Gleim 3 Flashcards
To avoid the penalty for underpayment of estimated tax - individual
AGI 150k rule
Must pay 110% of prior year instead of 100% or
90% of current year
Under 149k
Must pay 100% of prior year or
90% of current year
3 year statute of limitations on additional tax assessments apply?
A taxpayer inadvertently overstates deductions equal to 15% of gross income
Unlimited - NO RETURN is filed
Unlimited - evade taxi in filing income tax returns
When a taxpayer needs guidance with a specific tax issue related to a proposed transaction, the taxpayer can ask the IRS for ?
A private letter ruling - it is limited to that taxpayer
Head of household filing status example?
A single taxpayer maintains a separate home for his parent, who qualifies as a dependent
An individual qualifies for head of household status if (s)he satisfies conditions with respect to
Filing status. The individual may not file as a qualifying widow(er).
Marital status. A married individual who lives with a dependent apart from the spouse qualifies for head of household status if, for the tax year,
(S)he files separately;
(S)he pays more than 50% toward maintaining the household; and
For the last 6 months,
The spouse is not a member of the household,
The household is the principal home of a child of the individual, and
The individual can claim the child as a dependent.
Household maintenance. To qualify for head of household status, an individual must maintain a household that is the principal place of abode for a qualifying individual for at least half of the tax year.
Therefore, a single taxpayer whose spouse died in the preceding tax year and who has a dependent child living in the household qualifies for, and would file as the more beneficial status of, qualifying widow(er), and does not qualify to file as head of household.
How many years to claim refund on worthless securities?
7 years
The penalty for failure to pay tax is 0.5% of the amount due for each month (or fraction thereof) during which such tax remains unpaid. The maximum penalty under this provision is 25% (Sec. 6651). Mr. Johnson’s failure to pay penalty is computed as follows:
Additional tax due on return
$5,000
Penalty rate per month
× .005
Penalty for 1 month
$ 25
Number of months past due
× 2
Failure to pay penalty
$ 50
Failure to pay example
Excluded revenue received from cash customer. If found guilty of fraud may be subject to : (3)
Being held responsible for the costs of prosecution
a fine not more than 250,000
imprisonment for not more than 5 years
other penalties as provided by law
Adjustment to prior returns of past 5 years - is that allowed?
The statute of limitations on a typical adjustment to a return is 3 years following the date the return is file. Several years have expired. However, some of the adjustments are permissible.
Supporting a Family member as a dependent salary limit?
$4,400 in 2022
A statutory notice of deficiency explains that the taxpayer has 90 days to either pay the deficiency or else to file a ?
Petition with the US TAX Court
NOT US district court
NOT protest and request with an appeals officer - can only do this after receiving the 30-day letter, not after receiving the statutory notice of deficiency
The IRS may assess additional tax up until which date?
April 15, year 3
3 years from The date from which the return was filed
A calendar-year C corporation received an automatic extension of time for filing its Year 1 return by submitting an application on Form 7004. On what date is the corporation’s return due?
A C corporation must file its return on or before the 15th day of the 4th month following the close of the tax year. For a calendar-year-end corporation, the due date for a tax return is 4/15/Yr 2. By filing Form 7004, the corporation receives an automatic 6-month extension for filing the tax return, which moves the due date to 10/15/Yr 2. However, the corporation must pay its estimated tax liability by the original due date. The time for payment of the taxes is not extended.
Who can’t be dependents?
Spouses are not classified as dependents
no cousins either
Uncle can be claimed as dependent
Statute of limitations changes from 3 years to how many if it effects an omission of more than 25% gross income stated on the return?
double to 6 years