Chapter 2 Review Flashcards

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1
Q

What powers does the 16th Amendment give Congress with regard to the
collection of taxes?

A

Ratified in 1913 the government can collect tax from whatever source derived

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2
Q

Describe the historical evolution of the codified tax system that
culminated in the current Internal Revenue Code.

A

First Codified in 1939 recodified in 1954 and last changed in 1986. The tax reform act of 1986

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3
Q

What is the legal effect of the Code?

A

These are statements and we must follow them only can be changed by congress

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4
Q

Identify the functions of the income tax system, and describe generally the
purposes that each function is designed to accomplish.

A

Revenue Producing, Economic Functions, social functions and regulatory function

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5
Q

Explain how the income tax system can be used to help curb inflation or
lessen the adverse effects of a recession.

A

The greater the taxes the less spending the people can do. Taxes are progressive

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6
Q

Describe the procedure for the passage and adoption of tax bills

A

Taxes start at the house ways and means committee, then full house the senate ways and means then if full house the president

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7
Q

Describe the executive powers regarding tax law as well as the delegation of
authority for enforcing the law and collecting taxes.

A

Department of treasury who delegates power to the IRS, who enforces the law and collects taxes

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8
Q

Explain the function of a Treasury regulation.

A

its just the explanation of the sections of the IRC

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9
Q

Describe the effect of a particular regulation when it has been held invalid by
a. trial or appeals court

A

They are not bound by it

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10
Q

Describe the effect of a particular regulation when it has been held invalid by
b. the Supreme Court

A

The law has to change and it will effect every tax payor

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11
Q

What is a revenue ruling and why is it important? [

A

Revenue ruling is an explaination of everything that is going on. They are binding new rule new law

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12
Q

By whom are revenue rulings issued and where can the rulings be
found?

A

Everyone and published weekly

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13
Q

How does a private ruling differ from a revenue ruling?

A

Private ruling is an individual ruling where a private letter ruling is to a single tax payer

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14
Q

Describe the purpose of revenue procedures.

A

Those are the internal practices of the IRS

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15
Q

Explain what is meant by a determination letter

A

Set of circumstances that will effect individual tax payer, normally a number of them. DL are issued in advance of a transaction EX For a plan to be qualified, pre tax and tax deferred. To get this in place you need a plan document ins a prototype plan. The IRS will give you a plan document in advance of a letter of determination

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16
Q

When there is a conflict between a taxpayer and the IRS with regard to
the amount of tax owed, explain the statutory procedure for resolution of
the conflict.

A

They would go to the applet court

17
Q

Distinguish between the three courts that have original jurisdiction to hear
tax matters.

A

US Tax court is the 1st one you can not have a jury. Its just a judge and facts. You do not have to pay them first
US District court you can have a jury trial this is the only one with a jury
US Court Federal Claims, pay first denied a refund it is a trial court with no jury

18
Q

The only trial court that allows jury trials is the _________.

A

The US District Court

19
Q

Cases heard by the U.S. Court of Federal Claims may be appealed to the
_________.

A

Applet Court

20
Q

The trial court in which a taxpayer can litigate without first paying an
assessed deficiency is the __________.

A

Tax Court

21
Q

When is the IRS bound to follow a court decision?

A

US Supreme Court Ruling

22
Q

What avenues of appeal exist if a taxpayer loses a tax case in a trial court?

A

Go to the applet court