The Collection Process Flashcards

1
Q

The collection process begins

A. At the IRS service center where notices are generated requesting payment.

B. In an IRS automated collection branch when telephone contact is made with the taxpayer.

C. Only after the problem resolution officer has acted upon the taxpayer’s claim.

D. With the filing of a Notice of Federal Tax Lien.

A

At the IRS service center where notices are generated requesting payment.

Section 6301 authorizes the Internal Revenue Service, on behalf of the Secretary of the Treasury, to collect taxes imposed by the Internal Revenue laws. The collection process begins at the IRS service center where notices are generated requesting payment. Regulation 301.6303-1 states that the district director or the director of the regional service center shall, after making a tax assessment, give notice to the person liable for the unpaid tax, stating the amount of the tax and demanding payment.

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2
Q

When dealing with IRS employees, taxpayers have certain rights. Which of the following most accurately reflects those rights?

A. A right of appeal is available for most collection actions.

B. A right of representation is only available in audit matters; it is not available for collection matters.

C. A case may not be transferred to a different IRS office, even if your authorized representative is located in an area different from your residence.

D. If you disagree with the IRS employee who handles your case, you must first have the employee’s permission before requesting a meeting with the manager.

A

A right of appeal is available for most collection actions.

Among the rights of the taxpayer is the right to appeal for most collection actions (Pub. 17).

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3
Q

The initial action required in the collection process is

A. The filing of a Notice of Levy.

B. An assessment.

C. The receipt of the fourth notice by certified mail.

D. A notification of a pending examination audit.

A

An assessment.

Section 6201(a) authorizes the Internal Revenue Service to make a determination of all taxes. If the IRS makes a determination that a tax liability exists, the IRS has the authority under Sec. 6201(a) to assess the tax. The assessment of the taxes is the initial action required in the collection process.

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4
Q

Mr. and Mrs. Johnson’s 2017 individual tax return was selected for audit by the IRS in December 2018. The audit was completed on May 3, 2019, and the Johnsons agreed to an increase in tax of $4,500. The actual assessment was made on June 8, 2019. The IRS Collection Division has until what date to collect the tax due (disregarding weekends and holidays)?

A. April 15, 2021.

B. May 3, 2022.

C. June 15, 2022.

D. June 8, 2029.

A

June 8, 2029.

Unless the IRS and the taxpayer consent otherwise, the government has 10 years from the date an assessment is made to collect the taxes. The taxes may be collected either through a court proceeding or administratively by levy.

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5
Q

With regard to an installment agreement with the IRS to pay a federal tax debt, which of the following statements is false?

A. Once an installment payment plan has been approved, the IRS will not continue to charge the taxpayer’s account with interest on the taxpayer’s unpaid balance of penalties and interest.

B. Installment payments may be paid by electronic transfers from the taxpayer’s bank account.

C. While the taxpayer is making installment payments, the IRS may require the taxpayer to provide financial information on his or her financial condition to determine any change in his or her ability to pay.

D. The IRS may file a Notice of Federal Tax Lien to secure the government’s interest until the taxpayer makes the final payment.

A

Once an installment payment plan has been approved, the IRS will not continue to charge the taxpayer’s account with interest on the taxpayer’s unpaid balance of penalties and interest.

Under Sec. 6159, the IRS is authorized to enter into a written agreement with a taxpayer for the payment of a tax liability in installments. Once an installment agreement is made, the taxpayer must make each payment on time. Interest and penalties will continue to accrue. Failure to pay an installment can result in the termination of the agreement.

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6
Q

Late payments by a taxpayer on an installment agreement to pay a tax liability will

A. Necessitate payment by certified check.

B. Extend the statute of limitations.

C. Generate a Notice of Intent to Levy.

D. Generate a 30-day notice as to the cessation of the agreement.

A

Generate a 30-day notice as to the cessation of the agreement.

The IRS must notify a taxpayer 30 days in advance before it may change a payment agreement. The IRS may not take any enforcement action until after it has tried to contact the taxpayer and given him or her a chance to voluntarily pay any tax due.

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7
Q

Maria received a Notice of Tax Due and Demand for Payment in the amount of $30,000 as a result of an examination of her 2019 Form 1040. She is not able to pay the entire amount at this time and would like to set up an installment agreement. Which of the following statements are NOT true regarding setting up an installment agreement?

A. Maria must wait for a Notice of Federal Tax Lien to be filed before she can request an installment agreement.

B. Maria may have to fill out a Collection Information Statement.

C. Maria will be charged a user fee to set up an installment agreement.

D. Maria must file all of her returns that are due to be eligible for an installment agreement.

A

Maria must wait for a Notice of Federal Tax Lien to be filed before she can request an installment agreement.

Publication 594 explains the collection process. In order to obtain an installment agreement, the taxpayer must file all of his or her tax returns and make the current estimated tax payment, if required. The IRS will assess a user fee to set up the installment agreement (Pub. 594). In addition, the IRS recommends that the taxpayer set up a direct deposit or a payroll deduction to prevent a default in the agreement. The IRS may also require that the taxpayer fill out a Collection Information Statement explaining the situation. If the taxpayer defaults on the agreement, the IRS may file a lien or levy the taxpayer’s assets.

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8
Q

Generally, how long does the IRS have to collect outstanding federal taxes?

A. Ten years from the due date of the return.

B. Ten years from the date the return is filed.

C. Ten years from the date of the notice of deficiency.

D. Ten years from the date of assessment.

A

Ten years from the date of assessment.

Under Sec. 6502(a)(1), the IRS has 10 years from the date of assessment to collect the amount of tax assessed. During that period, the tax may be collected by levy or by a proceeding in court.

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9
Q

Sam timely filed his U.S. individual income tax return for calendar year 2019 without any extensions. The return showed a balance of income taxes due in the amount of $75,000. Sam has not paid his IRS liability, nor has he entered into any installment agreement extending the statute of limitations or submitted any offer in compromise. The statute of limitations for collection of Sam’s tax liability expires on which of the following dates?

A. April 15, 2024.

B. April 15, 2029.

C. December 31, 2029.

D. April 15, 2030.

A

April 15, 2030.

The IRS has the authority to collect taxes for 10 years from the date of assessment. Sam’s 2019 tax return was due on April 15, 2020. Therefore, the statute of limitations for collection is April 15, 2030.

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10
Q

After assessment, as a general rule, the Internal Revenue Service has the authority to collect outstanding federal taxes for which of the following?

A. Three years.

B. Five years.

C. Ten years.

D. Twenty years.

A

Ten years.

Under Sec. 6502(a)(1), the IRS has 10 years from the date of assessment to collect the amount of tax assessed.

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11
Q

A guaranteed installment agreement is one of the acceptable methods of paying off a tax debt to the United States Treasury. The IRS must enter into an installment agreement provided all of the following requirements are met, EXCEPT the taxpayer

A. Must not owe more than $10,000.

B. Filed income tax returns without fail.

C. Did not fail to pay any income tax.

D. Previously entered into a nonguaranteed installment agreement.

A

Previously entered into a nonguaranteed installment agreement.

If the taxpayer owes the IRS less than $10,000, an installment agreement must be entered into by the IRS if the taxpayer had not failed to file any income tax return, failed to pay any income tax, or entered into any installment agreement for payment of any income tax. The taxpayer need not have previously entered into a nonguaranteed installment agreement.

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12
Q

Which of the following statements with respect to resolving tax problems involving the collection process is false?

A. A taxpayer may be entitled to a reimbursement for fees charged by his or her bank if the IRS has erroneously levied his or her account.

B. A taxpayer should first request assistance from IRS collection employees or their managers before seeking assistance from the problem resolution officer.

C. If a taxpayer suffers a significant hardship because of the collection of the tax liability, (s)he may request assistance from the IRS on Form 911, Request for Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance Order).

D. While a taxpayer is making installment payments, interest will continue to accrue only on the tax liability due.

A

While a taxpayer is making installment payments, interest will continue to accrue only on the tax liability due.

If a taxpayer cannot pay the entire bill immediately, the IRS may set up an installment plan for payment. However, interest will continue to accrue on the unpaid balance of taxes owed, and on the unpaid balance of penalties and interest owed.

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13
Q

During the period of an installment agreement

A. All payments must be made timely, and interest and penalties must continue to accrue.

B. Timely payments suspend the accrual of interest and penalties.

C. Payments can be made only by certified check.

D. A release of Notice of Federal Tax Lien is filed.

A

All payments must be made timely, and interest and penalties must continue to accrue.

Under Sec. 6159, the IRS is authorized to enter into a written agreement with a taxpayer for the payment of a tax liability in installments. Once an installment agreement is made, the taxpayer must make each payment on time. Interest and penalties will continue to accrue. Failure to pay an installment can result in the termination of the agreement.

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14
Q

With regard to an installment agreement with the IRS to pay a federal tax debt, which of the following statements is false?

A. Failure to pay an installment can result in the termination of the agreement.

B. Installment payments may be paid by payroll deductions from the taxpayer’s employer.

C. While the taxpayer is making installment payments, the IRS may require the taxpayer to provide financial information on his or her financial condition to determine any change in his or her ability to pay.

D. Installment plans are set up so that tax liability due will be paid off in four equal installments.

A

Installment plans are set up so that tax liability due will be paid off in four equal installments.

Under Sec. 6159, the IRS is authorized to enter into a written agreement with a taxpayer for the payment of a tax liability in installments. Installment agreements are set up on an individual basis. They are based on the taxpayer’s current financial circumstances and are not necessarily paid off in four equal installments. Interest and penalties will continue to accrue. Failure to pay an installment can result in the termination of the agreement.

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15
Q

A taxpayer with an outstanding tax liability has filed for bankruptcy under Title 11 of the U.S. Code. Which of the following statements about this tax liability is correct as a result of the bankruptcy filing?

A. A Notice of Federal Tax Lien filed during the bankruptcy period will be effective.

B. Filing for bankruptcy automatically stays assessment and collection of the liability.

C. The IRS may impose a jeopardy levy on the taxpayer for the unpaid liability.

D. The liability is automatically discharged.

A

Filing for bankruptcy automatically stays assessment and collection of the liability.

The IRS has 10 years from the date of assessment to collect the amount of tax assessed. During that period, the tax may be collected by levy or by a proceeding in court. The statute of limitations on collection can be suspended by various acts. Filing a petition in bankruptcy under Title 11 of the U.S. Code automatically stays assessment and collection of tax. The stay remains in effect until the bankruptcy court discharges liabilities or lifts the stay.

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16
Q

Under a guaranteed installment agreement between the IRS and a taxpayer, the taxpayer must agree to pay in full within how many years?

A. 2 years.

B. 5 years.

C. 3 years.

D. 10 years.

A

3 years.

Under certain conditions, the IRS must enter into an installment agreement with any taxpayer requesting such an arrangement. These requirements also apply to the taxpayer’s spouse if the liability proposed to be paid in installments related to a joint return. One of the requirements concerns the time period within which the taxpayer must pay the liability in full. The taxpayer must agree to pay in full within 3 years.

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17
Q

Under which of the following circumstances is the IRS allowed to take collection actions?

A. For 30 days after an installment agreement is rejected.

B. While it considers a request for an installment agreement.

C. Beginning 30 days after an agreement has been rejected, given that it is not being appealed.

D. While an installment agreement is in effect.

A

Beginning 30 days after an agreement has been rejected, given that it is not being appealed.

The IRS is authorized to, and in certain cases must, enter into a written agreement with a person for payment of a tax liability in installments. The payment plan is based on an individual’s current financial condition. The IRS cannot take any collection actions under the following circumstances: (1) while it considers a request for an installment agreement, (2) while the agreement is in effect, (3) for 30 days after an agreement is rejected, or (4) for any period while an agreement rejection is being appealed.

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18
Q

The IRS must enter into a guaranteed installment agreement with a taxpayer as long as, during the past 5 years, the taxpayer has

A. Failed to file any income tax return.

B. Failed to pay any income tax.

C. Entered into any installment agreement for income tax payment.

D. None of the answers are correct.

A

None of the answers are correct.

When certain conditions are met, the IRS must enter into a guaranteed installment agreement with any taxpayer requesting such an arrangement. These requirements also apply to the taxpayer’s spouse if the liability proposed to be paid in installments related to a joint return. The taxpayer must not owe more than $10,000. Also, during the past 5 years, the taxpayer must not have (1) failed to file any income tax return, (2) failed to pay any income tax, and (3) entered into any installment agreement for payment of any income.

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19
Q

Form 9423, Collection Appeal Request, can be used to appeal all of the following collection actions EXCEPT

A. Notice of Federal Tax Lien.

B. Denial or termination of an installment agreement.

C. Request for a Collection Due Process Hearing.

D. Final Notice of Intent to Levy.

A

Request for a Collection Due Process Hearing.

This collection action is not eligible for appeal using Form 9423. Form 9423 is used to appeal certain collection actions; these include the Notice of Federal Tax Lien, the Final Notice of Intent to Levy, the Notice of Seizure, and a denial or termination of an installment agreement. The form is used only if the taxpayer cannot resolve the disagreement with the collection manager.

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20
Q

An Enrolled Agent (EA) prepared an individual income tax return for a taxpayer with a balance due of $25,597. The taxpayer is not able to pay the entire amount upon filing and would like to set up an installment agreement. Which of the following statements are correct with regard to this agreement?

A. Since the taxpayer owed more than $25,000, the taxpayer may not apply online.

B. The taxpayer will not be charged a user fee to set up this installment agreement.

C. The taxpayer must be in filing compliance.

D. The taxpayer will not be charged interest and penalties while making installment payments.

A

The taxpayer must be in filing compliance.
Answer (C) is correct.
In order to obtain an installment agreement, the taxpayer must file all of his or her tax returns and make the current estimated tax payment, if required.

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21
Q

In order 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.

A

5 taxable years.
Answer (B) is correct.
The IRS must enter into an installment agreement with any taxpayer requesting such an arrangement if certain conditions are met. One of these conditions is a taxpayer must not have failed to file any income tax returns or pay any tax shown on such returns during the past 5 years.

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22
Q

Which of the following statements with respect to resolving tax problems involving the collection process is false?

A. You may be entitled to a reimbursement for fees charged by your bank if the IRS has erroneously levied your account.

B. You should first request assistance from IRS collection employees or their managers before seeking assistance from the problem resolution officer.

C. If you suffer a significant hardship because of the collection of the tax liability, you may request assistance from the IRS on Form 911, Request for Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance Order).

D. IRS collection division managers have the authority to issue a Taxpayer Assistance Order if a taxpayer is about to suffer a significant hardship because of the collection of the tax liability.

A

IRS collection division managers have the authority to issue a Taxpayer Assistance Order if a taxpayer is about to suffer a significant hardship because of the collection of the tax liability.
Answer (D) is correct.
Only the National Taxpayer Advocate may issue a Taxpayer Assistance Order. The basis for relief must be that significant hardship has been suffered because of improper administration of tax laws.

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23
Q

Which of the following may the Internal Revenue Service settle by accepting an Offer in Compromise for less than the full amount of the balance due?

A. A tax deficiency, but not penalties and accrued interest.

B. A tax deficiency plus penalties, but not accrued interest.

C. A tax deficiency plus accrued interest, but not penalties.

D. A tax deficiency plus penalties and accrued interest.

A

A tax deficiency plus penalties and accrued interest.
Answer (D) is correct.
The IRS may accept an offer in compromise to settle unpaid tax accounts for less than the full amount of the balance due when the facts support the likelihood that the IRS will be unable to collect the debt in full. The amount offered must reflect the taxpayer’s maximum ability to pay. An offer in compromise gives consideration to present and future earning capacity. The Commissioner of the IRS has the authority to compromise all taxes, interest, and penalties, other than those relating to alcohol, tobacco, and firearms. Thus, an Offer in Compromise may pertain to a tax deficiency plus penalties and accrued interest.

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24
Q

The Internal Revenue Service may accept an Offer in Compromise to settle unpaid tax accounts for less than the full amount due. A Collection Information Statement (financial statement) is NOT required with the offer when the reason for the offer is

A. Doubt as to liability.

B. Doubt as to collectibility.

C. To promote effective tax administration.

D. Economic hardship.

A

Doubt as to liability.
Answer (A) is correct.
The IRS will permit less than full payment of amounts owed in certain instances. These include doubt as to a taxpayer’s liability, collectibility, a resulting economic hardship if full payment was required, or full payment by the taxpayer would harm voluntary compliance by the taxpayer or others. Additionally, a Collection Information Statement is not required if the compromise is based on doubt of the liability (Pub. 594).

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25
Q

Which of the following statements is false with respect to taxpayers’ offers in compromise on unpaid tax liabilities?

A. A compromise may be made only when doubt exists as to the liability for the amount owed.

B. The Commissioner of Internal Revenue has the authority to compromise all taxes (including any interest, penalty, or addition to the tax) arising under the revenue laws of the United States, except those relating to alcohol, tobacco, and firearms.

C. Submission of an offer in compromise will usually extend the statute of limitations on collection of an account.

D. Taxpayers have a right by law to submit an offer in compromise on their unpaid tax liability.

A

A compromise may be made only when doubt exists as to the liability for the amount owed.
Answer (A) is correct.
Under Sec. 7122, the Commissioner of the Internal Revenue Service has the authority to compromise all taxes, interest, and penalties arising under the internal revenue laws, except those relating to alcohol, tobacco, and firearms. A compromise may be made on one, two, or all three grounds: (1) doubt as to the liability for the amount owed, (2) doubt as to the taxpayer’s ability to make full payment, or (3) promotion of effective administration [Reg. 301.7122-1(a)(b)]. The doubt as to the liability for the amount owed must be supported by the evidence. In the case of inability to pay, the amount offered must exceed the total value of the taxpayer’s equity in all his or her assets and must give sufficient consideration to present and future earning capacity. The IRS may enter into a compromise with a taxpayer at any time before, during, or after collection proceedings.

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26
Q

Which of the following may the Internal Revenue Service settle by accepting an Offer in Compromise for less than the full amount of the balance due?

A. There is doubt as to whether or not the assessed tax is correct.

B. There is doubt as to the collectibility.

C. There is doubt as to the collectibility and/or doubt as to whether or not the assessed tax is correct.

D. A tax deficiency plus accrued interest, but not penalties.

A

There is doubt as to the collectibility and/or doubt as to whether or not the assessed tax is correct.
Answer (C) is correct.
The IRS may accept an offer in compromise to settle unpaid tax accounts for less than the full amount of the balance due when the facts support the likelihood that the IRS will be unable to collect the debt in full. The amount offered must reflect the taxpayer’s maximum ability to pay. An offer in compromise gives consideration to present and future earning capacity. A compromise may be made when there is doubt as to the liability for the amount owed and/or when there is doubt as to the taxpayer’s ability to make a full payment.

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27
Q

Which of the following statements with respect to taxpayers’ offers in compromise on unpaid tax liabilities is true?

A. A taxpayer does not have the right to submit an offer in compromise on his or her tax bill but is given the opportunity in order to increase voluntary compliance with the tax laws.

B. Doubt as to the liability for the amount owed must be supported by evidence, and the amount acceptable under the offer in compromise will depend on the degree of doubt found in the particular case.

C. Submission of an offer in compromise automatically suspends the collection of an account.

D. If the offer in compromise is made on the grounds that doubt exists as to the taxpayer’s ability to make full payment on the amount owed, the amount offered must give sufficient consideration only to the taxpayer’s present earning capacity.

A

Doubt as to the liability for the amount owed must be supported by evidence, and the amount acceptable under the offer in compromise will depend on the degree of doubt found in the particular case.
Answer (B) is correct.
Under Sec. 7122, the Commissioner of the Internal Revenue Service has the authority to compromise all taxes, interest, and penalties arising under the internal revenue laws, except those relating to alcohol, tobacco, and firearms. A compromise may be made on one, two, or all three grounds: (1) doubt as to the liability for the amount owed, (2) doubt as to the taxpayer’s ability to make full payment, or (3) promotion of effective tax administration [Reg. 301.7122-1(a)]. The doubt as to the liability for the amount owed must be supported by the evidence. In the case of inability to pay, the amount offered must exceed the total value of the taxpayer’s equity in all his or her assets and must give sufficient consideration to present and future earning capacity. A compromise may be entered into by the IRS, whether a suit has been instituted or not, and may be entered into after a judgment has been rendered.

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28
Q

Which of the following is true with respect to an offer in compromise?

A. The taxpayer may be allowed to pay less than the full amount owed.

B. Collection actions, such as levy, may be delayed.

C. A rejected offer may be appealed.

D. All of the answers are correct.

A

All of the answers are correct.
Answer (D) is correct.
The IRS may accept an offer in compromise to settle unpaid tax accounts for less than the full amount of the balance due when the facts support the likelihood that the IRS will be unable to collect the debt in full. The amount offered must reflect the taxpayer’s maximum ability to pay. The IRS is also permitted to delay collection actions, and a taxpayer may appeal a rejected offer.

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29
Q

All of the following are types of offer in compromise payment terms, EXCEPT

A. Short-term periodic payments must be paid within 24 months.

B. Lump sum cash payments must be paid within 24 months.

C. Lump sum cash payments must be paid within 5 or fewer installments.

D. Periodic payments payable in 6 or more monthly installments.

A

Lump sum cash payments must be paid within 24 months.
Answer (B) is correct.
The IRS may accept an offer in compromise to settle unpaid tax accounts for less than the full amount of the balance due. The amount offered must reflect the taxpayer’s maximum ability to pay. There are two types of offer in compromise payment terms, as follows: (1) Lump sum cash payments must be paid within 5 or fewer installments within 5 or fewer months after the offer is accepted, and (2) periodic payments must be paid within 24 months in 6 or more monthly installments after the offer is accepted. Thus, lump sum cash payments being paid within 24 months is not a type of offer in compromise payment terms.

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30
Q

Identify the true statement regarding when innocent spouse relief can be requested.

A. The innocent spouse did not know and had no reason to know of the understatement of tax.

B. A joint overpayment was applied to a past-due obligation of the other spouse.

C. There is an understatement of tax, and the spouses are not divorced.

D. The spouses have filed married filing separate tax returns.

A

The innocent spouse did not know and had no reason to know of the understatement of tax.
Answer (A) is correct.
Generally, both spouses are responsible for paying the full amount of tax, interest, and penalties due on a joint return. By requesting innocent spouse relief, a taxpayer can be relieved of the responsibility for tax, interest, and penalties if the taxpayer’s spouse improperly reported items or omitted items on a joint tax return. The innocent spouse may qualify for relief from joint tax liability if there is an understatement of tax because the other spouse omitted income or claimed false deductions or credits, and the innocent spouse did not know and had no reason to know of the understatement.

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31
Q

What is the name given to the last date the IRS can collect unpaid tax from the taxpayer?

A. Assessment date.

B. Return due date.

C. Collection Statute Expiration Date (CSED).

D. Date of sale resulting from the exercise of a tax levy.

A

Collection Statute Expiration Date (CSED).
Answer (C) is correct.
The CSED is the last date the IRS can collect unpaid tax from the taxpayer and consists of the century, year, month, and day. Certain actions by taxpayers either suspend or extend the collection statute of limitations. Examples include filing a Collection Due Process hearing request and submitting offers-in-compromise or installment agreements.

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32
Q

Which function is NOT performed by the National Taxpayer Advocate Office?

A. Identify possible law changes that might mitigate the problems identified between the IRS and taxpayers.

B. Identify areas in which taxpayers have problems dealing with the IRS.

C. Propose changes to IRS administrative practices that would mitigate the problems that exist between the IRS and taxpayers.

D. Review appeals relating to the rejection or termination of installment agreements.

A

Review appeals relating to the rejection or termination of installment agreements.
Answer (D) is correct.
The National Taxpayer Advocate Office performs the following functions: (1) assists taxpayers in resolving problems with the IRS, (2) identifies areas in which taxpayers have problems in dealing with the IRS, (3) proposes changes to IRS administrative practices that would mitigate the problems that exist between the IRS and taxpayers, and (4) identifies possible law changes that might mitigate the problems identified between the IRS and taxpayers. The National Taxpayer Advocate Office does not review appeals relating to the rejection or termination of installment agreements. This function is accomplished by the IRS Office of Appeals.

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33
Q

Which of the following statements regarding the use of the national and local expense standards to determine whether the taxpayer can provide for basic living expenses is false?

A. Taxpayers must prove that using national and local expense standards would leave them an inadequate means of providing for basic living expenses.

B. The taxpayer should not consider the taxpayer’s family to determine whether or not the taxpayer can provide for basic living expenses.

C. The necessary expense test is met by expenses that are necessary to provide for a taxpayer’s health and welfare and/or production of income.

D. The IRS may allow actual expenses to be used.

A

The taxpayer should not consider the taxpayer’s family to determine whether or not the taxpayer can provide for basic living expenses.
Answer (B) is correct.
A taxpayer should consider the taxpayer’s family’s health and welfare when determining whether the taxpayer can provide for basic living expenses.

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34
Q

National Standards have been established for which of the following necessary expenses?

 1. Food
 2. Housekeeping supplies
 3. Personal care products

A. I only.

B. I & II only.

C. II & III only.

D. I, II, & III.

A

I, II, & III.
Answer (D) is correct.
National Standards have been established for food, housekeeping supplies, apparel and services, personal care products and services, and miscellaneous.

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35
Q

Installment agreements may require that a Collection Information Statement be filled out with pertinent financial information about the taxpayer. However, the statement need not be filled out if the dollar amount of the installment agreement is

A. $50,000 or less.

B. $20,000 or less for joint returns.

C. At least $15,000 for the current year but less than $20,000 for all years.

D. $10,000 or less.

A

$50,000 or less.
Answer (A) is correct.
For amounts under $50,000, installment agreements do not require the filing of Form 433-F, Collection Information Statement. For amounts between $25,000 and $50,000, however, the agreements require either direct debit information (e.g., routing number and account number of the taxpayer’s bank account) or a completed Form 2159, Payroll Deduction Agreement, be provided.

36
Q

When filing an Offer in Compromise, all of the following forms may be used EXCEPT

A. Form 656.

B. Form 433-A.

C. Form 433-B.

D. Form 872-A.

A

Form 872-A.
Answer (D) is correct.
Form 872-A, Special Consent to Extend the Time to Assess Tax, does not relate to Offers in Compromise.

37
Q

All of the following are conditions for a taxpayer’s qualifying for innocent spouse relief EXCEPT

A. The return was jointly filed and had an understatement of tax due to erroneous items of the taxpayer’s spouse (or former spouse).

B. It would be unfair to hold the taxpayer liable for the understatement of tax, taking into account the facts of the case.

C. The couple was divorced, widowed, or legally separated or did not live together for the 12 months prior to the innocence claim.

D. Establishment of the fact that the taxpayer did not know and had no reason to know that there was an understatement of tax.

A

The couple was divorced, widowed, or legally separated or did not live together for the 12 months prior to the innocence claim.
Answer (C) is correct.
This is not one of the conditions for filing for innocent spouse relief. This is a condition for separation of liability relief.

38
Q

A married couple files a joint return but is subsequently unable to pay the taxes. The spouse not responsible for incurring the liability can reduce his or her personal liability through which of the following?

A. Innocent spouse relief.

B. Separation of liability relief.

C. Tax Court review relief.

D. Equitable treatment relief.

A

Innocent spouse relief.
Answer (A) is correct.
Innocent spouse relief requires that there was a joint return filed, that the return had an understatement of tax due to the taxpayer’s spouse, that the taxpayer can establish ignorance of the understatement, and that the tax would be unfair given the circumstances.

39
Q

If the taxpayer cannot resolve a collection problem through discussions with the revenue officer or his or her manager, the taxpayer should contact

A. An IRS taxpayer service representative.

B. The IRS district problem resolution officer.

C. The IRS area director.

D. The IRS regional appeals office.

A

The IRS district problem resolution officer.
Answer (B) is correct.
The IRS has a Problem Resolution Program for people who have been unable to solve their problems with an IRS employee. A taxpayer should try to resolve the problem with a supervisor before contacting the Problem Resolution Program. The Problem Resolution Office is under the authority of the National Taxpayer Advocate.

40
Q

With regard to the IRS filing a Notice of Federal Tax Lien, which of the following statements is NOT a requirement?

A. The IRS must assess the tax.

B. The IRS must send the taxpayer a notice and demand for payment.

C. The IRS must give individual notices to all of the taxpayer’s creditors.

D. The taxpayer must neglect or refuse to pay the tax or otherwise neglect or refuse to resolve his or her tax liability problems.

A

The IRS must give individual notices to all of the taxpayer’s creditors.
Answer (C) is correct.
Before the IRS files a Notice of Federal Tax Lien, three requirements must be met for the statutory lien to attach:
1. The IRS must assess the liability.
2. The IRS must send notice of tax due and demand for payment unless waived by the taxpayer.
3. The taxpayer must neglect or refuse to pay the tax within 10 days.
By filing a Notice of Federal Tax Lien, the government is providing a public notice to all creditors.

41
Q

Which of the following statements regarding a Notice of Federal Tax Lien is true?

A. It is a public notice to the taxpayer’s creditors that the government has a claim against all of the taxpayer’s property, not including property that is acquired after the lien came into existence.

B. All fees charged by the state or other jurisdiction for both filing and releasing the lien will be added to the balance the taxpayer owes.

C. The IRS will issue a Release of the Notice of Federal Tax Lien within 10 days after acceptance of a bond guaranteeing payment of the liability.

D. A taxpayer cannot sue the federal government for damages if the IRS negligently fails to release a Notice of Federal Tax Lien when a release is warranted.

A

All fees charged by the state or other jurisdiction for both filing and releasing the lien will be added to the balance the taxpayer owes.
Answer (B) is correct.
The IRS will issue a Release of the Notice of Federal Tax Lien within 30 days after the tax due is satisfied. The tax due also includes all fees charged by the state or other jurisdiction for both filing and releasing the lien. The fees are added to the balance owed.

42
Q

When levies are attached, the IRS has the authority to take property to satisfy a tax debt. The IRS may levy all of the following EXCEPT

A. Accounts receivable.

B. Workers’ compensation.

C. Rental income.

D. Commissions.

A

Workers’ compensation.
Answer (B) is correct.
A levy is the seizure of a taxpayer’s property in order to satisfy a tax debt. A levy can be made on property that is held by the taxpayer or property that is held for a taxpayer by third parties. However, a taxpayer has the legal right to keep workers’ compensation.

43
Q

A tax lien is a legal claim to property as security or payment for a tax debt. Select the best answer regarding the filing of a Notice of Federal Tax Lien.

A. May be filed simultaneously with a Notice and Demand for Payment.

B. May be filed when a tax deficiency resulting from an audit is agreed to.

C. May not be filed when an installment agreement is in effect and payments are being made.

D. May be filed after a tax liability is assessed, billed, and the debt is not paid within 10 days of notification.

A

May be filed after a tax liability is assessed, billed, and the debt is not paid within 10 days of notification.
Answer (D) is correct.
Before the IRS files a Notice of Federal Tax Lien, three requirements must be met for the statutory lien to attach:
1. The IRS must assess the liability.
2. The IRS must send notice of tax due and demand for payment unless waived by the taxpayer.
3. The taxpayer must neglect or refuse to pay the tax (Publication 594).

44
Q

Once a notice of federal tax lien has been filed, all of the following are true EXCEPT

A. The lien applies to all of the taxpayer’s real and personal property and to all of his or her rights to property until the tax is paid or the lien is removed.

B. The IRS will issue a release of the notice of federal tax lien within 15 business days after the taxpayer satisfies the tax due (including interest and other additions) by paying the debt, by having it adjusted, or if the IRS accepts a bond that the taxpayer submits, by guaranteeing a payment of the debt.

C. By law, a filed notice of tax lien can be withdrawn if withdrawal will speed collecting the tax.

D. The law requires the IRS to notify the taxpayer in writing within 5 business days after the filing of a lien.

A

The IRS will issue a release of the notice of federal tax lien within 15 business days after the taxpayer satisfies the tax due (including interest and other additions) by paying the debt, by having it adjusted, or if the IRS accepts a bond that the taxpayer submits, by guaranteeing a payment of the debt.
Answer (B) is correct.
The IRS will issue a Release of the Notice of Federal Tax Lien within 30 days after the tax due is satisfied. The tax due also includes all fees charged by the state or other jurisdiction for both filing and releasing the lien. The fees are added to the balance owed.

45
Q

With regard to seizure of property in satisfaction of a tax liability, all of the following are true EXCEPT

A. Any real property used as a residence by the taxpayer may not be seized to satisfy a levy of $5,000 or less.

B. The taxpayer’s principal residence may not be seized without the written approval of a U.S. District Court judge or magistrate.

C. Before the sale of property, the IRS will compute a minimum bid price. If the minimum is not offered at the sale, the IRS may buy the property.

D. If the proceeds of a sale by the IRS are less than the total of the tax bill and the expenses of the levy and sale, the taxpayer will not have to pay the balance.

A

If the proceeds of a sale by the IRS are less than the total of the tax bill and the expenses of the levy and sale, the taxpayer will not have to pay the balance.
Answer (D) is correct.
A levy is one method the IRS uses to collect tax that has not been paid voluntarily. A levy is the seizure of property in order to satisfy a tax debt. If the proceeds from the sale of the property seized are less than the total tax bill, the taxpayer is required to pay the balance.

46
Q

With regard to the levy method used by the IRS to collect tax that has not been paid voluntarily, which of the following statements is false?

A. The IRS cannot levy any state income tax refund checks and apply the state refund to a federal tax debt.

B. If the IRS levies a taxpayer’s bank account, the bank is required to hold the funds the taxpayer has on deposit, up to the amount the taxpayer owes, for 21 days.

C. Levies can be made on property that is the taxpayer’s but is held by third parties.

D. The IRS will release a levy if the IRS determines the levy is creating an economic hardship for the taxpayer.

A

The IRS cannot levy any state income tax refund checks and apply the state refund to a federal tax debt.
Answer (A) is correct.
A levy allows the IRS, by legal authority, to take a taxpayer’s property in order to satisfy a tax debt. The IRS may levy on property that is held by the taxpayer or on property belonging to the taxpayer but held by a third party. In most states that have state income taxes, the IRS can levy a state refund check and apply the state refund to a federal tax debt.

47
Q

Mr. Alomar’s income tax return was examined by the IRS, and he agreed with the proposed changes. He has several ways by which he may settle his account and pay any additional tax that is due. Which of the following statements with respect to this situation is false?

A. If he pays when he signs the agreement, the interest is generally figured from the due date of the return to the date of his payment.

B. If he does not pay the additional tax when he signs the agreement, he will receive a bill. The interest on the additional tax is generally figured from the due date of the return to the billing date.

C. If the bill is delayed, he will not be billed for additional interest for more than 60 days from the date he signed the agreement.

D. If he pays the amount due within 21 days of the billing date, he will not have to pay more interest or penalties.

A

If the bill is delayed, he will not be billed for additional interest for more than 60 days from the date he signed the agreement.
Answer (C) is correct.
Although the IRS may lower the interest on tax owed when the interest is due to an error or delay by an IRS official performing a procedural or mechanical act, it will not suspend the billing of interest until the payment is made.

48
Q

If the IRS must seize (levy) a taxpayer’s property, the taxpayer has the right by federal law to keep all of the following EXCEPT

A. A limited amount of personal belongings, furniture, and business or professional books and tools.

B. Unemployment and job training benefits and workers’ compensation.

C. Salary or wages that have been included in a judgment for court-ordered child support payments.

D. Tangible personal business property if the collection of tax is in jeopardy.

A

Tangible personal business property if the collection of tax is in jeopardy.
Answer (D) is correct.
A levy is the seizure of property by the IRS in order to satisfy a tax debt. Section 6334 and Reg. 301.6334-1 list the items of property that are statutorily exempt from a levy:
1. Necessary clothing and schoolbooks
2. A limited amount of personal belongings, furniture, and business or professional books and tools
3. Unemployment and job training benefits, workers’ compensation, welfare, certain disability payments, and certain pension benefits
4. The income needed to pay court-ordered child support
5. Undelivered mail
6. An amount of weekly income equal to the standard deduction divided by 52
7. Tangible personal business property, unless collection of tax is in jeopardy or the district director (or assistant) approves the levy in writing
8. Principal residence, unless the levy is approved in writing by a judge or magistrate of a U.S. District Court

49
Q

Which of the following statements in respect to IRS seizure and sale of a taxpayer’s property to satisfy his or her federal tax bill is false?

A. A taxpayer does not have the right to redeem any property seized once the IRS has sold it.

B. Unless the property is perishable and must be sold immediately, the IRS will wait at least 10 days after seizure before conducting the sale.

C. Before the date of sale, the IRS may release the property to the taxpayer if (s)he pays the amount equal to the amount of the government’s interest in the property.

D. The taxpayer may request a recomputation if (s)he is in disagreement with the minimum price the IRS has determined it will accept for the property.

A
A taxpayer does not have the right to redeem any property seized once the IRS has sold it.
Answer (A) is correct.
Section 6331(b) authorizes the seizure and sale of any property upon which the IRS may levy. Section 6337(a) provides a right of redemption by paying the amount due, together with expenses, at any time prior to sale of the property. For real property, the right of redemption continues until 180 days after the sale [Sec. 6337(b)].
50
Q

Mr. Smith’s 2017 income tax return, which he filed on May 3, 2018, was examined by the IRS. Smith did not have an extension of time to file. On October 20, 2019, he signed a report agreeing to a deficiency of $10,000. He received a notice and demand showing additional tax, interest, and penalties. The notice was dated November 7, 2019. If Mr. Smith paid the bill on November 13, 2019, which of the following reflects the date interest started accruing and the date it stopped?

Interest Started———————Interest Ended
A. 4/16/18——————————–11/7/19

B. 4/16/18——————————–11/13/19

C. 5/3/18———————————11/7/19

D. 10/20/19——————————11/13/19

A

Interest Started—————-Interest Ended
4/16/18——————————11/7/19
Answer (A) is correct.
Under Sec. 6601(a), interest on any underpayment of tax begins to accrue on the date prescribed for payment, which is generally the due date of the return computed without regard to extensions. The interest generally continues to accrue until the date the tax is paid. However, Sec. 6601(c) provides that, if a taxpayer files an agreement waiving the restrictions on assessment of deficiency, and notice and demand for payment are not made within 30 days after filing such waiver, interest will be suspended 30 days after signing of the waiver.
Once the demand for payment is made, interest does not accrue after the date of demand if the tax is paid within 21 days after the date of such demand [Sec. 6601(e)(3)].
Mr. Smith will be billed for interest from April 16, 2018, through November 7, 2019. The interest charge stopped on the date the notice and demand for payment was made since such document was issued within 30 days of Smith’s agreeing to the deficiency, and payment was made within 21 days of the notice and demand. The interest rate charged for underpayments of tax by individuals is the short-term federal rate plus three percentage points (Sec. 6621).

51
Q

Which of the following best describes a levy when it relates to a tax debt?

A. A levy is not a legal seizure of property.

B. A levy on salary or wages will end when the time expires for legally collecting the tax.

C. A levy can only be released by the filing of a lien.

D. A levy does not apply to wearing apparel and school books.

A

A levy on salary or wages will end when the time expires for legally collecting the tax.
Answer (B) is correct.
A levy is a legal seizure of a taxpayer’s property to satisfy a tax debt. The levy on salary or wages will end when
1. The levy is released,
2. The tax debt is paid, or
3. The time expires for legally collecting the tax.
A levy must be released if any of the following occur:
1. The taxpayer pays the tax, penalty, and interest owed.
2. The IRS discovers that the time for collection ended (the statute of limitations) before the levy was served.
3. The taxpayer provides documentation proving that releasing the levy will help the IRS collect the tax.
4. The taxpayer has, or is about to enter into, an approved, current installment agreement, unless the agreement says the levy does not have to be released.
5. The IRS determines that the levy is creating a significant economic hardship for the taxpayer.
6. The expense of selling the property would be more than the tax debt.
Among items that may not be levied or seized are school books and certain clothing (Pub. 594).

52
Q

Jeopardy levies may occur when the IRS waives the 10-day notice and demand period and/or the 30-day Final Notice (Notice of Intent to Levy) period because

A. The taxpayer has filed for bankruptcy protection.

B. The seized property is perishable in nature.

C. The IRS is working in conjunction with the Drug Enforcement Administration.

D. A delay would endanger the collection of tax.

A

A delay would endanger the collection of tax.
Answer (D) is correct.
Under Sec. 6331(a), a taxpayer has 10 days to pay the tax after receiving a Notice and Demand for Tax. If the taxpayer neglects or refuses to pay the tax within that time, the IRS may issue a Final Notice (Notice of Intent to Levy) giving the taxpayer 30 days to pay the tax. If the tax is not paid within that period, the IRS may proceed to collect the tax by levy upon the taxpayer’s property. If the IRS makes a finding that the assessment or collection of the tax deficiency is in jeopardy, the IRS may waive the 10-day notice and demand period and/or the 30-day Final Notice (Notice of Intent to Levy) period. Jeopardy levies may occur when delay would endanger collection of the tax, interest, penalties, etc. (Sec. 6861).

53
Q

Which of the following statements with respect to IRS seizure and sale of a taxpayer’s property to satisfy the taxpayer’s tax bill is false?

A. A seizure may not be made on any property if the estimated cost of the seizure and sale exceeds the fair market value of the property to be seized.

B. A taxpayer has the right to an administrative review of a seizure action when the IRS has taken personal property that is necessary to the maintenance of the taxpayer’s business.

C. The IRS must wait 30 days after seizure before conducting a sale.

D. After the sale, proceeds are applied first to the expenses of the levy and sale.

A

The IRS must wait 30 days after seizure before conducting a sale.
Answer (C) is correct.
After seizure of property, the IRS gives notice of sale to the public and to the taxpayer from whom the property was seized. Under Sec. 6335(d), the time of sale must be not less than 10 days nor more than 40 days from the time of giving public notice. Section 6336 provides an exception to this rule in the case of perishable goods, which must be returned to the taxpayer if (s)he pays the appraised value of the goods or posts a bond. If the taxpayer does not pay such amount or post a bond, the goods must be sold immediately.

54
Q

With respect to the IRS’s seizures and sales of personal property to satisfy a federal tax debt, which of the following statements is false?

A. After the notice of sale has been given to the taxpayer, the IRS must wait 10 days before conducting the sale unless the property is perishable and must be sold immediately.

B. After the sale, the IRS uses the proceeds first to satisfy the tax debt.

C. If real estate was sold, the taxpayer, or anyone with an interest in the property, may redeem it at any time within 180 days after the sale by paying the purchaser the amount paid for the property plus a certain percentage of interest.

D. Before the date of sale, the IRS computes a “minimum bid price,” which is the lowest amount the IRS will accept for the sale of that property to protect the taxpayer’s interest in that property.

A

After the sale, the IRS uses the proceeds first to satisfy the tax debt.
Answer (B) is correct.
The sale proceeds are applied first against the expenses of the proceedings, next against any federal excise tax imposed directly on the property, and then against the tax liability for which the levy was made, including a separate supporting statement containing the basis for the taxpayer’s explanation.

55
Q

Which of the following statements with respect to a levy is false?

A. A levy can be made on property in the hands of third parties or in the taxpayer’s possession.

B. Generally, court authorization is not required before levy action is taken.

C. A Final Notice of Intent to Levy is not enforceable unless this notice is given to the taxpayer in person.

D. The IRS must release a levy if the fair market value of the property exceeds the levy and its release would not hinder the collection of tax.

A

A Final Notice of Intent to Levy is not enforceable unless this notice is given to the taxpayer in person.
Answer (C) is correct.
Section 6331 authorizes the IRS to collect unpaid taxes by levying upon the taxpayer’s property. A tax liability must be assessed. Within 60 days after making the assessment, the IRS is required to give a notice and demand for payment to the taxpayer. This notice must be left at the taxpayer’s dwelling or usual place of business, or sent by mail to the taxpayer’s last known address [Sec. 6303(a)]. If the taxpayer neglects or refuses to pay the tax within 10 days after notice and demand, a Final Notice (Notice of Intent to Levy) must be provided to the taxpayer at least 30 days in advance [Sec. 6331(d)]. This notice must be given in person, left at the taxpayer’s dwelling or usual place of business, or sent by certified or registered mail to the taxpayer’s last known address.

56
Q

A taxpayer’s business real property may not be seized and sold by the IRS unless the collection of the tax is in jeopardy or approval has been secured from

A. The involved revenue officer’s immediate supervisor.

B. The IRS chief of collections.

C. The IRS area director or assistant area director.

D. The IRS regional commissioner or assistant regional commissioner.

A

The IRS area director or assistant area director.
Answer (C) is correct.
A levy is one method the IRS uses to collect tax that has not been paid voluntarily. A levy is the seizure of property in order to satisfy a tax debt. A levy cannot be made on tangible personal property or nonrental real property used in a trade or business unless the levy is approved in writing by an area director or assistant area director of the IRS, or unless the collection is in jeopardy.

57
Q

Which of the following statements is false in respect to a Notice of Federal Tax Lien?

A. It is a public notice to the taxpayer’s creditors that the government has a claim against all of the taxpayer’s real, personal, and/or business property, including property that was acquired after the lien came into existence.

B. All fees charged by the state or other jurisdiction for both filing and releasing the lien will be added to the balance owed.

C. The IRS will issue a Release of the Notice of Federal Tax Lien within 30 days after acceptance of a bond guaranteeing payment of the liability.

D. A taxpayer cannot sue the federal government for damages if the IRS knowingly or negligently fails to release a Notice of Federal Tax Lien when a release is warranted.

A

A taxpayer cannot sue the federal government for damages if the IRS knowingly or negligently fails to release a Notice of Federal Tax Lien when a release is warranted.
Answer (D) is correct.
Section 6343 directs the IRS to release the levy on a taxpayer’s property under certain circumstances. Section 6325 directs the IRS to issue a certificate of release of lien within 30 days after the tax liability is satisfied (or becomes unenforceable) or after a bond guaranteeing payment of the liability is accepted. Section 6326 provides for administrative appeal to the IRS for release of a lien. Section 7432(a) provides that a taxpayer may bring a civil action for damages against the U.S. if the IRS knowingly or negligently fails to release a lien under Sec. 6325.

58
Q

Which of the following is NOT a legal requirement that must be met before levy action can be taken?

A. The taxpayer must have been audited by the IRS.

B. An unpaid tax liability must exist.

C. A notice and demand for payment must have been sent to the taxpayer’s last known address.

D. A Final Notice (Notice of Intent to Levy) must be given to the taxpayer at least 30 days in advance.

A

The taxpayer must have been audited by the IRS.
Answer (A) is correct.
Section 6331 authorizes the Internal Revenue Service to collect unpaid taxes by levying upon the taxpayer’s property. Before levy action can be taken, it must first be determined that a tax liability exists. Within 60 days after making the assessment, the IRS is required to give a notice and demand for payment to the taxpayer. This notice must be left at the taxpayer’s dwelling or usual place of business or must be sent by mail to the taxpayer’s last known address [Sec. 6303(a)]. If the taxpayer neglects or refuses to pay the tax within 10 days after notice and demand, a Final Notice (Notice of Intent to Levy) must be given to the taxpayer at least 30 days in advance [Sec. 6331(d)]. There is no requirement that a taxpayer first be audited.

59
Q

Which of the following statements with respect to a continuous levy is false?

A. A levy does not apply to property acquired by a taxpayer after the date of levy.

B. A levy applies to all non-exempt property acquired prior to the date of levy.

C. A levy does not apply to wages and salaries received after the date of levy.

D. A levy of up to 15% may apply to all specified payments received after the date of levy.

A

A levy does not apply to wages and salaries received after the date of levy.
Answer (C) is correct.
A levy generally does not apply to property acquired after the date of levy. However, there is an exception for salaries and wages.

60
Q

If the IRS seizes property that is not perishable, the IRS will

A. Request sealed bids for the property.

B. Advertise the sale for 90 days before the sale.

C. Conduct the sale after the property has been held 60 days.

D. Wait at least 10 days after seizure before conducting the sale.

A

Wait at least 10 days after seizure before conducting the sale.
Answer (D) is correct.
After seizure of property, the IRS gives notice of sale to the public and to the taxpayer from whom the property was seized. Under Sec. 6335(d), the time of sale must be not less than 10 days nor more than 40 days from the time of giving public notice. Section 6336 provides an exception to this rule in the case of perishable goods, which must be returned to the taxpayer if (s)he pays the appraised value of the goods or posts a bond. If the taxpayer does not pay the appraised amount or post a bond, perishable goods must be sold immediately.

61
Q

Which of the following terms is defined as a legal seizure of taxpayer’s property to satisfy a tax liability?

A. Lien.

B. Levy.

C. Assessment.

D. Encumbrance.

A

Levy.
Answer (B) is correct.
If a taxpayer neglects or refuses to pay a deficiency after demand, the IRS will take certain actions. Before the IRS takes any enforced collection actions, it will contact the taxpayer to give the taxpayer a chance to voluntarily pay the tax liability. If the taxpayer does not pay the taxes in full and does not contact the IRS, enforced collections will begin. The IRS will attach a lien to all the person’s property. A lien gives the IRS a legal claim to the taxpayer’s property as security for payment of a tax liability. The IRS also may levy the taxpayer’s property to collect unpaid taxes. A levy is defined as the power of distraint and seizure by any means.

62
Q

After agreeing with several proposed changes found during an IRS audit of the taxpayer’s income tax return, the taxpayer believes that (s)he will owe an additional $5,000 (excluding interest). The taxpayer deposits a cash bond in that amount with the IRS. What is the resulting effect to the taxpayer’s tax liability of depositing this bond with the IRS?

A. The cash bond will cover the liability covering the tax owed and the interest portion.

B. It will stop the further accrual of interest on both tax and interest accrued to that point.

C. It will stop the accrual of interest only on the amount sent.

D. The IRS will not accept the cash bond for any amount.

A

It will stop the accrual of interest only on the amount sent.
Answer (C) is correct.
The IRS is authorized to levy on a person’s property to collect unpaid assessed taxes. Before levy action can begin, the IRS must make a determination of tax liability and assess it. Interest is assessed from the date the taxes are required to be paid, usually the due date of the return. Within 60 days after making the assessment, the IRS is required to provide a notice and demand for payment to the person.
A deposit of cash by the taxpayer may stop the further accrual of interest if the taxpayer believes additional tax is owed. However, the deposit will stop the accrual of interest only on the amount that is sent. Because of compounding rules, interest will accrue on accrued interest, even if the taxpayer has paid the underlying tax. To stop the accrual of interest on both tax and interest, a deposit must be made for both the tax and interest that has accrued as of the date of deposit or payment.

63
Q

Identify the correct statement regarding the calculation of interest on a tax liability.

A. Interest is not accrued on penalties related to the tax liability.

B. Interest will be charged from 30 days beyond the original tax return due date.

C. Interest is figured from the return due date to the billing date, if paid within 21 days.

D. Interest is figured from the return due date to the billing date, if paid within 30 days.

A

Interest is figured from the return due date to the billing date, if paid within 21 days.
Answer (C) is correct.
Interest is generally figured from the due date of the return to either the date payment is made, if paid when agreement of assessment is signed, or the billing date, if paid within 21 days.

64
Q

Regarding a tax lien, the IRS must notify the taxpayer in writing within how many days after filing the lien?

A. 5 calendar days.

B. 5 business days.

C. 10 business days.

D. 30 calendar days.

A

5 business days.
Answer (B) is correct.
If a person neglects or refuses to pay a deficiency after demand, a lien attaches to all the person’s property. When the IRS files a Notice of Federal Tax Lien, all creditors of the taxpayer are notified of the lien. The IRS must notify the taxpayer in writing within 5 business days after filing a lien. Recording the notice provides constructive notice to potential purchasers and creditors that the government has a claim against the property.

65
Q

Select the correct statement concerning a taxpayer’s appeal of the filing of a Notice of Federal Tax Lien.

A. The taxpayer may appeal the filing of a Notice of Federal Tax Lien for any reason.

B. Upon the conclusion of the CDP hearing, the IRS will issue a determination.

C. The taxpayer has 60 days to bring a suit to contest the determination of the CDP hearing.

D. A tax lien may be filed while a taxpayer is in bankruptcy.

A

Upon the conclusion of the CDP hearing, the IRS will issue a determination.
Answer (B) is correct.
A taxpayer may appeal the filing of a Notice of Federal Tax Lien if the taxpayer believes the IRS filed in error. Upon the conclusion of the CDP hearing the IRS will issue a determination stating whether the lien will be removed or will continue its existence.

66
Q

What is the type of collection that allows the IRS to waive the 10-day period of Notice and Demand for Tax?

A. Lien.

B. Levy.

C. Jeopardy levy.

D. Installment agreement.

A

Jeopardy levy.
Answer (C) is correct.
If the IRS makes a finding that assessment or collection of a tax deficiency is in jeopardy, the IRS may waive the 10-day Notice and Demand for Tax period and/or the 30-day Notice of Intent to Levy period. A jeopardy levy is based on the collection of tax, interest, penalties, etc., being endangered by delay.

67
Q

Which of the following properties is NOT exempt from levy?

A. Unemployment benefits.

B. Certain annuity and pension benefits.

C. State income tax refunds.

D. Tools of a trade.

A

State income tax refunds.
Answer (C) is correct.
The IRS is authorized to seize and sell property of persons with unpaid assessed liability after proper notice. Certain property is exempt from levy. In most states that have state income taxes, the IRS can levy a state refund check and apply the state refund to a federal tax debt.

68
Q

Which statement is true about the IRS providing notice and demand relating to a tax levy?

A. The notice is accompanied by a publication outlining the taxpayer’s rights.

B. The notice must be left at the person’s home or usual place of business.

C. Taxpayers may use the IRS Problem Resolution Program to solve problems with an IRS employee.

D. All of the answers are correct.

A

All of the answers are correct.
Answer (D) is correct.
Before levy action can begin, the IRS must make a determination of tax liability and assess it. Within 60 days after making the assessment, the IRS is required to provide a notice and demand for payment to the person. It must be left at the person’s home or usual place of business. The notice is accompanied by a publication outlining the taxpayer’s rights. The IRS has a Problem Resolution Program for taxpayers who are unable to solve their problems with an IRS employee.

69
Q

A levy on wages ends under all of the following circumstances, EXCEPT

A. The penalties and interest on the tax liability are satisfied.

B. The levy becomes unenforceable due to lapse of time.

C. The levy is released.

D. The IRS determines the levy is creating an economic hardship for the taxpayer.

A

The penalties and interest on the tax liability are satisfied.
Answer (A) is correct.
A levy on wages begins from the date the levy is enacted until (1) the tax liability assessed is satisfied, (2) the levy is released, or (3) the levy becomes unenforceable due to lapse of time. The IRS will also release a levy if the IRS determines the levy is creating an economic hardship for the taxpayer. A levy on wages will not end even if the penalties and interest on the tax liability are satisfied.

70
Q

Which of the following taxes may be discharged in bankruptcy?

A. Gift.

B. Estate.

C. Income.

D. Employment.

A

Income.
Answer (C) is correct.
The IRS will not discharge taxes through bankruptcy unless certain conditions are met. These conditions are applicable to tax returns and tax assessments independently. One of the conditions is that the tax to be discharged must be an income tax. Therefore, gift tax, estate tax, and employment taxes do not qualify for bankruptcy.

71
Q

Which of the following disqualifies a taxpayer’s income tax liability from being discharged in bankruptcy?

 1. Being charged of tax evasion or fraudulent tax activities
 2. Being convicted of tax evasion or fraudulent tax activities

A. I only.

B. II only.

C. I and II.

D. Neither I nor II.

A

II only.
Answer (B) is correct.
The IRS will not discharge taxes through bankruptcy unless certain conditions are met. These conditions are applicable to tax returns and tax assessments independently. One of the conditions is that the taxpayer must not have a conviction of tax evasion or fraudulent tax activities. Simply being charged with evasion or fraudulent tax activities does not disqualify the taxpayer from relief through bankruptcy.

72
Q

A new client visits an Enrolled Agent (EA). The taxpayer believes that the U.S. tax system is purely voluntary and filed a return showing no income tax, requesting all withholdings be refunded. The IRS assessed a $5,000 frivolous return penalty. The taxpayer has 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. Which of the following is a correct statement regarding the CDP hearing request raising arguments previously deemed frivolous?

A. If the CDP request is deemed frivolous, the taxpayer will be given 30 days to withdraw or amend the CDP request in order to avoid a frivolous submission penalty.

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. In all circumstances, filing the CDP request will suspend any levies while Appeals considers the request.

A

If the CDP request is deemed frivolous, the taxpayer will be given 30 days to withdraw or amend the CDP request in order to avoid a frivolous submission penalty.
Answer (A) is correct.
Upon the conclusion of the CDP hearing, the IRS will issue a determination stating whether the lien will be removed or will continue its existence. If the taxpayer disagrees with the outcome of the hearing, (s)he has 30 days from the receipt of the letter to bring a suit to contest the determination (Publication 594).

73
Q

All of the following statements with respect to the IRS seizure and sale of a taxpayer’s property to satisfy his or her tax bill are true except

A. A seizure may not be made on any property if the estimated cost of the seizure and sale exceeds the fair market value of the property to be seized.

B. A taxpayer has the right to an administrative review of a seizure action when the IRS has taken personal property necessary to the maintenance of the taxpayer’s business.

C. A taxpayer does not have the right to redeem his or her property prior to sale by the IRS.

D. After the sale, proceeds are applied first to the expenses of the levy and sale.

A
A taxpayer does not have the right to redeem his or her property prior to sale by the IRS.
Answer (C) is correct.
Section 6331(b) authorizes the seizure and sale of any property upon which the IRS may levy. Section 6337(a) provides a right of redemption by paying the amount due, together with expenses, at any time prior to sale of the property. For real property, the right of redemption continues until 180 days after the sale [Sec. 6337(b)].
74
Q

Which of the following is NOT a requirement for the IRS to file a Notice of Federal Tax Lien?

A. Assessment of the liability.

B. Assessment of the taxpayer’s ability to pay the liability.

C. Sending notice of tax due and demand for payment, unless waived by the taxpayer.

D. The taxpayer must neglect or refuse to pay the tax within 10 days after notification.

A

Assessment of the taxpayer’s ability to pay the liability.
Answer (B) is correct.
Before the IRS files a Notice of Federal Tax Lien, three requirements must be met for the statutory lien to attach: the IRS must assess the liability, the IRS must send notice of tax due and demand for payment, unless waived by the taxpayer, and the taxpayer must neglect or refuse to pay the tax within 10 days after notification.

75
Q

When appealing the filing of a Notice of Federal Tax Lien, which of the following is true?

A. The outcome of a Collection Due Process hearing is final and may not be overturned.

B. Liens may be filed while a taxpayer is in bankruptcy and subject to the automatic stay during bankruptcy.

C. In order to appeal, Form 12153, Request for a Collection Due Process or Equivalent Hearing, must be completed and returned within 30 days.

D. Taxpayers may not directly appeal the filing of a Notice of Federal Tax Lien even if the taxpayer believes the IRS filed in error.

A

In order to appeal, Form 12153, Request for a Collection Due Process or Equivalent Hearing, must be completed and returned within 30 days.
Answer (C) is correct.
In appealing the filing of a Notice of Federal Tax Lien, Form 12153, Request for a Collection Due Process or Equivalent Hearing, is completed and sent to the address from which the lien came. The request must be received within 30 days.

76
Q

With regard to the trust fund recovery penalty assessments for employers, which of the following statements is false?

A. The penalty can be applied regardless of whether a taxpayer is out of business or without assets.

B. The penalty is computed on unpaid income taxes withheld plus the employee’s and the employer’s portion of the FICA taxes.

C. The two key elements that support an assessment of the penalty against an individual are responsibility and willfulness.

D. The amount of the penalty is equal to the unpaid trust fund tax.

A

The penalty is computed on unpaid income taxes withheld plus the employee’s and the employer’s portion of the FICA taxes.
Answer (B) is correct.
When a person is responsible for collection and payment of trust fund taxes, (s)he is assessed a penalty equal to the amount of the delinquent trust fund taxes. Trust fund taxes are the taxes an employer is required to withhold from employees. The employer is required to pay FICA taxes equivalent to the amount withheld from the employee, but these are non-trust fund taxes and are not included when determining the amount of the penalty.

77
Q

All of the following persons may be responsible for the trust fund tax EXCEPT

A. An officer of a corporation.

B. An employee in the payroll department.

C. A member of the board of trustees.

D. A corporate director or shareholder.

A

An employee in the payroll department.
Answer (B) is correct.
A person who has a responsibility to collect withholding taxes imposed on another person may be liable for a penalty equal to the amount of such taxes that (s)he willfully fails to remit to the IRS. The primary factor considered in determining responsibility is the control of funds and the authority to sign or co-sign checks. Included among responsible persons are the officers, employees, directors, and shareholders of a corporation and members of the board of trustees. An employee in the payroll department generally does not have control over funds.

78
Q

With regard to the trust fund recovery penalty assessments for employers, which of the following statements is false?

A. A federal tax lien may be filed against a responsible person.

B. A person is considered willful if (s)he has free will or choice, yet either intentionally disregards the law or is plainly indifferent to legal requirements.

C. The penalty also applies to excise taxes.

D. The amount of the penalty is equal to the unpaid income taxes withheld.

A

The amount of the penalty is equal to the unpaid income taxes withheld.
Answer (D) is correct.
When a person is responsible for collection and payment of trust fund taxes, (s)he is assessed a penalty equal to the amount of the delinquent trust fund taxes. Trust fund taxes are the taxes an employer is required to withhold from employees, including income taxes withheld and the employee’s share of FICA taxes.

79
Q

The trust fund recovery penalty was enacted to encourage prompt payment of which taxes?

A. Estate taxes.

B. Gift taxes.

C. Collected excise taxes.

D. Accumulated earnings taxes.

A

Collected excise taxes.
Answer (C) is correct.
The trust fund recovery penalty was enacted to encourage the prompt payment of withheld income and employment taxes, including Social Security and collected excise taxes. These taxes are called trust fund taxes because the employer actually holds the employee’s money in trust until the employer makes a federal tax deposit in the amount held.

80
Q

Which of the following penalties is the highest (as determined by the percentage of unpaid taxes)?

A. Failure-to-file penalty.

B. Trust fund recovery penalty.

C. Failure-to-pay penalty.

D. Frivolous tax position penalty.

A

Trust fund recovery penalty.
Answer (B) is correct.
The trust fund recovery penalty was enacted to encourage the prompt payment of withheld income and employment taxes, including Social Security and collected excise taxes. The penalty amount is 100% of the amount of trust fund taxes that were not paid.

81
Q

Below is a list of items which may or may not be included as trust fund taxes:
1. Income taxes withheld
2. The employer’s portion of FICA taxes withheld
3. The employee’s portion of FICA taxes withheld
4. The additional Medicare tax withheld
Which of the above are included as trust fund taxes?

A. I only.

B. IV only.

C. II and IV.

D. I and III.

A

I and III.
Answer (D) is correct.
Trust fund taxes are composed of income taxes withheld plus the employee’s portion of FICA taxes withheld.

82
Q

The trust fund recovery penalty amount is equal to what percentage of the amount of trust fund taxes that were NOT paid?

A. 90%

B. 85%

C. 100%

D. 110%

A

100%
Answer (C) is correct.
The penalty amount is equal to 100% of the amount of trust fund taxes that were not paid.

83
Q

An employee performs the function of paying various company bills. The employee’s supervisor directs them as to which bills to pay and in what amount. In the event of the company’s failure to pay a trust fund tax bill, the trust fund penalty is like to be imposed upon

A. The employee responsible for paying the bills.

B. The supervisor.

C. The CFO of the company.

D. The company’s board of trustees.

A

The supervisor.
Answer (B) is correct.
The supervisor has both the duty to perform and the power to direct the payment of the trust fund taxes. The supervisor should direct the employee to pay the trust fund tax bill on time in the appropriate amount.

84
Q

Trust fund recovery penalties

A. Equal 100% of the amount of income taxes withheld.

B. Encourage the payment of collected excise taxes.

C. Are based on the FICA and additional Medicare tax.

D. Can be excepted from discharge only if provided for in the plan.

A

Encourage the payment of collected excise taxes.
Answer (B) is correct.
The trust fund recovery penalty was enacted to encourage the prompt payment of withheld income and employment taxes, including Social Security and collected excise taxes.

85
Q

Employee A works in the accounts payable department. A’s job duties include making timely payments of any outstanding balances, company supplies, and any soon-to-be due bills. Payment is made once A’s supervisor has approved the purpose of the payment. A is aware of a recently received bill for trust fund taxes due by the end of the week. However, the payment is never made, as A never received approval. Any trust fund recovery penalty would most likely be assessed upon

A. The treasurer of the company.

B. Employee A.

C. The company’s payable department.

D. A’s supervisor.

A

A’s supervisor.
Answer (D) is correct.
A’s supervisor will most likely be assessed the penalty, as they had a responsibility of authorizing specific payments. Without authorization, A was never able to make the tax payment.