Bishop v. Tennessee State Board of Accountancy

905 S.W.2d 939, 1995 Tenn. App. LEXIS 242
CourtCourt of Appeals of Tennessee
DecidedApril 19, 1995
StatusPublished
Cited by3 cases

This text of 905 S.W.2d 939 (Bishop v. Tennessee State Board of Accountancy) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bishop v. Tennessee State Board of Accountancy, 905 S.W.2d 939, 1995 Tenn. App. LEXIS 242 (Tenn. Ct. App. 1995).

Opinion

OPINION

LEWIS, Judge.

This case presents the single issue of whether the Chancery Court correctly affirmed the State Board of Accountancy’s (Board) denial of petitioner Bobby Bishop, Jr.’s application for a permit to practice as a certified public accountant (CPA). The Board denied Bishop’s application on the ground that his employment under the supervision of attorney and CPA, Steven K. Bowling, did not satisfy the experience requirements of Tennessee Code Annotated section 62-l-108(a)(2)(A) because Mr. Bowling was not engaged “in public accounting” within the meaning of the statute.

This ease originated under the Administrative Procedures Act when petitioner sought a declaratory order from the Tennessee State Board of Accountancy, pursuant to Tennessee Code Annotated section 4-5-223(a). Petitioner sought a declaratory order to the effect that he was entitled to credit for six months of experience in accounting, which he insists he gained while employed by Mr. Steven K. Bowling, and that that experience, when combined with other undisputed experience, would entitle him to a permit to practice public accountancy pursuant to Tennessee Code Annotated section 62-1-108(a)(2)(A).

Following a contested case hearing, the Board issued a final order which denied the petitioner credit for the six months of experience he contends he gained under the supervision of Mr. Bowling. The Board therefore denied the petitioner a permit to practice as a certified public accountant. The final order became effective 16 September 1993. Subsequently, petitioner filed a petition for review pursuant to Tennessee Code Annotated section 4-5-322 in the Chancery Court for Davidson County.

The petition for review was heard by the Chancellor in the Davidson County Chancery Court. Subsequently, the Chancellor filed a Memorandum which concluded, in part, as follows:

The Board found that petitioner’s work under the supervision of Steven Bowling did not qualify under T.C.A. § 62-1-108(a)(2)(A) because Bowling was not engaged in the practice of public accountancy. The Board’s finding that Bowling was not affiliated with any office registered with the Board under T.C.A. §§ 62-1-106(c) and 62-1-113 is supported by evidence which is substantial and material. Bowling testified that he either failed to register with the Board or else indicated on his application that he was not engaged in the practice of public accountancy during the years in question.
The determinations made by the Board are not in violation of any statutory provisions. The Court concludes that there is substantial and material evidence in the record to support the Board’s denial of credit for petitioner’s work experience under the supervision of Mr. Bowling, and, therefore, its denial of petitioner’s request for a permit to practice as a C.P.A.

The Chancellor’s Memorandum was incorporated in the final order, which affirmed the Board of Accountancy’s decision in all respects.

The pertinent facts are as follows. Petitioner graduated from the University of Tennessee-Chattanooga in December 1984. He passed the written examination for a Tennessee Certified Public Accountant’s Certificate [941]*941in May 1985, and shortly thereafter, he completed the Professional Ethics Examination administered by the Board of Accountancy.

In August 1985, after taking the C.P.A. examinations, petitioner entered law school at the University of Tennessee-Knoxville. He graduated from law school in December 1987, took the bar examination in February 1988, and obtained a license to practice law in May 1988.

Upon graduation from law school, petitioner was hired by the accounting firm Coopers & Lybrand in Knoxville. Petitioner was employed by Coopers & Lybrand from 4 January 1988 to 21 July 1989. He was first employed as a tax associate and later as a tax specialist. In late 1988 or early 1989 petitioner applied for and was issued a Tennessee Certified Public Accountant’s Certificate. Petitioner’s one and one-half years work experience at Coopers & Lybrand has been accepted by the Board towards fulfillment of the two year experience requirement of Tennessee Code Annotated section 62-1-108(a)(2)(A).

In July 1989 petitioner became employed by the law firm of Shumate & Bowling as an associate, where he worked until May 1992. It is the work experience petitioner gained while employed at Shumate & Bowling that is at issue. Petitioner contends this experience should be credited towards his two years C.P.A. experience requirement. Steven Bowling, one of the named partners of Shumate & Bowling, in addition to being an attorney is also a certified public accountant with a permit to practice. Mr. Bowling had been licensed as a public accountant in Tennessee since 1973. He entered law school at the University of Tennessee where he became a classmate and acquaintance of petitioner. Like Mr. Bishop, Mr. Bowling graduated from law school in December 1987, took the bar exam, and became licensed to practice law in May 1988.

When Mr. Bowling was licensed, he formed a partnership with another Knoxville attorney, William F. Shumate, Jr.

Petitioner and Mr. Bowling contend that Mr. Bowling’s business consisted of both the practice of law and the practice of public accountancy, and that while employed at Shumate & Bowling, petitioner obtained experience in both law and accountancy. Mr. Bowling testified that during the more than two and one-half years of petitioner’s association with Shumate & Bowling, petitioner worked more than the necessary six months on accounting projects under Mr. Bowling’s supervision.

The Board found that Mr. Bowling was not engaged in the practice of public accountancy because he was not associated with an accounting office registered with the Board and because he did not hold himself out to the general public as engaged in practice as a certified public accountant. Mr. Bowling testified that he believes that on one occasion he registered his office with the Board of Accountancy as required by Tennessee Code Annotated section 62-1-113. The Administrative Director of the Board of Accountancy testified that to his knowledge, no registration, application, or fee had been received from Mr. Bowling. Mr. Bowling’s application for renewal of his C.P.A. certificate for the years 1989-92 indicate either that he was not engaged in the practice of public accountancy or that he had not registered his office with the Board. Mr. Bowling also testified that after becoming licensed as an attorney, he ceased using business cards and letterheads identifying himself as a certified public accountant and discontinued telephone book listings describing himself as a C.P.A.

Based upon the Board’s finding that Mr. Bowling was not engaged in the practice of public accountancy during the relevant periods of time, the Board denied petitioner credit for work experience gained under Mr. Bowling’s supervision.

Petitioner presents the following issue: “Did the lower [cjourt properly affirm the Tennessee State Board of Accountancy’s denial to issue Appellant six months work credit experience for accounting work performed under the supervision of Steven K. Bowling, CPA and Attorney at law, under the licensing statute enumerated in T.C.A. section 62-l-108(a)(2)(A)?”

[942]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
905 S.W.2d 939, 1995 Tenn. App. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bishop-v-tennessee-state-board-of-accountancy-tennctapp-1995.