Chapter 2 - Tax standards and Research

Question 1

Internal Revenue Code (IRC)

Answer 1

The IRC holds the most authoritative value in the tax law and was enacted by congress in title 26 of the US.S code.

Question 2

IRS Regulations

Answer 2

The IRS regulations are the U.S. department of treasury’s interpretations of the IRC. They give directions on how to apply the laws outlined in the IRC and have the second most force and effect after the IRC.

Question 3

Tax court decisions

Answer 3

Tax court decisions interpret the IRC, but they do not have the authority of the IRC.

Question 4

IRS Agents Reports

Answer 4

IRS agents reports are used to report on specific taxpayer situations. They apply the IRC, IRS regulations and other forms of authoritative literature, but they do not hold any value that the IRC, IRS regulations or even tax court decisions.

Question 5

AICPA statements on standards for tax services

Answer 5

The AICPA’s tax executive committee published the 7 AICPA statements on standards for tax services (SSTSs). The SSTSs set forth the ethical practice standards for members of the AICPA.

Question 6

Sections of the AICPA standards include

Answer 6

introduction, statement (several paragraphs) and explanation.

Statements are often followed by Interpretations - which includes a background, general interpretation and possibly some illustrations.

Question 7

Topics covered in the AICPA standards

Answer 7

1. tax return positions
2. answers to questions on returns
3. certain procedural aspects of preparing returns
4. use of estimates
5. departure from a positions previously concluded in an administrative or court hearing
6. knowledge of error: return preparation and administrative proceedings
7. form and content of advice to taxpayers

Question 8

IF a tax return position does not have at least a realistic probability of being sustained, the tax preparer may recommend that position anyway under what circumstances?

Answer 8

The tax preparer:

1. Concludes that there is a reasonable basis for the positions and
2. Advises the taxpayer to disclose appropriately that position

Question 9

IF a tax return reflects a tax return position which the taxpayer has concluded has only a reasonable basis, under what circumstances may the preparer sign that return?

Answer 9

Sign the return only if that return position is appropriately disclosed.

Question 10

List the levels of support from the least stringent to the most stringent

Answer 10

1. Reasonable basis standard (most flexible)
2. Realistic probability standard
3. Substantial Authority standard
4. More likely than not standard (most stringent/strict)

The SSTSs (AICPA standards on tax services) do not define these standards.

Question 11

Required disclosure of tax preparer

Answer 11

Tax preparer should inform taxpayer of the penalty with respect to the tax effects of a transaction. The courts will not uphold the imposition of the penalty if the transaction, at a minimum, meets the more likely than not standard.

Question 12

Responsibility to taxpayer and tax system

Answer 12

A taxpayer is not legally required to pay more tax than owed. IT is the duty of the tax preparer to achieve a result that legally minimizes taxes owed.

Question 13

What is the tax preparer’s responsibilities with regard to answering questions on the return?

Answer 13

Make a reasonable effort to answer all questions on tax returns; there must be reasonable grounds for omission of an answer.

Failure to answer a questions may result in an incomplete return or a penalty.

Reasonable grounds for an omission include:

• not easily obtainable and insignificant
• uncertainty regarding the meaning of the question
• voluminous answer

Question 14

What are the proceural aspects of preparing a return?

Answer 14

Generally, no responsibility to verify information by the taxpayer.

However, taxpayer should make reasonable inquiries if the information appears to be incomplete, incorrect or inconsistent.

Tax preparer’s should also determine whether the taxpayer (1) maintains appropriate books and records when required by statute or rule, and (2) possesses substantiating documentation when required by statute or rule.

Whenever possible, tax preparer’s should review one or more returns from previous years in order to obtain information concerning the taxpayer.

Question 15

What is the standards regarding the tax preparer’s use of estimates?

Answer 15

• The tax preparer may use estimates provided by the taxpayer, however, the tax preparer should determine that the estimates are reasonable based on the facts and
• The Disclosure of estimates is not generally required unless unusual circumstances (records have been destroyed).

Question 16

When can a tax preparer depart from a position previously concluded by an administrative proceeding or court decision?

Answer 16

A tax preparer may recommend a tax position that is different from an administrative proceeding or court decision with respect to a previous year’s return if:

1) the taxpayer is not bound to specified treatment in the later year (deduction not allowed in prior year because do not have appropriate documentation, but have appropriate documentation in current year) and
2) the tax return preparer follows statements on standards for tax services NO. 1, “Tax Return Positions”

The taxpayer should consider the justification for inconsistent treatment.

Question 17

What is required of the tax return preparer who becomes aware of an error in a previously filed return?

Answer 17

Notify the taxpayer but do not notify any taxing authority regarding an error (omission or failing to meet standards no.1, tax return positions) without first obtaining permission from the taxpayers, except when required to by law.

Question 18

What is reuired of the tax return preparer who becomes aware that the taxpayer has failed to file a tax return?

Answer 18

Notify the taxpayer but do not notify any taxing authority regarding the non-filing without first obtaining permission from the taxpayers, except when required to by law.

Advise the taxpayer of the appropriate measures to be taken to correct the situation, however it is ultimately the taxpayers decision whether to correct the error.

Question 19

What is required of the tax preparer who, while representing the taxpayer in the administrative proceeding, becomes aware of an error or non-filing?

Answer 19

Request the taxpayer’s agreement to disclose to the taxing authority the error or non-filing. If the taxpayer doesn’t agree, the tax preparer should consider whether it is appropriate to continue the professional relationship.

Do not notify any taxing authority regarding the error or non-filing without first obtaining permission from the taxpayers, except when required to by law.

Question 20

When must the tax preparer notify the taxpayer about new or changing tax developments occurring after the preparer has given advice to the client?

Answer 20

When assisting a taxpayer implementing a plan associated with advice previously given, revise the plan if there are new developments.

If not assisting in implementing the plan, there is no requirement to notify the taxpayer of subsequent developments that may affect the advice previously given.

Question 21

Form and Content of Advice to taxpayers

Answer 21

Advice to taxpayers can be either oral or in writing, which is up to the discretion of the tax preparer.
When considering whether to provide the advice in writing the tax preparer should consider :
- the importance of the transaction and amounts involved
- existence of authorities
- penalty consequences
-sophistication of the tax client

Question 22

Shore, a paid tax return preparer, was given three partnership Schedule K-1 forms by client Fuller. Fuller is a limited partner in each of the partnerships. The K-1s disclosed small pass-through losses allocated to Fuller. Fuller had passive income in excess of these losses from other partnerships.According to the AICPA Statements on Standards for Tax Services, assuming that no at-risk limitations apply, what is Shore’s professional responsibility regarding the reporting of these partnership losses on Fuller’s federal income tax return?

a. To verify the initial investment in each partnership entity unless Shore has reason to believe that the information is incorrect.
b. To accept the information without further inquiry unless Shore has reason to believe that the information is incorrect.
c. To verify the client’s basis by examining client’s records from the initial investment to the present.
d. To request the complete partnership returns of the partnership entities unless Shore has reason to believe that the information is incorrect.

Answer 22

.To accept the information without further inquiry unless Shore has reason to believe that the information is incorrect.

Explanation:
Choice “b” is correct. Without obtaining verification, a tax preparer may in good faith rely on information furnished by a taxpayer or third parties when preparing a tax return. The tax preparer should, however, make reasonable inquiries if the information appears to be incomplete, incorrect, or inconsistent.

Choices “c”, “a”, and “d” are incorrect, per the above rule.

Question 23

While preparing a client’s individual federal tax return, the CPA noticed that there was an error in the previous year’s tax return that was prepared by another CPA. The CPA has which of the following responsibilities to this client?

a. Inform the client and recommend corrective action.
b. Notify the IRS if the error could be considered fraudulent or could involve other taxpayers.
c. Inform the client and the previous CPA in writing, and leave it to their discretion whether a correction should be made.
d. Discuss the matter verbally with the former CPA and suggest that corrective action be taken for the client.

Answer 23

Inform the client and recommend corrective action.

Explanation:
Choice “a” is correct. When an AICPA member becomes aware of an error in a previously filed return, he should promptly notify the taxpayer.

Choice “c” is incorrect, per the above explanation.
Choice “d” is incorrect, per the above explanation.
Choice “b” is incorrect. A tax preparer is not required to notify the IRS and may not notify any taxing authority without the client’s permission.

Question 24

In evaluating the hierarchy of authority in tax law, which of the following carries the greatest authoritative value for tax planning of transactions?

a. Internal Revenue Code.
b. IRS regulations.
c. IRS agents' reports.
d. Tax court decisions.

Answer 24

Internal Revenue Code.

Explanation:
Choice “a” is correct. According to the IRS’s website under Tax Code, Regulations and Official Guidance, the “federal tax law begins with the Internal Revenue Code (IRC), [which was] enacted by Congress in Title 26 of the United States Code (26 U.S.C.).” The IRC holds the most authoritative value.

Choice “b” is incorrect. According to the IRS’s website under Tax Code, Regulations and Official Guidance, the IRS regulations or “Treasury regulations (26 C.F.R.)—commonly referred to as Federal tax regulations—pick up where the Internal Revenue Code (IRC) leaves off by providing the official interpretation of the IRS by the U.S. Department of Treasury.” Regulations give directions on how to apply the law outlined in the Internal Revenue Code. Regulations have the second most force and effect, second only to the IRC.
Choice “d” is incorrect. Tax court decisions interpret the Internal Revenue Code. They do not have the authority of the IRC.
Choice “c” is incorrect. The reports of IRS agents are used to report on specific taxpayer situations. IRS agents’ reports apply the Internal Revenue Code, IRS regulations, and other forms of authoritative literature, but they do not hold the value that the IRC, the IRS regulations, or even tax court decisions have.

Question 25

Wilma A. Guess, a CPA and a member of the AICPA, is preparing a federal tax return for her client, William H. Bates, one of the wealthiest businessmen in the town of Poughkeepsie, New York. Because of his extremely busy schedule, Bates keeps very few records for his various business operations. Guess has been preparing Bates' returns for the past 15 years. According to the AICPA's Statements on Standards for Tax Services, which of the following statements is correct for this situation? a. Guess may use estimates provided by Bates if it is not practical for Bates to obtain exact data. b. Guess may not use estimates provided by Bates in any situation. c. Guess may use estimates provided by Bates due to the fact that she has been preparing returns for Bates for more than 10 years. d. Guess may use estimates provided by Bates only if the use of the estimates is disclosed on the return by checking the "Estimates Have Been Used in the Preparation of this Return" box at the bottom of the return.

Answer 25

Guess may use estimates provided by Bates if it is not practical for Bates to obtain exact data. Explanation: Choice "a" is correct. Guess may use estimates provided by Bates if it is not practical for Bates to obtain exact data. Choice "b" is incorrect. The preparer (Guess) may use estimates provided by the taxpayer (Bates) if it is not practical for the taxpayer to obtain exact data. However, the preparer must determine that the estimates are reasonable based on the facts and circumstances. Choice "d" is incorrect. It is normally not necessary to disclose the use of estimates. Disclosure of estimates should be made in unusual circumstances, such as when records have been destroyed. However, there is no "Estimates Have Been Used in the Preparation of this Return" box. Choice "c" is incorrect. Guess may use estimates provided by Bates if it is not practical for Bates to obtain exact data. The number of years that Guess has been preparing Bates' returns is not relevant.

Question 26

Arthur Younger, a CPA and a member of the AICPA, is preparing a federal tax return for his client, Albert Capon, a reputed member of an organized crime family near Chicago. Capon is very reluctant to provide any information to Younger to answer questions that are posed on the return. According to the AICPA's Statements on Standards for Tax Services, which of the following statements is correct for this situation? a.With his responsibility as an advocate for Capon, Younger should answer only those questions that are advantageous or neutral to Capon and should omit those questions that might not be advantageous. b.Younger should make an effort to extract from Capon the information needed to answer the questions, and, if he cannot obtain the information, he can just "forget" to answer the questions. c.Not all questions on a return are of equal importance. However, Younger must make a reasonable effort to answer all questions. d.If Younger cannot obtain the information to answer the questions, he can answer them as he thinks they should be answered given his knowledge of the facts of the situation.

Answer 26

Not all questions on a return are of equal importance. However, Younger must make a reasonable effort to answer all questions. Explanation: Choice "c" is correct. Not all questions on a return are of equal importance. However, Younger must make a reasonable effort to answer all questions because an answer to a question might impact the determination of taxable income or loss and tax liability and the failure to answer a question might result in an incomplete return or a penalty. Reasonable grounds for failure to answer a question are that (1) the answer is not easily obtainable and insignificant, (2) there is uncertainty regarding the meaning of the question, or (3) the answer is voluminous and a statement to that effect is included on the return. Choice "b" is incorrect. Younger should make a reasonable effort to obtain from Capon the information needed to answer the questions. If he cannot obtain the information, he cannot just "forget" to answer the questions. Choice "d" is incorrect. If Younger cannot obtain the information to answer the questions, he cannot just answer them as he thinks they should be answered given his knowledge of the facts of the situation, especially if he has to sign a preparer's declaration that the return is true, complete, and correct. Choice "a" is incorrect. When recommending a tax return position, a preparer has both the right and the responsibility to be an advocate for the taxpayer with respect to that position. However, he should not omit an answer merely because it might prove disadvantageous to Capon.

Question 27

A member would be in violation of the Standards for Tax Services if the member recommends a return position under which of the following circumstances? a. It meets the realistic possibility standard based on the well-reasoned opinion of the taxpayer's attorney. b. It does not meet the realistic possibility standard but the member feels the return has a minimal likelihood for examination by the IRS. c. It does not meet the realistic possibility standard but is not frivolous and is disclosed on the return. d. It might result in penalties and the member advises the taxpayer and discusses avoiding such penalties through disclosing the position.

Answer 27

It does not meet the realistic possibility standard but the member feels the return has a minimal likelihood for examination by the IRS. Explanation: Choice "b" is correct. In general, a tax preparer should only recommend a tax return position if the tax preparer has a good faith belief that the position has a realistic possibility of being sustained administratively or judicially on its merits if challenged. However, if a tax return position does not meet the "realistic possibility standard," the taxpayer may still take the position and the tax preparer may still prepare and sign the return provided the position is adequately disclosed on the tax return and the position is not frivolous. The tax preparer should advise the client that it might be possible to avoid certain penalties if the tax return position is disclosed on the return. However, a tax preparer may not advise a client to take a position due to the fact that they are unlikely to be audited (playing the audit lottery). Therefore, the return position in "b" cannot be taken since the tax preparer is relying upon the unlikelihood of being audited. Choice "c" is incorrect. In general, a tax preparer should only recommend a tax return position if the tax preparer has a good faith belief that the position has a realistic possibility of being sustained administratively or judicially on its merits if challenged. However, if a tax return position does not meet the "realistic possibility standard," the taxpayer may still take the position and the tax preparer may still prepare and sign the return provided the position is adequately disclosed on the tax return and the position is not frivolous. The tax preparer should advise the client that it might be possible to avoid certain penalties if the tax return position is disclosed on the return. The return position taken in choice "c" falls within this guidance. Choice "d" is incorrect. In general, a tax preparer should only recommend a tax return position if the tax preparer has a good faith belief that the position has a realistic possibility of being sustained administratively or judicially on its merits if challenged. However, if a tax return position does not meet the "realistic possibility standard," the taxpayer may still take the position and the tax preparer may still prepare and sign the return provided the position is adequately disclosed on the tax return and the position is not frivolous. The tax preparer should advise the client that it might be possible to avoid certain penalties if the tax return position is disclosed on the return. The return position taken in choice "d" falls within this guidance. Choice "a" is incorrect. In general, a tax preparer should only recommend a tax return position if the tax preparer has a good faith belief that the position has a realistic possibility of being sustained administratively or judicially on its merits if challenged. The return position taken in "a" falls within this guidance.

Question 28

Ivan von Hindenberg, CPA and a member of the AICPA, has been preparing federal tax returns for one of his clients for many years. Two years ago, he took a position on a return and that position was settled in an appeals conference. He is now considering a different position on the current return. According to the AICPA's Statements on Standards for Tax Services, which of the following statements is correct for this situation? a. Ivan cannot take a different position on the current return because the IRS is bound to be consistent in their positions and so is he. b. Ivan cannot take a different position on the current return under any circumstances. He is bound by the earlier determination. c. Ivan can take a different position if he files Form 1040 NP within two years of the date of the previous return or the date the tax was paid, whichever is earlier. d. If the determination on the prior return was caused by lack of or insufficiency of supporting data, Ivan can take a different position on the current return if he has better supporting data for the new return.

Answer 28

If the determination on the prior return was caused by lack of or insufficiency of supporting data, Ivan can take a different position on the current return if he has better supporting data for the new return. Explanation: Choice "d" is correct. If the determination on the prior return was caused by lack of supporting data, Ivan can take a different position on the current return if he has better supporting data for the new return. Choice "c" is incorrect. There is no such thing as a Form 1040 NP and there is no necessity to file it within a certain timeframe. Choice "a" is incorrect. Although the IRS is normally consistent with respect to a particular position, they are not bound to be so. Similarly, a taxpayer (or a preparer acting for the taxpayer) is not bound to follow the treatment of an item as consented to in a previous administrative proceeding. Choice "b" is incorrect. Ivan can take a different position under certain circumstances. He is not necessarily bound by the earlier determination. There should be sufficient justification for the different position.

Question 29

According to the AICPA Statements on Standards for Tax Services, which of the following factors should a CPA consider in choosing whether to provide oral or written advice to a client? a. Whether the client will seek a second opinion. b. The likelihood that current tax litigation will impact the advice. c. The tax sophistication of the client. d. The client's business acumen.

Answer 29

The tax sophistication of the client. Explanation: Choice "c" is correct. In determining whether to provide advice in writing, the tax preparer should consider, among other factors, the sophistication of the tax client. Choice "a" is incorrect. Whether the client will seek a second opinion should not impact giving verbal or written advice. Choice "b" is incorrect. Verbal or written advice should not be determined by tax legislation. Choice "d" is incorrect. The client's business acumen should not be considered when deciding to give them verbal as opposed to written advice.

Question 30

A CPA assists a taxpayer in tax planning regarding a transaction that meets the definition of a tax shelter as defined in the Internal Revenue Code. Under the AICPA Statements on Standards for Tax Services, the CPA should inform the taxpayer of the penalty risks unless the transaction, at the minimum, meets which of the following standards for being sustained if challenged? a. Substantial authority. b. More likely than not. c. Not frivolous. d. Realistic possibility.

Answer 30

More likely than not. Explanation: Choice "b" is correct. The CPA should inform the taxpayer of the penalty risks with respect to the tax effects (tax return position) of a transaction unless the transaction, at the minimum, meets the more-likely-than-not standard. Choices "c", "d", and "a" are incorrect. Reason: "Not frivolous," "realistic possibility," and "substantial authority" are lesser standards than the more-likely-than-not standard. So, if the transaction meets only one of these lesser standards, the CPA must inform the taxpayer of the penalty risks with respect to the tax effects (tax return position) of a transaction.

Question 31

A CPA prepares income tax returns for a client. After the client signs and mails the returns, the CPA discovers an error. According to Treasury Circular 230, the CPA must: a. Promptly advise the client of the error. b. Document the error in the workpapers. c. Prepare an amended return within 30 days of the discovery of the error. d. Promptly resign from the engagement and cooperate with the successor accountant.

Answer 31

Promptly advise the client of the error. Explanation: Choice "a" is correct. When a CPA discovers an error in a previously filed return, the CPA must promptly notify the client of the error. Choice "b" is incorrect. Documentation is not sufficient. The client must be notified of the error. Choice "c" is incorrect. The CPA cannot prepare an amended return without the client's permission. Furthermore, the CPA is expressly prohibited from notifying the taxing authority of the error without permission of the client, except when required by law. Choice "d" is incorrect. When a CPA discovers an error in a previously filed return, the CPA must promptly notify the client of the error. If the client does not cooperate with correcting the error, the CPA may then consider whether to continue the professional relationship with the client.

Question 32

Starr, CPA, prepared and signed Cox's Year 1 federal income tax return. Cox informed Starr that Cox had paid doctors' bills of $20,000 although Cox actually had paid only $7,000 in doctors' bills during Year 1. Based on Cox's representations, Starr computed the medical expense deduction that resulted in an understatement of tax liability. Starr had no reason to doubt the accuracy of Cox's figures and Starr did not ask Cox to submit documentation of the expenses claimed. Cox orally assured Starr that sufficient evidence of the expenses existed. In connection with the preparation of Cox's Year 1 return, Starr is: a. Liable to the IRS for negligently preparing the return. b. Not liable to the IRS for any penalty or interest. c. Liable to Cox for interest on the underpayment of tax. d. Not liable to the IRS for any penalty, but is liable to the IRS for interest on the underpayment of tax.

Answer 32

Not liable to the IRS for any penalty or interest. Explanation: Choice "b" is correct. A CPA is entitled to rely on the client's representations that adequate documentation exists to support the expenses that the client claims. As long as the CPA asks the client whether the client has documentation, the CPA will not be liable for either a penalty or interest because of the client's misrepresentation.

Question 33

Kopel was engaged to prepare Raff's Year 4 federal income tax return. During the tax preparation interview, Raff told Kopel that he paid $3,000 in property taxes in Year 4. Actually, Raff's property taxes amounted to only $600. Based on Raff's word, Kopel deducted the $3,000 on Raff's return, resulting in an understatement of Raff's tax liability. Kopel had no reason to believe that the information was incorrect. Kopel did not request underlying documentation and was reasonably satisfied by Raff's representation that Raff had adequate records to support the deduction. Which of the following statements is correct? a. Kopel is not subject to the preparer penalty for willful understatement of tax liability because Kopel was justified in relying on Raff's representation. b. Kopel is not subject to the preparer penalty for willful understatement of tax liability because the deduction that was claimed was more than 25% of the actual amount that should have been deducted. c. To avoid the preparer penalty for willful understatement of tax liability, Kopel was obligated to examine the underlying documentation for the deduction. d. To avoid the preparer penalty for willful understatement of tax liability, Kopel would be required to obtain Raff's representation in writing.

Answer 33

Kopel is not subject to the preparer penalty for willful understatement of tax liability because Kopel was justified in relying on Raff's representation. Explanation: Choice "a" is correct. In preparing or signing a return, a CPA may in good faith rely without verification upon information furnished by the client or by third parties. Choice "c" is incorrect. A tax preparer need not examine all underlying documents to assure that the client is properly representing expenses. Choice "d" is incorrect. A tax preparer need not obtain a client's representation regarding deductions in writing. Choice "b" is incorrect. A tax preparer's liability for misrepresentations does not depend on the percentage difference between actual expenses and claimed expenses, but rather on whether the preparer willfully misrepresented the deduction.

Question 34

Which of the following statements is correct with respect to the AICPA's Statements on Standards for Tax Services (SSTS)? a. SSTS apply only to tax returns that are being prepared for external clients and not to those that are being prepared for employers. b. In general, a preparer should recommend a tax return position only if the preparer has a good faith belief that the position has a realistic possibility of being sustained on its merits. c. A tax return position is (1) a position reflected on a tax return on which a preparer has specifically advised a taxpayer and (2) a position about which a preparer has concluded whether the position is appropriate. d. SSTS apply only to federal income tax returns and not to state and local tax returns.

Answer 34

In general, a preparer should recommend a tax return position only if the preparer has a good faith belief that the position has a realistic possibility of being sustained on its merits. Explanation: Choice "b" is correct. In general, a preparer should recommend a tax return position only if the preparer has a good faith belief that the position has a realistic possibility of being sustained administratively or judicially on its merits. Choice "c" is incorrect. A tax return position is (1) a position reflected on a tax return on which a preparer has specifically advised a taxpayer or (2) a position about which a preparer has concluded whether the position is appropriate. A tax return position is either of the two. Choice "d" is incorrect. SSTS apply to all types of tax returns, not just to federal income tax returns. Choice "a" is incorrect. SSTS apply to tax returns that are being prepared for clients, employer, or any other third party recipient of tax services.

Question 35

A tax preparer has advised a company to take a position on its tax return. The tax preparer believes that there is a 75% possibility that the position will be sustained if audited by the IRS. If the position is not sustained, an accuracy-related penalty and a late-payment penalty would apply. What is the tax preparer's responsibility regarding disclosure of the penalty to the company? a. The tax preparer has no responsibility for disclosing any potential penalties to the company, because the position will probably be sustained on audit. b. The tax preparer is responsible for disclosing only the accuracy-related penalty to the company. c. The tax preparer is responsible for disclosing both penalties to the company. d. The tax preparer is responsible for disclosing only the late-payment penalty to the company.

Answer 35

The tax preparer is responsible for disclosing both penalties to the company. Explanation: Choice "c" is correct. This position passes the realistic probability standard. Given the facts, the position meets the more-likely-than-not standard; that is, a greater than 50% likelihood that the position, if it is challenged, will be upheld on the position’s merits. Therefore, it is proper for the tax preparer to recommend the position to the client. However, the tax preparer is required to inform the client of all possible penalties that the IRS could collect if the IRS disallows the position and, if upon subsequent appeal by the taxpayer the courts conclude that the taxpayer has not met the more-likely-than-not standard. Choices "b", "d", and "a" are incorrect based on the above explanation.

Question 36

Lawson, a CPA, discovers material noncompliance with a specific Internal Revenue Code (IRC) requirement in the prior-year return of a new client. Which of the following actions should Lawson take? a. Wait for the statute of limitations to expire. b. Contact the prior CPA and discuss the client's exposure. c. Contact the IRS and discuss courses of action. d. Discuss the requirements of the IRC with the client and recommend that client amend the return.

Answer 36

Discuss the requirements of the IRC with the client and recommend that client amend the return. Explanation: Choice "d" is correct. The CPA should notify the client concerning the noncompliance and recommend the proper course of action. Choice "a" is incorrect. The CPA is required to notify and discuss the situation with the client. Choice "c" is incorrect. The CPA must discuss the situation with the client and is barred from contacting the IRS without the client's permission. Choice "b" is incorrect, based on the above explanation.

Question 37

A tax preparer can recommend a tax return position according to the Statements on Standards for Tax Services No. 1: a. If the tax authority has no written standards and the tax preparer has a reasonable basis for the position and it is adequately disclosed on the tax return. b. If the tax position complies with the standards imposed by the applicable tax authority. c. If the tax authority has no written standards and the tax preparer has a good-faith belief that the position has a realistic possibility of being sustained if challenged. d. All of the above.

Answer 37

All of the above. Explanation: Choice "d" is correct. The AICPA Statement on Standards for Tax Services No. 1 states that a tax professional should comply with the standards, if any, imposed by the applicable tax authority for recommending a tax position, or preparing or signing a tax return. If the tax authority has no written standards, then the tax professional may recommend a tax return position or prepare or sign a return when she has a good-faith belief that the position has a realistic possibility of being sustained if challenged, or if there is a reasonable basis for the position and it is adequately disclosed on the tax return. Choice "a" is incorrect. Choices "a", "c", and "b" are all true statements. Choice "c" is incorrect. Choices "a", "c", and "b" are all true statements. Choice "b" is incorrect. Choices "a", "c", and "b" are all true statements.

Question 38

Under the Statements on Standards for Tax Services, what is a CPA’s responsibility for verifying information furnished by the taxpayer or third parties? a. A CPA may, in good faith, rely on information furnished by the taxpayer or by third parties without verification. b. A CPA should not refer to the taxpayer's previous tax returns unless the returns report transactions that affect the current tax period. c. A CPA need not consider implications of information furnished if the information comes directly from a third party. d. A CPA need not make additional inquiries if the information furnished appears to be incorrect, incomplete, or inconsistent with other facts known to the CPA.

Answer 38

A CPA may, in good faith, rely on information furnished by the taxpayer or by third parties without verification. Explanation: Choice “a” is correct. A CPA may rely on information provided by a client without verification as long as the information does not appear to be incorrect, incomplete, or inconsistent. Choice “d” is incorrect. A CPA should make additional inquiries if the information appears to be incorrect, incomplete, or inconsistent. Choice “c” is incorrect. Even though the information comes from a third party, a CPA should consider the implications of the information. Choice “b” is incorrect. A CPA should refer to the previous tax returns during the current engagement.

Question 39

A taxpayer wants to take a position on a tax return that the CPA determines is frivolous. However, the CPA and the taxpayer determine that the possibility of the return being selected for audit is remote and that even if the return is selected for audit the issue most likely will not be raised. According to the AICPA Statements on Standards for Tax Services, under these circumstances the CPA a. Can sign or prepare the return with this position because there is a realistic possibility that the position will not be challenged. b. Can sign or prepare the return with this position if the taxpayer signs a tax preparer waiver of liability. c. Cannot sign or prepare the return with this position. d. Can sign or prepare the return with this position as long as the CPA advises the taxpayer that the position is frivolous.

Answer 39

Cannot sign or prepare the return with this position. Explanation: Choice “c” is correct. The CPA cannot sign or prepare a tax return with a known frivolous position. The likelihood of audit or the raising of the issue is not relevant in this determination. Choices “d”, “a”, and “b” are incorrect, based on the above explanation.