Deck 14: Tax Practice and Administration: Sanctions, Agreements, and Disclosures

Question 1

A tax return preparer TRP) is:

A) Necessarily a CPA as required by the IRS.
B) Not subject to any kind of penalty as he/she prepares return on behalf of taxpayer.
C) Any person who prepares tax returns gratuitously.
D) Any person who prepares tax return for compensation.

Answer 1

D

Question 2

After the assessment has been made, the taxes assessed must be collected within:

A) 2 years
B) 10 years
C) 5 years
D) 8 years

Answer 2

B

Question 3

The period for filing a claim for refund is extended when overpayment results from:

A) Overstatement of incomes in the income statement.
B) Ignorance of tax laws on the part of return preparers.
C) Negligence on the part of return preparer while filing returns.
D) Carryback of a net operating loss, capital loss or certain credits.

Answer 3

D

Question 4

The statute of limitations can be suspended if:

A) The taxpayer is outside the United States for three consecutive months.
B) The taxpayer's assets are in the custody of the court.
C) A fiduciary or receiver is yet to be appointed in a bankruptcy case.
D) The taxpayer is ignorant of such a statue.

Question 5

William, a tax-payer, timely mailed his tax return. However, the same was returned for insufficient postage. IRS imposed a penalty. Can William claim waiver of penalty?

A) Yes, William can claim waiver of penalty since it is his first tax return.
B) Yes, William can claim waiver since the failure to file tax return is due to a reasonable clause.
C) No, William can not claim waiver since it is a case of willful neglect.
D) No, William cannot claim waiver of penalty as he is a delinquent tax-payer.

Question 6

Form 9465 is used by the taxpayer to initiate which of the following?

A) Closing Agreement
B) Installment Agreement
C) Offer in Compromise
D) Tax Refund

Question 7

The standard for conviction in a criminal case is establishment of:

A) guilt with some reasonable doubt
B) guilt beyond reasonable doubt
C) any guilt even though highly doubtful
D) criminal intent even though not implemented

Question 8

A tax return preparer may disclose information obtained from the taxpayer without being subject to civil and criminal penalty if such disclosure is:

A) For other than the specific purpose of preparing a tax return.
B) Pursuant to fulfillment of his own financial goals.
C) Pursuant to any provisions of the code, or to a court order.
D) Required for the growth of his profession.

Question 9

When a taxpayer is subject to both underpayment and overpayment computations for the same time period, which of the following rates of interest applies to the net amount payable to or receivable from the government?

A) 4 %
B) 6 %
C) 0 %
D) 5 %

Question 10

In which of the following cases does a taxpayer hold the right to refuse to answer inquiries that are made by the IRS in a criminal setting?

A) The taxpayer would suffer a monetary loss by answering a criminal inquiry.
B) The nature of crime is not severe.
C) The taxpayer is confident to obtain a conviction.
D) The taxpayer would suffer a loss of some constitutional right by answering a criminal inquiry.

Question 11

Which of the following would lead to imposition of civil penalties?

A) violation of civil protocols
B) violation of tax laws as a result of negligence
C) violation of tax statues due to reasonable cause
D) violation of social rules and norms

Question 12

The burden of proof in a fraud case is on the:

A) tax payer
B) tax court
C) IRS
D) tax practitioner

Question 13

Penalties that are based on a percentage of the delinquent tax are referred to as:

A) assessable penalties
B) ad valorem penalties
C) criminal penalties
D) nominal penalties

Question 14

What is the general statute of limitations on assessment of income tax:

A) 6 years
B) 3 years
C) 7 years for criminal tax evasion.
D) None of the above.

Question 15

When the accuracy-related penalty applies, interest on the penalty accrues from the:

A) date on which assessment is made
B) date on which the penalty was imposed or December 31 whichever is earlier
C) date on which the penalty was imposed
D) due date of the return

Question 16

A 'large corporation' as defined in the Code is one which had a taxable income of:

A) $10 million or more in any of the 10 immediately preceding taxable years.
B) $2 million or more in any of the two immediately preceding taxable years.
C) $5 million or more in any immediately preceding five taxable years.
D) $1 million or more in any of the three immediately preceding taxable years.

Question 17

Which of the following entities usually request to have their tax assessed within 18 months?

A) Estates.
B) Liquidating Corporations.
C) Income tax return of a decedent.
D) All of the above.

Question 18

If a taxpayer fails to file return due to willful neglect, the minimum penalty is:

A) 25 percent or 5 months cumulative penalty
B) lesser of $ 125 or the full amount of taxes that are required to be shown on the return
C) 15 percent monthly penalty
D) lesser of $135 or the full amount of taxes that are required to be shown on the return

Question 19

The statute of limitations refers to a:

A) Set of provisions that limits a return preparer's rights.
B) Specific period of time within which returns must be filed.
C) Set of provisions that limits a taxpayer's rights.
D) Specific period of time within which all taxes must be assessed and collected, and all refund claims must be made.

Question 20

An individual who is convicted of willfully aiding or assisting in the preparation of a false return is subject to which of the following penalties?

A) Imprisonment up to 2 years and /or fine that cannot exceed $10,000.
B) Imprisonment up to 5 years and /or fine that cannot exceed $50,000.
C) Imprisonment up to 10 years and/or fine that cannot exceed $15,000.
D) Imprisonment up to 3 years and/or fine that cannot exceed $100,000.

Question 21

When the IRS mails a statutory notice of deficiency to the taxpayer, the assessment and collection period is suspended for 150 days 210 days if the letter is addressed to a person who is outside the United States).

Question 22

Return preparers are subject to criminal prosecution for willful misconduct.

Question 23

A taxpayer who files a corrected 1040 after filing a fraudulent 1040 will have a statute of limitations on the assessment of that return of:

A) 3 years
B) 6 years
C) 1 and a half years
D) None

Question 24

An individual should make a claim for refund or credit in the Form 1040X.

Question 25

The code provides for payment of interest on underpayments and overpayments of tax at an adjustable rate compounded annually.

Question 26

Some taxpayers may request to have their taxes assessed in 18 months.

Question 27

A failure to pay penalty is imposed when the taxpayer fails to pay either a tax shown on his or her return or an assessed deficiency within 10 days of an IRS notice or demand.

Question 28

The civil fraud penalty is:

A) 5%
B) 20%
C) 25%
D) 75%

Question 29

If a taxpayer mistakenly overstates itemized deductions which results in an understatement of adjusted gross income of 25 percent, the IRS has a 6-year Statute of Limitations on assessment.

Question 30

The 10-year period of limitations for collection begins from the due date of filing the return.

Question 31

If a taxpayer is convicted of criminal fraud, he or she can contest a civil fraud determination.

Question 32

A fraudulent failure to file tax returns is subject to a 25 percent monthly penalty.

Question 33

The Employee Withholding Allowance Certificate is required to be given by the employer to the employees.

Question 34

Criminal and civil penalties are mutually exclusive.

Question 35

Assessable penalties are subject to review by the Tax Court.

Question 36

If a taxpayer understates gross income by 25 percent, the IRS has a 6-year Statute of Limitations on assessment.

Question 37

Assessment of an internal revenue tax must be made within three years of the later of date that the return was actually filed or the actual i.e., not extended) due date of the return.

Question 38

Generally, an overpayment can be refunded or credited to the person who was subject to the original tax.

Question 39

The penalty for a willful failure to pay to the government a tax withheld from an employee's paycheck is one hundred percent of the unpaid tax.

Question 40

The penalty for failure to make payment of quarterly estimated income taxes is computed without any daily compounding and is not deductible.

Question 41

"In case of both civil and criminal frauds, the burden of proof is on the IRS." Explain.

Question 42

Could a taxpayer make such a small amount of income that a tax return not be filed and still have an unlimited Statute of Limitations on Assessment?
Essay

Question 43

If the Statute of Limitations on assessment is about to expire, the IRS may request an extension, but the taxpayer is not required to agree to such extension.
Short

Question 44

If a taxpayer never files a tax return then there is an endless Statute of Limitations on assessment.

Question 45

What are the two types of statutory agreements that may be used to resolve tax disputes? Describe each one of them in detail.

Question 46

What is the statute of limitations? Explain the nature of statutes of limitations. List the circumstances in which the statute of limitations can be suspended.

Question 47

Cite two instances that would lead to imposition of criminal penalties on the return preparers.

Question 48

What is the procedure for claiming refund or credit for overpayment of tax?

Question 49

What are the requirements to be satisfied for the issue of an injunction by the IRS against a TRP who is guilty of misconduct to prohibit him or her from engaging in such misconduct or from practicing as a return preparer?

Question 50

List out some of the possible defenses that a tax payer may resort to against a charge of criminal tax offence.