7i 7i 7i 7i Page 1-1
7i
Solution Manual Federal Tax Research
7i 7i 7i 7i
13th Edition by Roby Sawyers, Steven Gill
7i 7i 7i 7i 7i 7i 7i
Chapters 1 -13
7i 7i 7i
,Page 1-2
7i SOLUTIONS MANUAL 7i
CHAPTER 1 7i
INTRODUCTION TOTAX PRACTICE AND ETHICS 7i 7i 7i 7i 7i
DISCUSSION QUESTIONS
7i
1-1. In the United States, the tax system is an outgrowth of the following five disciplines: law,
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i accounting, economics, political science, and sociology. The environment for the tax system is
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
provided by the principles of economics, sociology, and political science, while the legal and
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i accounting fields areresponsible for the system‘s interpretation andapplication.
7i 7i 7i 7i 7i 7i 7i 7 i 7i
Each of these disciplines affects this country‘s tax system in a unique way. Economists addresssuch
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i issues ashowproposed taxlegislation will affect therate of inflation or economic growth.
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
Measurement of the social equity of a tax and determining whether a tax system discriminates
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i against certain taxpayers areissues that are examined bysociologists and political scientists.
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
Finally, attorneys areresponsible for theinterpretation ofthe taxation statutes, andaccountants
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
ensure that these same statutes areapplied consistently.****8880()
7i 7i 7i 7i 7i 7i 7i 7i
Page 4 7i
1-2. The other major categories oftaxpractice in addition totaxresearch are as follows:
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
• Tax compliance 7i
• Tax planning 7i
• Tax litigation 7i
Page 5
7i 7i
1-3. Tax compliance consists of gathering pertinent information, evaluating and classifying that
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i information, and filing any necessary tax returns. Compliance also includes other functions 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i necessary to satisfy governmental requirements, such as representing a client during an Internal
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
Revenue Service (IRS) audit.
7i 7i 7i 7i
,Federal Tax Research, 13th Edition
7i 7i 7i 7i Page 1-3 7i
Page 5 7i
1-4. Most of the tax compliance work is performed by commercial tax preparers, enrolled agents (EAs),
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i attorneys, and certified public accountants (CPAs). Noncomplex individual, partnership,and
7i 7i 7i 7i 7i 7i 7i 7i 7i
7i corporate tax returns often are completed by commercial tax preparers. The preparation of more
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i complex returns usually is performed by EAs, attorneys, and CPAs. The latter groups alsoprovide
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
tax planning services andrepresent their clients beforethe IRS.
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
An EA is one who is admitted to practice before the IRS by passing a special IRS-administered
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i examination, or who has worked for the IRS for five years and is issued a permit to represent clients 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i before the IRS. CPAs and attorneys are not required to take this examination and are automatically
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i admitted to practice before the IRS if they are in good standing with the appropriateprofessional
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
licensing board.
7i 7i
Page 5 and Circular 230 7i 7i 7i 7i
1-5. Tax planning is the process of arranging one‘s financial affairs to minimize any tax liability. Muchof
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
modern taxpractice centers around this process, and the resulting outcome is tax avoidance.
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
There is nothing illegal or immoral in the avoidance of taxation as long as the taxpayer remains within
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i legal bounds. In contrast, tax evasion constitutes the illegal nonpayment of a tax and cannotbe
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i condoned. Activities of this sort clearly violate existing legal constraints and fall outside of the domain
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i of the professional tax practitioner.
7i 7i 7i 7i
Page 6 7i
1-6. In an open tax planning situation, the transaction is not yet complete; therefore, the tax practitioner
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
maintains some degree of control over the potential tax liability, and the transaction may be modi- fied
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i to achieve a more favorable tax treatment. In a closed transaction however, all of the pertinentactions
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i have been completed, and tax planning activities may be limited to the presentation of the situation to
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
the government in themost legallyadvantageous manner possible.
7i 7i 7i 7i 7i 7i 7i 7i 7i
, Page 1-4
7i SOLUTIONS MANUAL 7i
Page 6 7i
1-7. Taxlitigation istheprocess of settling a dispute with theIRS in a court of law. Typically, a taxattorney
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
handles tax litigation that progresses beyond the final IRS appeal.
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
Page 6 7i
1-8. CPAs serve is a support capacityin tax litigation.
7i 7i 7i 7i 7i 7i 7i 7i
Page 6 7i
1-9. Taxresearch consists of theresolution ofunanswered taxation questions. Thetaxresearch process
7i 7i 7i 7i 7i 7i 7i 7i 7i 7 i 7i 7i 7i
includes the following:
7i 7i 7i
1. Identification ofpertinent issues; 7i 7i 7i
2. Specification ofproper authorities; 7i 7i 7i
3. Evaluation of the proprietyof authorities; and, 7i 7i 7i 7i 7i 7i
4. Application ofauthorities to a specific situation. 7i 7i 7i 7i 7i 7i
Page 6 7i
1-10. Circular 230 is issued bytheTreasuryDepartment and applies to all who practice before the IRS.Page 7
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
1-11. In addition to Circular 230, CPAs must follow the AICPA‘s Code of Professional Conduct and
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i Statements on Standards for Tax Services. CPAs must also abide by the rules of the appropriatestate
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
board(s) ofaccountancy.
7i 7i 7i
Page 7 7i
1-12. A return preparer must obtain 18 hours of continuing education from an IRS-approved CE Provider.
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i The hours must include a 6 credit hour Annual Federal Tax Refresher course (AFTR) that covers filing
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i season issues and tax lawupdates. The AFTR course must include a knowledge-based comprehension
7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i 7i
7i test administered at the conclusion ofthe course bythe CE Provider.
7i 7i 7i 7i 7 i 7i 7i 7i 7i 7i 7i