response method in tax ethics research, Journal of Applied Business Research, Vol. 13-3 p. 25
Schisler (1995), Equity, aggressiveness, consensus: A comparison of taxpayers and tax preparers, Accounting Horizons, Vol. 904 p. 76
Cloyd (1995), The effects of financial accounting conformity on recommendations of tax preparers, Journal of the American Taxation Association, Vol. 17-2 p. 50
Schisler (1994), An experimental examination of factors affecting tax preparers’ aggressiveness – a prospect theory approach, Journal of the American Taxation Association, Vol. 16-2 p. 124
Cuccia (1994), The effects of increased sanctions on paid tax preparers: Integrating economic and psychological factors, Journal of the American Taxation Association, Vol. 16-1 p. 41
Newberry, Reckers, & Wyndelts (1993), An examination of tax practitioner decisions: The role of preparer sanctions and framing effects associated with client condition, Journal of Economic Psychology, Vol. 14-2 p. 439
Christensen (1992), Evaluation of Tax Services: A client and preparer perspective, Journal of the American Taxation Association, Vol. 14-2 p. 60