tax.org.ai / mn · an Org.AI Foundation program

Minnesota gives accountants no evidentiary privilege of their own. The only roof over confidential tax work in a Minnesota courtroom is counsel's — and Minnesota's privilege statute already reaches the attorney's employees.
If the law ask is granted, tax is the shorter walk.

New campaigns
0law.org.ai/mn is preparing Minnesota's ask — an authorized-agent amendment to the Supervised Practice Rules. Tax rides it. Kovel has admitted the counsel-engaged specialist since 1961, §7525 has propagated attorney-client common law to federally authorized tax practitioners since 1998, and Minnesota's own privilege statute names the attorney's employees.
The sentence
Minn. Stat. §595.02, subd. 1(b)Read from revisor.mn.gov and quoted verbatim below. Minnesota's attorney-client privilege extends, in text, to any employee of the attorney. Whether that sentence reaches a supervised machine agent is an open question of Minnesota law. This page says so instead of assuming it.
Petitions filed
None. This page precedes any ask.On purpose. The map is published first so the people who regulate tax practice and legal practice in Minnesota can read it before anyone asks them for anything. Nothing on this site is legal advice or tax advice.

Already inside

The certified non-lawyer has been inside Minnesota tax practice for generations. That part needs no campaign.

Minnesota licenses CPAs under its own accountancy act, Minnesota Statutes chapter 326A. Before the IRS, attorneys, CPAs, and enrolled agents practice side by side under Circular 230 — 31 C.F.R. §10.3 lists them in that order.

Minnesota's unauthorized-practice statute, §481.02, contains no tax carve-out — and federal practice needs none. Sperry v. Florida, 373 U.S. 379 (1963), held that a state "may not deny to those failing to meet its own qualifications the right to perform the functions within the scope of the federal authority." The federally authorized non-lawyer practices in Minnesota because federal law says so, and the Supremacy Clause finishes the sentence.

The law campaign asks Minnesota to admit a new kind of certified non-lawyer. Tax admitted its non-lawyers generations ago.

The missing privilege

Minnesota gives accountants a duty of confidentiality — and no privilege. The distinction is the whole page, so we state it plainly.

Minn. Stat. §595.02 is Minnesota's privilege list: attorney, clergy, physician, nurse, psychologist, and more. No accountant appears anywhere in it. What the accountancy act provides instead is §326A.12:

Except by permission of the client … a licensee shall not voluntarily disclose information communicated to the licensee by the client relating to and in connection with services rendered to the client by the licensee.Minn. Stat. §326A.12(a) — revisor.mn.gov

The section's own exceptions give the game away: nothing in it prohibits "disclosures in court proceedings." A duty that yields to a subpoena is professional ethics, not evidence law. Some states legislated an accountant-client privilege — the root site text-verified Colorado, Missouri, and Idaho. Minnesota did not.

Federal law does not fill the gap. §7525 reaches only noncriminal federal tax matters — never a state court, a state agency, a criminal matter, or private litigation. In a Minnesota state tax controversy, the only confidentiality shelter that exists is the attorney-client privilege itself.

In a Minnesota courtroom, confidential tax work has exactly one roof: counsel's. That is not a defect of the Kovel architecture. It is the reason for it.

The sentence

Minnesota's attorney-client statute already reaches past the attorney — to the attorney's employees, in text.

An attorney cannot, without the consent of the attorney's client, be examined as to any communication made by the client to the attorney or the attorney's advice given thereon in the course of professional duty; nor can any employee of the attorney be examined as to the communication or advice, without the client's consent.Minn. Stat. §595.02, subd. 1(b) — revisor.mn.gov

The second clause is Minnesota's own version of what Kovel built federally in 1961: the supervised person inside counsel's engagement shares counsel's silence. The root page holds the federal doctrine with its limits stated out loud.

The Minnesota question is narrower, and open. Whether a supervised AI agent — engaged by counsel, directed by counsel, for the purpose of the legal consultation, held in confidence — sits where the statute's employee and Kovel's accountant sit, no Minnesota court has said. No court anywhere has squarely held that a supervised AI agent receives Kovel treatment. Both sentences belong on the same page, and here they are.

The four conditions do the work in either vocabulary. Engaged by counsel. Directed by counsel. For the legal consultation. Held in confidence.

The rider

law.org.ai/mn is preparing Minnesota's third ask. If it is granted for legal practice, the tax version is the shorter walk — because tax started walking in 1961.

Minnesota placed law students inside the privilege in 2013 and legal paraprofessionals in 2020, both under the Supervised Practice Rules' non-waiver sentence. The third ask keeps every condition and changes the noun.

Every one of those conditions maps onto tax practice unchanged. A named supervising professional carrying personal responsibility. A client who is told and accepts. Certification and registration. A contractual zero-retention, no-training confidentiality floor. Reserved acts stay human — final advice, signatures, settlement. A tamper-evident audit trail. A pilot before permanence. And tax begins further down the road the law petition has to build: its certified non-lawyers have been inside the work for generations, its counsel-engaged structure is sixty-five years of federal doctrine, and that structure is already the only privilege roof Minnesota offers tax work at all.

Much of counsel-engaged tax work needs no Minnesota rule change — that is the root page's holding. What the rider adds is Minnesota's negative space: state proceedings §7525 never reaches, a privilege list with no accountant in it, and an employee clause written long before a machine could be anyone's employee. A grant of the law ask would answer the open question for legal practice; this page is the case that tax practice should be read in its light.

One petition, two professions served. The rider files nothing. It waits, in public.

Where it comes from

Every claim on this page names a primary source we actually fetched. Where we could not fetch one, we say so instead of citing it.

revisor.mn.gov·law.cornell.edu·law.org.ai/mn

The list, in one paragraph.

Minn. Stat. §595.02 — the privilege list and the employee clause of subdivision 1(b) — verbatim from revisor.mn.gov. §326A.12, its court-proceedings exception, and the structure of chapter 326A, from revisor.mn.gov. §481.02, read in full for the absence of any tax exception, from revisor.mn.gov. Sperry v. Florida and 31 C.F.R. §10.3 from law.cornell.edu. 26 U.S.C. §7525, Kovel, and their limits are held on the root page and at tax.org.ai/privilege, with their own sources. Gardner v. Conway, 234 Minn. 468 (1951) — Minnesota's own line-drawing case between tax practice and law practice — we have not yet retrieved; until we have read it, nothing on this page cites it.

Nothing that merely felt like evidence is in the room.

What this is

This page is the Minnesota case for a rider: if Minnesota extends its privilege to a certified, supervised, client-accepted machine agent for legal practice, tax practice — whose non-lawyers have been inside the work since before 1961, and whose only Minnesota privilege roof is counsel's — is the shorter walk.

It is addressed to the people who regulate tax practice and legal practice in Minnesota, and it is published before any petition so they can read it first.

Nothing here is legal advice or tax advice. No accountant-client or attorney-client relationship is formed by reading anything on this site. No petition has been filed.