Generic Flashcards
Part 3
Failure to sign return – IRC § 6695(b):
Penalty is $50 for each failure of a tax preparer to sign a tax return or refund claim (maximum penalty 27,000 in calendar year 2022).
For returns filed in calendar year 2023, the penalty is $55 // $28,000.
For returns filed in calendar year 2024, the penalty is $60 // $30,000.
For returns filed in calendar year 2025, the penalty is $60 // $31,500.
A non-enrolled tax preparer
(those who are not an EA, CPA, or attorney), may only represent a taxpayer in front of the IRS
for a tax return
you have completed and signed.
As an enrolled agent, you can absolutely represent a client before the IRS,
regardless of who prepared their return(s).
- Which of the following statements is true regarding rejected electronic filed returns?
A. The ERO must notify the taxpayer within 48 hours if they can’t fix the reason for the rejection
B. The ERO only needs to provide the taxpayer an explanation of the rejection
C. To timely file the return, the taxpayer must file the paper return by the later of the due date of the
return or ten calendar days after the notification of rejection
D. Taxpayers do not need to include any explanation with the paper return, as to why it is being filed
after the due date
C. To timely file the return, the taxpayer must file the paper return by the later of the due date of the
return or ten calendar days after the notification of rejection
Claims for Refund
19. To avoid the accuracy-related penalty for substantial understatement,
which of the following is a type of authority that may be relied upon by the taxpayer to show substantial authority?
A. www.irs.gov
B. Treasury regulations
C. IRS Forms
D. IRS Publications
B. Treasury regulations
- If a taxpayer + IRS fail to settle a
non-docketed examination controversy
in the IRS Independent Office of Appeals,
the next event to occur is:
A. Issuance of a notice of deficiency
B. Issuance of notice and demand for payment
C. Referral of the case to the Taxpayer Advocate Service
D. Return of the case to the assigned Revenue Agent for further review
A. Issuance of a notice of deficiency
Which of the below statements is correct regarding complaints for the sanctioning of a practitioner, employer, firm, appraiser, or other entity
for violations of the
regulations governing practice
before the Internal Revenue Service?
A. A United States Tax Court judge oversees proceedings regarding the complaint
B. In general, discovery may be permitted at the discretion of an Administrative Law Judge
C. Within 30 days of receipt of the answer, the presiding judge will notify the parties of the right to
request discovery and the timeframe for filing a request
D. The complaint can only be served on the respondent in person by a designated employee of the
Internal Revenue Service
B. In general, discovery may be permitted at the discretion of an Administrative Law Judge
- When advertising their services, an enrolled agent may use which one of the following phrases to describe their professional designation?
A. Certified to practice before the Internal Revenue Service
B. Admitted to practice before the Internal Revenue Service
C. Enrolled as a representative of the Internal Revenue Service
D. Licensed to practice before the Internal Revenue Service
B. Admitted to practice before the Internal Revenue Service
- An enrolled agent’s written communications with a client may be privileged
if they concern:
A. A criminal tax investigation
B. Preparing the client’s tax return
C. Representing the client in an IRS examination
D. Encouraging the client to participate in a tax shelter
C. Representing the client in an IRS examination
An EA’s client is an individual who is requesting assistance with a proposed penalty.
Which of the following is a method of contesting the penalty?
A. Prior to a penalty’s assessment and before any request for relief has been denied, or a 30-day letter has been issued, the EA can request a conference with the IRS Independent Office of Appeals
B. Prior to a penalty’s assessment, the EA can request binding arbitration to reconsider the penalty
C. Before the penalty has been assessed, the EA can submit a written request for penalty abatement
D. After the penalty has been assessed and paid, the EA can file a claim for refund with the IRS
D. After the penalty has been assessed and paid, the EA can file a claim for refund with the IRS
A taxpayer received a notice from the IRS stating a prior year’s tax return had been examined and that an adjustment was made increasing the amount of tax by $2,560.
The taxpayer disagrees with the adjustment.
Under which situation could the taxpayer request an audit reconsideration?
A. The full amount owed has already been paid
B. The taxpayer has not discovered any new documentation for IRS Exam to consider
C. The taxpayer did not appear for the examination or did not send information to the IRS
D. The taxpayer moved but received the examination notice
C. The taxpayer did not appear for the examination or did not send information to the IRS
A new client visits an EA.
The taxpayer believes that the U.S. tax system is purely voluntary + filed a return showing 0 income tax, requesting all withholding be refunded.
The IRS assessed a $5,000 frivolous return penalty.
The taxpayer received a
Notice of Intent to Levy and Right to Collection Due Process (CDP) hearing
concerning the $5,000 penalty.
The taxpayer wants the EA to present the previous arguments about the
tax system in the CDP hearing request.
Which of the following is a correct statement regarding the CDP hearing request raising arguments
previously deemed frivolous?
A. Filing the CDP request will suspend any levies while the IRS Independent Office of Appeals considers the request
B. The EA would not be subject to a frivolous submission penalty by submitting the CDP hearing request
C. Since a $5,000 frivolous return penalty has been assessed, a second penalty cannot be assessed for the same tax period
D. If the IRS provides the taxpayer with notice that the CDP request is frivolous, the taxpayer will be
given 30 days to withdraw or amend the CDP request to avoid a frivolous submission penalty
D. If the IRS provides the taxpayer with notice that the CDP request is frivolous, the taxpayer will be
given 30 days to withdraw or amend the CDP request to avoid a frivolous submission penalty
- An enrolled agent (EA) may represent a taxpayer:
A. At conferences or meetings with the IRS Examination Division
B. Only if the EA prepared the return under examination
C. At all tax-related federal court proceedings
D. Before the Taxpayer Advocate Service and the Tax Court
A. At conferences or meetings with the IRS Examination Division
- Which of the following tasks may be performed by an enrolled agent on behalf of his or her client?
A. Prepare and file a suit for refund in United States District Court
B. Prepare and sign a United States Tax Court petition to contest a notice of deficiency
C. Prepare and sign a protest to challenge examination results in the IRS Independent Office of Appeals
D. Prepare and file a bankruptcy petition in United States Bankruptcy Court due to unpaid tax balances
C. Prepare and sign a protest to challenge examination results in the IRS Independent Office of Appeals
- The IRS may accept an Offer in Compromise filed by the taxpayer or their representative under which of the conditions below?
A. The taxpayer’s tax debt might not be accurate
B. All the taxpayer’s liabilities have been referred to the Department of Justice for prosecution or
defense
C. The taxpayer has filed Chapter 13 bankruptcy
D. The taxpayer failed to file all legally required tax returns before the offer is submitted
A. The taxpayer’s tax debt might not be accurate
. For the IRS to grant a guaranteed installment agreement, a taxpayer must have not failed to file any income tax returns or pay any tax shown on such returns during any of the preceding:
A. 3 taxable years
B. 5 taxable years
C. 6 taxable years
D. 10 taxable years
B. 5 taxable years