An Introduction to Tax Practice and Ethics – Chapter 1 Overview and Study Material

Federal Tax Research, 11th Edition Page 1-1




CHAPTER 1
AN INTRODUCTION TO TAX PRACTICE AND ETHICS


DISCUSSION QUESTIONS

1-1. In the United States, the tax system is an outgrowth of the following five disciplines: law,
accounting, economics, political science, and sociology. The environment for the tax
system is provided by the principles of economics, sociology, and political science, while
the legal and accounting fields are responsible for the system's interpretation and
application.

Each of these disciplines affects this country's tax system in a unique way. Economists
address such issues as how proposed tax legislation will affect the rate of inflation or
economic growth. Measurement of the social equity of a tax, and determining whether a
tax system discriminates against certain taxpayers, are issues that are examined by
sociologists and political scientists. Finally, attorneys are responsible for the inter-
pretation of the taxation statutes, and accountants ensure that these same statutes are
applied consistently.

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1-2. The other major categories of tax practice in addition to tax research are:

 tax compliance
 tax planning
 tax litigation

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1-3. Tax compliance consists of gathering pertinent information, evaluating and classifying
that information, and filing any necessary tax returns. Compliance also includes other
functions necessary to satisfy governmental requirements, such as representing a client
during an IRS audit.

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1-4. Most of the tax compliance work is performed by commercial tax preparers, enrolled
agents, attorneys, and CPAs. Noncomplex individual, partnership, and corporate tax
returns often are completed by commercial tax preparers. The preparation of more
complex returns usually is performed by enrolled agents, attorneys, and CPAs. The latter
groups also provide tax planning services and represent their clients before the IRS.

An enrolled agent is one who is admitted to practice before the IRS by passing a special
IRS-administered examination, or who has worked for the IRS for five years, and is
issued a permit to represent clients before the IRS. CPAs and attorneys are not required to
take this examination and are automatically admitted to practice before the IRS if they are
in good standing with the appropriate professional licensing board.

,Federal Tax Research, 11th Edition Page 1-2



Page 5 and Circular 230




1-5. Tax planning is the process of arranging one's financial affairs to minimize any tax
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liability. Much of modern tax practice centers around this process, and the resulting
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outcome is tax avoidance. There is nothing illegal or immoral in the avoidance of
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taxa- tion, as long as the taxpayer remains within legal bounds. In contrast, tax
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evasion constitutes the illegal nonpayment of a tax and cannot be condoned. Activities
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of this sort clearly violate existing legal constraints and fall outside of the domain of
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the professional tax practitioner.
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1-6. In an open tax planning situation, the transaction is not yet complete, therefore, the
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mtax practitioner maintains some degree of control over the potential tax liability, and
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mthe transaction may be modified to achieve a more favorable tax treatment. In a
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mclosed transaction however, all of the pertinent actions have been completed, and tax
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mplanning activities may be limited to the presentation of the situation to the
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mgovernment in the most legally advantageous manner possible.
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1-7. Tax litigation is the process of settling a dispute with the IRS in a court of law.
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Typically, a tax attorney handles tax litigation that progresses beyond the final IRS
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appeal.
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1-8. CPAs serve is a support capacity in tax litigation.
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1-9. Tax research consists of the resolution of unanswered taxation questions. The
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tax research process includes the following:
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1. Identification of pertinent issues; m m m



2. Specification of proper authorities; m m m



3. Evaluation of the propriety of authorities; and,
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4. Application of authorities to a specific situation.
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1-10. Circular 230 is issued by the Treasury Department and applies to all who practice
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before the IRS.
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,Federal Tax Research, 11th Edition Page 1-3



1-11. In addition to Circular 230, CPAs must follow the AICPA's Code of Professional
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mConduct and Statements on Standards for Tax Services. CPAs must also abide by
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mthe rules of the appropriate state board(s) of accountancy.
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1-12. A return preparer must obtain 18 hours of continuing education from an IRS-
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approved CE Provider. The hours must include a 6 credit hour Annual Federal Tax
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Refresher course (AFTR) that covers filing season issues and tax law updates. The
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AFTR course must include a knowledge-based comprehension test administered at
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the conclusion of the course by the CE Provider.
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Limited practice rights allow individuals to represent clients whose returns they
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prepared and signed, but only before revenue agents, customer service representatives,
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and similar IRS employees.
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Page 10 and IRS.gov m m m




1-13. False. Only communication with the IRS concerning a taxpayer's rights, privileges,
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or liability is included. Practice before the IRS does not include representation
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before the Tax Court.
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1-14. Section 10.2 of Subpart A of Circular 230 defines practice before the IRS as including:
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matters connected with presentation to the Internal Revenue Service or any of
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its officers or employees relating to a client's rights, privileges, or liabilities
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under laws or regulations administered by the Internal Revenue Service. Such
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presentations include the preparation and filing of necessary documents,
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correspondence with, and communications to the Internal Revenue Service,
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and the representation of a client at conferences, hearings, and meetings.
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1-15. To become an Enrolled Agent an individual can (1) pass a test given by the IRS or
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(2) work for the IRS for five years. Circular 230, Subpart A, Secs. 10.4 to 10.6.
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1-16. Enrolled Agents must complete 72 hours of Continuing Education every three years
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(an average of 24 per year, with a minimum of 16 hours during any year.). Circular
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230, Subpart A. §10.6.
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1-17. True. As a general rule, an individual must be an enrolled agent, attorney, or CPA to
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represent a client before the IRS. There are limited situations where others may
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represent a taxpayer; however, this fact pattern is not one of them. Since Leigh did
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not sign the return, she cannot represent the taxpayer, only Rose can.
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, Federal Tax Research, 11th Edition Page 1-4




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1-18. The names of organizations that can be represented by regular full-time employees are
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found in Circular 230, §10.7(c). A regular full-time employee can represent the
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employer (individual employer). A regular full-time employee of a partnership may
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represent the partnership. Also, a regular full-time employee of a trust, receivership,
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guardianship, or estate may represent the trust, receivership, guardianship, or estate.
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Furthermore, a regular full-time employee of a governmental unit, agency, or
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authority may represent the governmental unit, agency, or authority in the course of
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his or her official duties.
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1-19. Yes. Circular 230, Subpart A, Sec. 10.7.
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1-20. True. A practitioner may be suspended or disbarred from practice before the IRS if he
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or she knowingly helps a suspended or disbarred person practice indirectly before
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the IRS.
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1-21. A practitioner may not advise a client to take a position on a document, affidavit, or
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other paper submitted to the Internal Revenue Service unless the position is not
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frivolous.
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Circular 230 §10.34(b) m m




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1-22. Under Circular 230, an attorney, certified public accountant (CPA), or enrolled agent
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may use mass media (e.g., T.V. and the Internet) for advertising purposes. Such
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media may not contain false, fraudulent, unduly influencing, coercive, or unfair
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statements or claims. Attorneys, CPAs, and enrolled agents must also observe any
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applicable standards of ethical conduct adopted by the American Bar Association
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(ABA), the American Institute of Certified Public Accountants (AICPA), and the
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National Association of Enrolled Agents (NAEA). Additional standards and listing of
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items that may be included in mass media advertising are defined under Section
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10.30 of Subpart B in Circular 230.
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1-23. Under Section 10.25 of Circular 230, partners of government employees cannot
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represent anyone for which the government employee-partner has (or has had) official
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responsibility. For instance, a CPA firm with an IRS agent could not represent any
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taxpayer that is (or was in the past) assigned to the IRS agent-partner.
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1-24. Under Section 10.21 of Circular 230, each attorney, CPA, enrolled agent, or enrolled
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actuary who knows that the client has not complied with the revenue laws of the
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United States or has made an error in or omission from any return, document,
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affidavit, or other
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