Exam 26: Tax Practice and Ethics

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Georgio, a calendar year taxpayer subject to a 32% marginal Federal income tax rate, claimed a Form 1040 charitable contribution deduction of $300,000 for a sculpture that the IRS later valued at $120,000. The applicable overvaluation penalty is:

(Multiple Choice)
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Clarita underpaid her taxes by $50,000. Of this amount, $35,000 was due to negligence on her part, because her record-keeping system is highly inadequate. Determine the amount of any negligence penalty.

(Short Answer)
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The penalty for substantial understatement of tax liability does not apply if:

(Multiple Choice)
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For each of the indicated tax penalties, indicate the appropriate taxpayer defense. A letter may be used more than once. Not all of the letters need be used. -Undervaluation of a reported item.

(Multiple Choice)
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The government can appeal a decision of the Tax Court Small Cases Division, but the taxpayer cannot.

(True/False)
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For each of the indicated tax penalties, indicate the appropriate taxpayer defense. A letter may be used more than once. Not all of the letters need be used. -Preparer penalty for reckless conduct.

(Multiple Choice)
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Recently, the overall Federal income tax audit rate for the Form 1040 has been under 1%.

(True/False)
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A % penalty may result when the value of an asset contributed to a charity is reported at an amount that exceeds 150% of the correct valuation.

(Short Answer)
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If the taxpayer comes to the office of the IRS for the audit of a tax return, the review is called a(n) ____________________ audit.

(Short Answer)
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The taxpayer or a tax adviser may be subject to penalties if there is a misstatement of the valuation of an item reported on the tax return. Describe how these penalties work.

(Essay)
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Gadsden, who is subject to a 40% marginal Federal gift tax rate, made a gift of a sculpture to Marvin, valuing the property at $150,000. The IRS later valued the gift at $400,000. The applicable undervaluation penalty is:

(Multiple Choice)
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Match each of the following tax penalties with the type of tax penalty as specified by the Code. A letter can be used more than once. The correct solution may include more than one letter. -Substantial understatement of a tax.

(Multiple Choice)
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Juarez (a calendar year taxpayer) donates a painting to a local art museum (a qualified charity). The painting cost Juarez $2,000 10 years ago and, according to one of Juarez's friends (an amateur artist), now is worth $40,000. On his income tax return, Juarez deducts $40,000 as a Form 1040 charitable contribution. Upon later audit by the IRS, it is determined that the true value of the painting was $30,000. Assuming that Juarez is subject to a 24% marginal Federal income tax rate, his penalty for overvaluation is:

(Multiple Choice)
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The IRS can require that the taxpayer produce its financial accounting records to determine whether taxable income is computed correctly.

(True/False)
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A negligence penalty can be waived if the taxpayer discloses a tax return position that is contrary to a judicial precedent and there is a for the taxpayer's position.

(Short Answer)
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The tax penalty imposed on appraisers:

(Multiple Choice)
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A tax professional needs to know how the IRS is structured and how it works to carry out its mission. Evaluate this statement.

(Essay)
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In preparing a tax return, a CPA should verify to the penny every item of information submitted by a client about its deduction for repairs and maintenance.

(True/False)
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IRS computers use document matching programs for both individuals and business taxpayers to keep the audit rate low.

(True/False)
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The Treasury issues private letter rulings and other determinations, usually in response to a taxpayer request. What is the purpose of the rulings program? Answer from both the point of view of the taxpayer and the government.

(Essay)
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