R4 Flashcards

1
Q
Stone and Frazier decided to terminate the Woodwest Partnership as of December 31. On that date, Woodwest's balance sheet was as follows:
 Cash	$ 2,000
  Equipment (adjusted basis)	 2,000
 Capital - Stone	3,000
  Capital - Frazier	 1,000
The fair market value of the equipment was $3,000. Frazier's outside basis in the partnership was $1,200. Upon liquidation, Frazier received $1,500 in cash. What gain should Frazier recognize?
	a.	$500
	b.	$0
	c.	$300
	d.	$250
A

C. I chose B. It’s important to realize that Frazier didn’t actually receive the building and the amounts here are on the partnerships books. It’s important to realize that the cash and equipment and all of those are already factored into his $1200 basis in the partnerhsip

The outside basis and the inside basis are going to be different, do let it confuse you

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2
Q
On June 30, Year 8, Berk retired from his partnership. At that time, his capital account was $50,000 and his share of the partnership's liabilities was $30,000. Berk's retirement payments consisted of being relieved of his share of the partnership liabilities and receipt of cash payments of $5,000 per month for 18 months, commencing July 1, Year 8. Assuming Berk makes no election with regard to the recognition of gain from the retirement payments, he should report income therefrom of:
Year 8   Year 9
	a.	--;$40,000
	b.	$13,333; $26,667
	c.	$40,000; --
	d.	$20,000; $20,000
A

A. I didn’t know so I guessed. Its important to realize that the amount of his “distribution” doesn’t actually break down the release of debt into installments. I think that’s me overthinking it too much. It’s relieved immediately and the payments are distributed seperately.

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3
Q

Olson, Wayne, and Hogan are equal partners in the OWH partnership. Olson’s basis in the partnership interest is $70,000. Olson receives a liquidating distribution of $10,000 cash and land with a fair market value of $63,000, and a basis of $58,000. What is Olson’s basis in the land?

a. $63,000
b. $70,000
c. $60,000
d. $58,000
A

C. I chose D. It’s important to realize that this is a LIQUIDATING distribution, so you zero out to get out.

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4
Q

The at-risk limitation provisions of the Internal Revenue Code may limit:
I.A partner’s deduction for his or her distributive share of partnership losses.
II.A partnership’s net operating loss carryover.
a. Neither I nor II.
b. Both I and II.
c. II only.
d. I only.

A

C. I chose B. It does not include II because any unused loss can be carried forward and used in a future year when basis becomes available; therefore, the at-risk limitation does not limit a partner’s net operating loss carryover.

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5
Q

Reid, Welsh, and May are equal partners in the RWM partnership. Reid’s basis in the partnership interest is $60,000. Reid receives a liquidating distribution of $61,000 cash and land with a fair market value of $14,000 and an adjusted basis of $12,000. What gain must Reid recognize upon the liquidation of his partnership interest?

a. $1,000
b. $0
c. $13,000
d. $15,000
A

A. I chose C. It’s important to remember that when it comes to liquidation in a partnership, the cash is reduced first and any excess amount of cash is realized as a boot and therefore is a gain. The land doesn’t have a basis.

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6
Q

The CSU partnership distributed to each partner cash of $4,000, inventory with a basis of $4,000 and a fair market value (FMV) of $6,000, and land with an adjusted basis of $5,000 and an FMV of $3,000 in a liquidating distribution. Partner Chang had an outside basis in Chang’s partnership interest of $12,000. In the second year after receiving the liquidating distribution, Chang sold the inventory for $5,000 and the land for $3,000. What income must Chang report upon the sale of these assets?

a. $0 gain or loss.
b. $1,000 ordinary gain and $1,000 capital loss.
c. $0 ordinary gain and $1,000 capital loss.
d. $1,000 ordinary gain and $0 capital loss.
A

B. I knew there was a $1,000 ordinary gain, but I wasn’t sure about the capital gain amount. Reduce the basis in the following order: 1. Cash 2. Hot assets 3. Cancellation of debt 4. Land

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7
Q

In a partnership, what is the order that the assets received for a sale of the partnership need to be deducted from the partners basis to determine any gain/loss?

A
  1. Cash
  2. Hot assets (inventory, income” receivables, “recpature income”
  3. Cancellation of debt
  4. Land
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8
Q

Dale was a 50% partner in D&P Partnership. Dale contributed $10,000 in cash upon the formation of the partnership. D&P borrowed $10,000 to purchase equipment. During the first year of operations, D&P had $15,000 net taxable income, $2,000 tax-exempt interest income, a $3,000 distribution to each partner, and a $4,000 reduction of debt. At the end of the first year of operation, what amount would be Dale’s basis?

a. $18,500
b. $21,500
c. $16,500
d. $17,500
A

A. I chose C. I was thrown off by the $4,000. It’s important to note that the $4,000 was the reduction of debt in total of the partnership, so only $2,000 was subtracted from his basis.

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9
Q

On June 1, Year 1, Don Kerr received a 10% interest in the capital of Rev Company, a partnership, for services rendered. Rev’s net assets on June 1, Year 1, had a basis of $35,000 and a fair market value of $50,000. What income must Kerr include in his Year 1 tax return for the partnership interest transferred to him by the other partners?

a. $3,500 ordinary income.
b. $3,500 capital gain.
c. $5,000 capital gain.
d. $5,000 ordinary income.
A

D. I chose A. It’s important to realize that this is for SERVICES RENDERED. AKA FMV!!

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10
Q

Partnership Abel, Benz, Clark & Day is in the real estate and insurance business. Abel owns a 40% interest in the capital and profits of the partnership, while Benz, Clark, and Day each owns a 20% interest. All use a calendar year. At November 1 of the current year, the real estate and insurance business is separated, and two partnerships are formed: Partnership Abel & Benz takes over the real estate business, and Partnership Clark & Day takes over the insurance business. Which one of the following statements is correct for tax purposes?

a. Informing Partnership Clark & Day, partners Clark and Day are subject to a penalty surtax if they contribute their entire distributions from Partnership Abel, Benz, Clark & Day.
b. Partnership Abel & Benz is considered to be a continuation of Partnership Abel, Benz, Clark & Day.
c. Before separating the two businesses into two distinct entities, Partnership Abel, Benz, Clark & Day must file a formal dissolution with the IRS on the prescribed form.
d. Before separating the two businesses into two distinct entities, the partners must obtain approval from the IRS.
A

B. I chose C. Partnership Abel & Benz is considered to be a continuation of partnership Abel, Benz, Clark, and Day as Abel (40%) and Benz (20%) constitute more than 50% of the old partnership.
It wouldn’t be a termination needing formal dissolution with the IRS bc it didn’t fall into either of these categories.
1. stops doing business.
2. 50% or more of the total interest in the partnership capital and profits changes hands by sale of exchange within 12 consecutive months.
3. Only one partner remains which makes it a sole proprietorship.

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11
Q
The personal service partnership of Allen, Baker & Carr had the following cash basis balance sheet at December 31 of the current year:
Adjusted basis per books	;Market
value
  ASSETS		
 Cash	$ 102,000	$ 102,000
 Unrealized accounts receivable	−	420,000
 Total	$ 102,000	$ 522,000
  LIABILITY AND CAPITAL		
  Note payable	 60,000	 60,000
  Capital accounts:		
  Allen	 14,000	 154,000
 Baker	 14,000	154,000
  Carr	 14,000	 154,000
  Totals	$  102,000	$  522,000
Carr, an equal partner, sold his partnership interest to Dole, an outsider, for $154,000 cash on January 1 of the following year. In addition, Dole assumed Carr's share of the partnership's liability.
What was the total amount realized by Carr on the sale of his partnership interest?
	a.	$140,000
	b.	$174,000
	c.	$134,000
	d.	$154,000
A

B. I guessed. it doesn’t ask for the GAIN realized. It asks for the amount realized. This is important, bc this is just the 20,000 + cash received.

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12
Q

Which of the following should be used in computing the basis of a partner’s interest acquired from another partner?
Cash paid by transferee
to transferor Transferee’s share of
partnership liabilities
a. Yes; No
b. Yes; Yes
c. No; No
d. No; Yes

A

B. I chose D. It’s important to realize that the transferee is the new partner and the cash paid to the transferor is included in the amount that they are paying for the interest in the partnership

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13
Q

On January 1 of the current year, Kane was a 25% equal partner in Maze general partnership, which had partnership liabilities of $300,000. On January 2, a new partner was admitted and Kane’s interest was reduced to 20%. On April 1, Maze repaid a $100,000 general partnership loan. Ignoring any income, loss, or distributions for the current year, what was the net effect of the two transactions on Kane’s tax basis in Maze partnership interest?

a. Decrease of $75,000.
b. Increase of $15,000.
c. Decrease of $35,000.
d. Has no effect.
A

C. I guessed on this. It’s important to edit the amount that Kane owed of the $300,000 after the new partner was added to the partnership.

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14
Q

Basic Partnership, a cash-basis calendar year entity, began business on February 1, Year 1. Basic incurred and paid the following in Year 1:
Filing fees incident to the creation of the partnership $ 3,600
Accounting fees to prepare the representations in offering materials 12,000
Basic elected to amortize costs. What was the maximum amount that Basic could deduct on the Year 1 partnership return?
a. $3,600
b. $11,000
c. $2,860
d. $220

A

A. I chose C. This is wrong because it’s important to realize that the first $5,000 is deducted without any strings attached. After that the amount over the $5,000 is AMORTIZED, so that takes into consideration how many months you accrued these expenses over.

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15
Q

Peters has a one-third interest in the Spano Partnership. During 20X1, Peters received a $16,000 guaranteed payment, which was deductible by the partnership, for services rendered to Spano. Spano reported a 20X1 operating loss of $70,000 before the guaranteed payment. What is(are) the net effect(s) of the guaranteed payment?
I.The guaranteed payment increases Peters’ tax basis in Spano by $16,000.
II.The guaranteed payment increases Peters’ ordinary income by $16,000.
a. Neither I nor II.
b. II only.
c. I only.
d. Both I and II.

A

B. I chose D. The guaranteed payment increases Peters’ ordinary income by $16,000 but does not affect Peters’ tax basis because guaranteed payments are not undistributed earnings (they are distributed to the partner).

Rule: Guaranteed payments are reasonable compensation paid to a partner for services rendered without regard to the partner’s ratio of income. They are allowable tax deductions to the partnership and ordinary income to the partner receiving them.

Note: A guaranteed payment will not increase a partner’s basis in the partnership because the payment has been distributed to the partner.

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16
Q

In the absence of an election to adopt an annual accounting period, the required tax year for a partnership is:

a. A tax year of one or more partners with a more than 50% interest in profits and capital.
b. A tax year that results in the greatest aggregate deferral of income.
c. A tax year of a principal partner having a 10% or greater interest.
d. A calendar year.
A

A. I chose D.

Rule: Per IRC Section 706(b), a partnership tax year must have the same taxable year as the common taxable year of the partners that, in the aggregate, have interest greater than 50%, which is determined based on the “testing day,” the first day of the partnership’s tax year (not considering the majority interest rule). Note: After a change is made to the “majority-interest” tax year end, the partnership does not have to change to another tax year for two years following the year of change. Exceptions to the rule exist. (1) If there is no “majority-interest” tax year, then the tax year is the tax year of all of the principal partners of the partnership (those owning 5% or more of the income or capital of the partnership). (2) If the partnership is still unable to determine a tax year using the general rule or the first exception, then the tax year that causes the least aggregate deferral of income to the partners must be adopted.

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17
Q

George and Martha are equal partners in G&M Partnership. At the beginning of the current tax year, the adjusted basis of George’s partnership interest was $32,500, which included his share of $40,000 of partnership liabilities. During the tax year, the following information applied to G&M:
Operating loss $ 30,000
Interest and dividend income 8,000
Partnership liabilities at end of year 24,000
What was the basis of George’s partnership interest at year end?
a. $21,500
b. $29,500
c. $43,500
d. $13,500

A

D. I guessed A on this.

A partner’s share of operating losses reduces that partner’s basis. Likewise, a reduction in a partner’s share of liabilities reduces basis. A partner’s basis will increase by that partner’s share of income such as dividends and interest.
Initial basis in partnership interest $ 32,500
Equal share of interest and dividends 4,000
Equal share of operating loss (15,000)
Share of decreased partnership liabilities at year end (8,000)
Basis of George’s partnership interest at year end $ 13,500

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18
Q
Mom and Pop Partnership had the following results during the taxable year:
Income from operations $100,000
loss
Capital gain from sale of land 25,000
Charitable contributions 10,000
Junior, a 50% partner, had an adjusted basis of $40,000 at December 31, without regard to the current year income or loss items. In preparing his individual income tax return, Junior should report which of the following amounts?
Ordinary Loss
Capital Gain
Charitable Contributions
	a.	
$47,500
$12,500
$5,000
	b.	
$50,000
$12,500
$5,000
	c.	
$40,000
$12,500
$5,000
	d.	
$32,500
$0
$0
A

A. I chose C. It’s important to note that charitable contributions are deducted from the basis and flowed through the to taxpayers individual tax return.

The deduction of the ordinary loss is limited to Junior’s basis and any at risk amounts. Junior’s basis is calculated as $40,000 + $12,500 capital gain - $5,000 charitable contributions = $47,500; thus the ordinary loss deducted on his return would be limited to $47,500.

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19
Q

Turner, Reed, and Sumner are equal partners in TRS partnership. Turner contributed land with an adjusted basis of $20,000 and a fair market value (FMV) of $50,000. Reed contributed equipment with an adjusted basis of $40,000 and an FMV of $50,000. Sumner provided services worth $50,000. What amount of income is recognized as a result of the transfers?

a. $90,000
b. $50,000
c. $60,000
d. $150,000
A

B. I guessed on this. It’s an easy question, just don’t overthink it. The land and the equipment are nontaxable to the individual bc this exchange happened in the formation of a partnership.

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20
Q

Able and Baker are equal members in Apple, an LLC. Apple has elected not to be treated as a corporation. Able contributes $7,000 cash and Baker contributes a machine with a basis of $5,000 and a fair market value of $10,000, subject to a liability of $3,000. What is Apple’s basis for the machine?

a. $2,000
b. $8,000
c. $5,000
d. $10,000
A

C. I chose B. It’s important to realize that the liability isn’t included in the basis for the machine.

For a partnership, the basis is the carry basis + any gain recognized by the incoming partner if a special election is made.

This differs from the rules of a corporation bc a corporations says that the machines basis would be the greater of: 1) The NBV + any gain recognzied by the transferor/shareholder OR 2) Debt assumed by the corporation

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21
Q
PDK, LLC had three members with equal ownership percentages. PDK elected to be treated as a partnership. For the tax year ending December 31, Year 1, PDK had the following income and expense items:
Revenues $ 120,000
Interest income 6,000
Gain on sale of securities 8,000
Salaries 36,000
Guaranteed payments 10,000
Rent expense 21,000
Depreciation expense 18,000
Charitable contributions 3,000
What would PDK report as nonseparately stated income for Year 1 tax purposes?
	a.	$51,000
	b.	$35,000
	c.	$30,000
	d.	$43,000
A

B. I guessed bc none of my answers were matching up. It’s important to realize that charitable contributions and the gain on sale of equipment are separately reported items. Rent expense is included in the nonseparately reported items.

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22
Q

A distribution to an estate’s sole beneficiary for the current calendar year equaled $15,000, the amount currently required to be distributed by the will. The estate’s current year records were as follows:
Estate income:
$40,000 Taxable interest
Estate disbursements:
$34,000 Expenses attributable to taxable interest
What amount of the distribution was taxable to the beneficiary?
a. $6,000
b. $0
c. $40,000
d. $15,000

A

A. I chose B. I was thinking that the estate needed to pay the tax, not the person receiving the money. It’s important not to get estate and gift tax confused. Gift taxes are not paid by the person receiving the gift, they are paid by the donor.

23
Q

Which of the following payments would require the donor to file a gift tax return?

a. $30,000 to a university for a spouse's tuition.
b. $40,000 to a university for a cousin's room and board.
c. $50,000 to a hospital for a parent's medical expenses.
d. $80,000 to a physician for a friend's surgery.
A

B. Only allowable for unlimited exclusions if the money was to pay for tuition and not room and board

24
Q

Income in respect of a cash basis decedent:

a. Covers income earned before the taxpayer's death but not collected until after death.
b. Must be included in the decedent's final income tax return.
c. Receives a stepped-up basis in the decedent's estate.
d. Cannot receive capital gain treatment.
A

A. I chose B.

B is wrong bc Income in respect of a cash basis decedent collected after death is not included on the decedent’s final return, but is included in the estate tax return or the tax return of the heir.

25
Q

During the current year, a trust reports the following information:
Dividends $ 10,000
Interest from corporate bonds 12,000
Tax-exempt interest from state bonds 4,000
Capital gain (allocated to corpus) 2,000
Trustee fee (allocated to corpus) 6,000
What is the trust’s accounting income?
a. $28,000
b. $22,000
c. $26,000
d. $34,000

A

C. I chose B. It’s important to realize that accounting income is strictly income and expenses, it doesn’t include any amount that is attributable to corpus.

26
Q

Joe is the trustee of a trust set up for his father. Under the Internal Revenue Code, when Joe prepares the annual trust tax return, Form 1041, he:

a. Is not considered a tax return preparer.
b. Is considered a tax return preparer because his father is the grantor of the trust.
c. Must obtain the written permission of the beneficiary prior to signing as a tax return preparer.
d. May not sign the return unless he receives additional compensation for the tax return.
A

A. He cannot sign us a tax return preparer unless he is paid bc the form says “paid preparer use only” There is a separate spot where the trustee will sign

27
Q

Which, if any, of the following could result in penalties against an income tax return preparer?
I.Knowing or reckless disclosure or use of tax information obtained in preparing a return.
II. A willful attempt to understate any client’s tax liability on a return or claim for refund.
a. II only.
b. Both I and II.
c. I only.
d. Neither I nor II.

A

B. I chose C. The reason that II is right is because it is understated, not minimized. The taxpreparer is allowed to minimize the clients liability, as long as it’s not understated

28
Q

Which of the following acts by a CPA will not result in a CPA incurring an IRS penalty?

a. Understating a client's tax liability as a result of an error in calculation.
b. Failing, without reasonable cause, to provide the client with a copy of an income tax return.
c. Failing, without reasonable cause, to sign a client's tax return as preparer.
d. Negotiating a client's tax refund check when the CPA prepared the tax return.
A

A. I chose D. It’s important to note that a tax preparer cannot negotiate an IRS refund unless the check is specifically meant for them, if they do, there is a penalty of $500/check.

A will not result in a penalty bc it was a human error.

29
Q

A CPA is permitted to disclose confidential client information without the consent of the client to:
I.Another CPA who has purchased the CPA’s tax practice.
II.Another CPA firm if the information concerns suspected tax return irregularities.
III.A state CPA society voluntary quality control review board.
a. II and III only.
b. III only.
c. I and III only.
d. II only.

A

B. I chose C. It’s important to realize that the only ways that a tax preparer can disclose clients information without consent is through a court order, declaration of estimated tax, or for quality and peer reviews, computer processing and administrative orders.

30
Q

Which of the following statements is correct for penalties and fines with respect to exercising due diligence for the earned income credit?

a. The penalty for failure to be diligent will not apply if the tax return preparer can demonstrate that the preparer's normal office procedures were reasonably designed and routinely followed to ensure due diligence compliance.
b. The penalty for each failure to be diligent in determining a client's eligibility for the earned income credit is a minimum of 2 years imprisonment in a designated Federal Correctional Institution.
c. The due diligence requirements address eligibility checklists, computation worksheets, and record retention.
d. The penalty for each failure to be diligent in determining the amount of the earned income credit is $1,000 for each such failure.
A

C. I chose A. It’s important to understand that A is wrong because just showing that the office procedures were designed and routinely applied, isn’t enough to get out of penalties. In addition, they would need to show that the failure to meet the due diligence requirements was isolated and inadvertent (not deliberate). Both aspects are necessary.

-The penalties for due diligence for the earned income credit is only $100 per mistake, not $1,000 and deff. not imprisonment.

31
Q

For an opinion to be a covered opinion:

a. The practitioner issuing the covered opinion must be knowledgeable in all aspects of federal tax law relevant to the opinion being rendered and may rely on the opinion of other practitioners for part(s) of the opinion, with identification of the other practitioner's opinion and conclusion.
b. A written advice subject to contractual protection is one where the practitioner has a written contract to issue the written advice.
c. The practitioner issuing the covered opinion must be knowledgeable in all aspects of federal tax law relevant to the opinion being rendered and may reasonably rely on the opinion of other practitioners for part(s) of the opinion. No identification should be made of the other practitioner or the other practitioner's opinion since the original practitioner is responsible for the entire opinion.
d. The practitioner issuing the covered opinion must be knowledgeable in all aspects of federal tax law and may not rely on the opinion of any other practitioner for parts of the opinion.
A

A. i chose C. With regards to covered opinions, it states that “the practitioner must be knowledgeable in all aspects of federal tax law relevant to the opinion being rendered” then goes on to say “The practitioner may reasonably rely upon the opinion of another practitioner. The relying practitioner’s opinion must identify the other opinion and set forth the other opinion’s conclusion.

32
Q

Green & Ishade, CPAs are issuing a marketed opinion for a particular investment plan. Which of the following statements is correct for this opinion or other types of covered opinions?

a. A listed transaction is a tax avoidance transaction.
b. A reportable transaction is a transaction which must be included on a separate line of a federal tax return.
c. A marketed opinion does not include advice which is about any arrangement the principal purpose of which is federal tax avoidance or evasion.
d. A marketed opinion is advice that will be used to promote, market, or sell an investment plan in a corporate form.
A

A is correct. I chose D. It’s important to realize that the definition of a marketed opinion is “advice that will be used to promote, market or sell a PARTNERSHIP, INVESTMENT PLAN, OR ARRANGEMENT. It is not limited to a corporation like D suggests.

-A is true for both marketed opinions and other types of opinions such as reliance opinions

33
Q

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 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.
b. Guess may not use estimates provided by Bates in any situation.
c. Guess may use estimates provided by Bates if it is not practical for Bates to obtain exact data.
d. Guess may use estimates provided by Bates due to the fact that she has been preparing returns for Bates for more than 10 years.
A

C. I chose A. It is important to note that disclosures of estimates are not generally required unless when the estimates are made in unusual circumstances. For example, when records have been destroyed by fire or computer failure. Then, they should be presented in a way that doesn’t imply that the information is exact.

-There is no “estimates have been used in the preparation of this return” box.

C is correct bc: Guess may use estimates provided by Bates if it is not practical for Bates to obtain exact data. Guess has the responsibility to check and make sure the estimates are reasonable though.

34
Q

Which of the following statements is correct for the disciplinary power of the state boards of accountancy?

a. Adverse state board decisions cannot be reviewed by the courts. The state board's decision is final.
b. The state board of accountancy must find, by proof beyond a reasonable doubt, that the CPA's actions constituted professional misconduct.
c. The state board of accountancy can conduct a formal hearing for possible disciplinary action.
d. The state board of accountancy does not have to provide due process of law.
A

C. I chose B. It is important to note that the state board must find it was more likely than not that the accountant’s actions constituted professional misconduct. Unlike with criminal cases, which requires the board to find proof beyond a reasonable doubt.

35
Q

Which of the following statements is correct for disciplinary action by the AICPA and state CPA societies?

a. The AICPA and state CPA societies can sanction their members and, in addition, can suspend or permanently revoke a CPA's license.
b. Membership in the AICPA can be suspended or terminated without a hearing.
c. The AICPA cannot suspend or terminate membership for failure to pay dues but can suspend or terminate membership for failure to meet CPE requirements.
d. The Joint Trial Board of the AICPA can expel a member by majority vote.
A

B. I chose D. D is wrong because the joint trial board of the AICPA can expel a member for 2/3 vote. They are able to suspend a member up to 2 years or impose lesser sanctions under majority vote though.

-They are able to suspend or expel a member though without a hearing if they have proof already.

36
Q

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. The client's business acumen.
b. The likelihood that current tax litigation will impact the advice.
c. Whether the client will seek a second opinion.
d. The tax sophistication of the client.
A

D. I chose B. It’s important to realize that the likelihood that current tax litigation will impact that advice doesn’t have to do with whether or not it should be written or demonstrated orally. If anything, maybe it would affect giving them that advice in the first place if it could be subject to a lawsuit.

Acumen: The ability to make quick judgements.

37
Q

Louis, the volunteer treasurer of a nonprofit organization and a member of its board of directors, compiles the data and fills out its annual Form 990, Return of Organization Exempt from Income Tax. Under the Internal Revenue Code, Louis is not considered a tax return preparer because:

a. He is a member of the board of directors.
b. The return does not contain a claim for a tax refund.
c. Returns for nonprofit organizations are exempt from the preparer rules.
d. He is not compensated.
A

D. I chose B. It’s important to realize that B just says something about a claim for a refund. The main thing that makes a person qualify as a preparer is if they get compensated for their work.

The term “tax return preparer” means any person who prepares for compensation, or who employs one or more persons to prepare for compensation, any tax return required under the IRC or any claim for refund of tax imposed by the IRC.

38
Q

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. Liable to Cox for interest on the underpayment of tax.
c. Not liable to the IRS for any penalty, but is liable to the IRS for interest on the underpayment of tax.
d. Not liable to the IRS for any penalty or interest.
A

D. I chose A. It’s important to realize that 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.

  • Negligence: Failure to make a reasonable attempt to comply with the provisions of the internal revenue laws or to exercise ordinary and reasonable care in the preparation of a tax return.
  • If the information appears incorrect or incomplete, then we have to make REASONABLE INQUIRIES.
  • Then after that we might be required to ask for documentation if the numbers seem INACCURATE.
  • In this case, it states that there was no reason to doubt the accuracy of his figures, so he was right.
39
Q

To avoid tax return preparer penalties for a return’s understated tax liability due to an intentional disregard of the regulations, which of the following actions must a tax preparer take?

a. Make reasonable inquiries if the taxpayer's information is incomplete.
b. Audit the taxpayer's corresponding business operations.
c. Examine the taxpayer's supporting documents.
d. Review the accuracy of the taxpayer's books and records.
A

A. I chose C. This is just asking what can the preparer do in order to make sure that they follow the necessary requirements to avoid a penalty from the IRS.

A tax preparer must make reasonable inquiries if the taxpayer’s information is incomplete.

Rule: A compensated preparer is liable for a penalty if his understatement of taxpayer liability on a return or claim for refund is due to negligent or intentional disregard of rules and regulations.

-A preparer is not required to obtain supporting documentation unless he has reason to suspect the accuracy of the taxpayer’s figures; however, the preparer must make reasonable inquiries if the taxpayer’s information appears incorrect or incomplete.

40
Q

Dewey Cheatam, Esq. is a leading candidate for the next open seat on the U.S. Supreme Court. He recently addressed the graduating class at The University of Texas Law School on the subject of the judicial process for tax issues. Which of the following statements in his address was correct?

a. Judges for the U.S. Tax Court hear cases at various locations in the country as do justices for the U.S. Supreme Court.
b. U.S. District Court cases are heard before one judge, not a panel of judges.
c. When the U.S. Supreme Court denies a writ of certiorari, it confirms the lower court's decision.
d. The U.S. Court of Federal Claims follows the decisions of the Federal Court of Appeals and the geographical Courts of Appeals.
A

B. I chose D. Its important to realize that the U.S. Court follows the decisions of the Federal Court of Appeals, not the geographical Court of Appeals

41
Q

An IRS agent has just completed an examination of a corporation and issued a “no change” report. Which of the following statements about that situation is correct?

a. The taxpayer may not amend the tax return for that taxable year.
b. The IRS may not reopen the examination.
c. The IRS generally does not reopen the examination except in cases involving fraud or other similar misrepresentation.
d. The IRS may not examine any other tax return of the corporation for a period of one year.
A

C. I chose A.

42
Q

Which of the following statements is correct for the disciplinary power of the state boards of accountancy?

a. The three broad categories of misconduct are misconduct while performing accounting services, misconduct outside the scope of performing accounting services, and a criminal conviction.
b. The failure to file a tax return is an example of misconduct outside the scope of performing accounting services.
c. The state boards of accountancy have no disciplinary power other than the power to reprimand licensees and refer the situation to the state's Attorney General for civil prosecution.
d. Negligence, fraud, and dishonesty are types of misconduct outside the scope of performing accounting services.
A

A. I chose B. It’s important to realize that misconduct outside the scope of performing accounting services would include: intoxication from alcohol or drugs that significatly impairs the accountant’s ability to perform accounting services, insanity, etc

Criminal convictions include commission of a felony, failure to file tax returns, crimes relating to the practice of accounting etc.

43
Q
Lyon, a cash basis taxpayer, died on January 15, Year 50. The estate executor made the required periodic distribution of $9,000 from estate income to Lyon's sole heir. The following pertains to the estate's income and disbursements in Year 50:
Estate Income
$20,000
Taxable interest
10,000
Net long-term capital gains allocable to corpus
Estate Disbursements
$5,000
Administrative expenses attributable to taxable income
Lyon's executor does not intend to file an extension request for the estate fiduciary income tax return. By what date must the executor file the Form 1041, U.S. Fiduciary Income Tax Return, for the estate's Year 50 calendar year?
	a.	
Thursday, June 15, Year 51.
	b.	
Wednesday, March 15, Year 51.
	c.	
Friday, September 15, Year 51.
	d.	
Monday, April 15, Year 51.
A

D. I chose C. Rule: Form 1041 is due on the 15th day of the fourth month after the close of its taxable year.
Lyon’s calendar Year 50 return would be due on April 15, Year 51.

It’s important to note that the estate tax return (706) is different than the estate income tax (1041). The estate tax form 706 is the one that abides by the 9 month rule. The 1041 is due when the normal income tax return is due.

44
Q

A member of the AICPA is convicted of filing a fraudulent tax return. What is the likely consequence of this action?

a. The CPA will likely be expelled or suspended from membership in the AICPA.
b. The CPA will likely be admonished by the AICPA.
c. The CPA will likely have his or her permit to practice revoked by the AICPA.
d. The AICPA will take no action because the court has already taken sufficient

A

A. I chose B. Admonished means reprimand or yell.

45
Q

What does admonish mean?

A

Yell at

46
Q
  1. Which of the following is not an accurate statement about the requirements of the AICPA Uniform Accountancy Act (UAA)?
    a. The UAA requires all accountants to be licensed.
    b. The UAA contains requirements for the issuance of CPA certificates.
    c. The UAA contains a substantial equivalency provision to allow for movement between states.
    d. The UAA contains provisions for continuing education.
A

A. It’s important to note that under the UAA, not all accountants need to be licensed, just those who perform attest services or compilation of financial statements to be licensed.

47
Q
  1. Ford & Co., CPAs, issued an unqualified opinion on Owens Corp.’s financial statements. Relying on these financial statements, Century Bank lent Owens $750,000. Ford was unaware that Century would receive a copy of the financial statements or that Owens would use them to obtain a loan. Owens defaulted on the loan.
    To succeed in a common law fraud action against Ford, Century must prove, in addition to other elements, that Century was
    a. Free from contributory negligence.
    b. In privity of contract with Ford.
    c. Justified in relying on the financial statements.
    d. In privity of contract with Owens.
A

C. I chose D. I saw two privity of contract answers, so second guessed myself. It’s important to realize that the question asked about showing it was fraudulent.

MAIDS =A–“Actually and justifiyiablely relying on the financial statements”

48
Q

What is the Securities Exchange Act of 1934? Who are the parties that can sue the auditor and for what?

A

It regulates securities sold on national stock exchanges where corporation made more than $10 million in total assets and more than 500 people in the company.

-It has to give the SEC an annual report (10-k) of financial statements to be audited by a firm and annual reports to the shareholders.

  • Purchasers and sellers of registered securities may sue an auditor for fraud, negligence alone won’t make an auditor liable, but lack of good faith will.
  • Due diligence is not a defense to this act, but is a defense for the 1933 act
49
Q

What is the Securities Act of 1933? Who are the parties that can sue the auditor and for what?

A

It covers regulation of INITIAL sales of securities registered under 1933 Act. It requires registration of initial issuances of securities with SEC and makes it unlawful for registration statement to contain untrue MATERIAL fact or to OMIT MATERIAL FACT.

  • Accounts are accountable for the registration statement and prospectus because they include audited financial statements.
  • The purchaser of a registered security. It doesn’t have to be the initial purchaser–>prove that securiy was offered for sale through registration statement, damages were incurred and material mistatement.
  • Don’t have to have privity of contract

-Unlike in Act of 1934, the accountant my use the due diligence defense.

50
Q

John S. Loppe has not been particularly careful in preparing his income tax returns and, as a result, has substantially understated his tax. The negligence penalty with respect to understatement of tax might thus be applicable to him. The negligence penalty with respect to understatement of tax:

a. Is computed as 25% of the understatement of tax.
b. Is an accuracy-based penalty for negligence or for disregard of tax rules and regulations.
c. Defines “disregard” as any careless, reckless, or unintentional disregard of tax rules and regulations.
d. Is imposed in conjunction with the penalty for substantial underpayment of tax and the penalty for a substantial valuation misstatement.

A

B. I chose A. For the substantial understatement of tax, there is a 20% penalty on the understatement of the tax.

Substantial understatement–If the understatement is 10% of the actual tax or $5,000 for individuals.

The negligence penalty with respect to understatement of tax is an accuracy-based penalty for negligence or for disregard of tax rules and regulations.

51
Q

The standard deduction for a trust or an estate in the fiduciary income tax return is:

a. $750
b. $650

c $0
d.$800

A

C. Estates income tax return doens’t have a standard deduction, but it does have an exemption of $600

52
Q

The following information pertains to Carr’s admission to the Smith & Jones partnership on July 1, Year 8:

Carr’s contribution of capital: 800 shares of Ed Corp. stock bought in 1975 for $30,000; fair market value $150,000 on July 1, Year 8.


Carr’s interest in capital and profits of Smith & Jones: 25%.


Fair market value of net assets of Smith & Jones on July 1, Year 8 after Carr’s admission: $600,000.

Carr’s gain in Year 8 on the exchange of the Ed stock for Carr’s partnership interest was:

a. $0
b. $120,000 ordinary income.
c. $120,000 Section 1231 gain.
d. $120,000 long-term capital gain.

A

A. I chose D. When determining the inital basis that Carr has in the partnership, there generally isn’t a recognized gain/loss on the transaction. There are one 2 exceptions. One of these is that the contributed property is subject to an excess liability that the other partners assume, so the negative amount is (taxable boot) brought up to zero by recognizing a gain.

-In this situation, this exception doens’t have this, so we don’t record a gain.

53
Q

The Simone Trust reported distributable net income of $120,000 for the current year. The trustee is required to distribute $60,000 to Kent and $90,000 to Lind each year. If the trustee distributes these amounts, what amount is includible in Lind’s gross income?

a. $60,000
b. $72,000
c. $90,000
d. $0

A

B. I chose C. It’s important to note that the actual/required distributions are greater than the the DNI of $120,000, so we need to prorate it by the max amount of deduction allowed to take $120,000.

-The examiners are requiring candidates to make a calculation based on the prorated amount of actual distributions required to be made. Kent is required to receive $60,000 and Lind is required to receive $90,000 per year (for a total of $150,000). The applicable pro-rata portion of the income distribution deduction ($120,000 in this case) for Lind and the amount that would subsequently be includible in Lind’s gross income is calculated as follows:

$90,000/$150,000 × $120,000 = $72,000

54
Q

The adjusted basis of Jody’s partnership interest was $50,000 immediately before Jody received a current distribution of $20,000 cash and property with an adjusted basis to the partnership of $40,000 and a fair market value of $35,000.

What amount of taxable gain must Jody report as a result of this distribution?

a.$20,000
b $5,000
c.$10,000
d.$0

A

D. I chose c. The $20,000 current distribution of cash is first applied to Jody’s $50,000 basis, reducing it to $30,000. The current distribution of property is then applied at its $40,000 basis. Since Jody’s remaining basis is $30,000, only $30,000 is applied to the property distribution, resulting in $0 taxable gain to Jody and $0 remaining basis in the partnership.

-It’s important to note that there is not a sale here, so no gain/loss is recognized. However, when Jody decides to sell the property his basis in the property will be $30,000