Question
T/F ______ 1. A member may recommend a tax return position reflecting a position that the tax payer knows could exploit the audit selection process
T/F
______ 1. A member may recommend a tax return position
reflecting a position that the tax payer knows
could exploit the audit selection process of a
taxing authority.
SSTS: _________________________________________
______ 2. A member should not recommend a tax return
position unless the member has a good-faith belief that the position has at least a realistic possibility of being sustained administratively or judicially on its merits if challenged.
SSTS: ___________________________________________
______ 3. A member cannot take a different position on a tax matter that has been determined in administrative proceeding or court decision.
SSTS: ___________________________________________
______ 4. A member may give tax advise orally or in writing and the subject matter may range from routine or complex. There is no standard format or guidelines for communicating or documenting advice to the taxpayer.
SSTS: ___________________________________________
______ 5. All tax return prepared by a member should be prepared based on a taxpayers representation of facts, and the taxpayer has the final responsibility for positions taken on the return.
SSTS: ___________________________________________
______ 6. A member does not have to advise the taxpayer regarding potential penalty consequences of such tax return position and the opportunity, if any, to avoid such penalties through disclosure.
SSTS: ___________________________________________
______ 7. A member is not under the obligation to inform a taxpayer of an error in a previously filed return.
SSTS: ___________________________________________
______ 8. Tax advice given to a taxpayer should be considered by the preparer when relevant as to any potential penalty consequences of the return position.
SSTS: ___________________________________________
______ 9. A member has an obligation to communicate with a taxpayer when subsequent developments that affect any advice previously provided with respect to significant matters and assist the taxpayer in implementing procedures or plans associated with the subsequent developments.
SSTS: ___________________________________________
______ 10. A member is required to examine underlying documentation and must keep in his files supporting data furnished by the taxpayer for return information for income and deductions arising from security transactions and from pass-through entities.
SSTS: ___________________________________________
______ 11. A member should make use of a taxpayers returns for one or more prior-years in preparing the current return whenever feasible.
SSTS: ___________________________________________
______ 12. A preparer may use approximations based on professional judgment in preparing a tax return.
SSTS: ___________________________________________
______ 13. Disclosure of estimates is always required on returns that the preparer has used such estimates.
SSTS: ___________________________________________
______ 14. A member should not recommend a different position from a prior years return even though court decisions, rulings or other authorities more favorable to a different position have occurred since the prior returns filing.
SSTS: ___________________________________________
______ 15. If a member is requested to prepare the current years return and the taxpayer has not taken appropriate action to correct an error in a prior years return, the member cannot continue with the engagement.
SSTS: ___________________________________________
______ 16. If a member is representing a taxpayer in an administrative proceeding with respect to a return that contains an error of which the member is aware, the member should request the taxpayers agreement to disclose the error to the taxing authority.
SSTS: ___________________________________________
______ 17. Whether an error has no more than an insignificant effect on the taxpayers liability if left to the professional judgment of the member based on all the facts and circumstances known to the member.
SSTS: ___________________________________________
______ 18. The cumulative effect of an error has not bearing on whether or not an error is insignificant or not.
SSTS: ___________________________________________
______ 19. When preparing a tax return, a member should consider information actually known to the member from the tax return of another taxpayer if the information is relevant to that tax return and its consideration is necessary to properly prepare that tax return.
SSTS: ___________________________________________
______ 20. A member shall make a reasonable effort to obtain from the taxpayer the information necessary to provide appropriate answers to all questions on a tax return before signing as preparer.
SSTS: ___________________________________________
______ 41. In general, a practitioner must, at the request of a client, promptly return any and all records of the client that are necessary for the client to comply with his or her Federal tax obligations unless the client has not paid the reasonable fee for services furnished by the practitioner, state law withstanding.
203: ___________________________________________
______ 42. In all cases, a practitioner must allow the client access to review or copy any records of the client retained by the practitioner to comply with his or her Federal tax obligations.
230: ___________________________________________
______ 43. Disbarment or suspension of practice as an attorney automatically gives authority to the Secretary of the Treasury to suspend, or disbar any practitioner from practice before the Internal Revenue Service.
230: ___________________________________________
______ 44. A practitioner who for compensation prepares or assists with the preparation of all or substantially all of a tax return must have a preparer tax identification number.
230: ___________________________________________
______ 45. Using abusive language with an employee of the Internal Revenue Service is grounds for suspension to practice before the Internal Revenue Service.
230: ___________________________________________
______ 46. Filing a frivolous return is grounds for being penalized by the Internal Revenue Service.
230: ___________________________________________
______ 47. A practitioner may not use or disclose any return information without the consent of the taxpayer in any situation.
230: ___________________________________________
______ 48. A practitioner may advise a client to submit a document, affidavit, or other paper to the IRS if it contains information that demonstrates an intentional disregard of a rule or regulation unless it, in conjunction with other documentation, in good faith, challenges the rule or regulation.
230: ___________________________________________
______ 49. A practitioner must possess the necessary competence to engage in practice before the Internal Revenue Service.
230: ___________________________________________
______ 50. A practitioner may not represent two separate clients if the representation of one will adversely affect the position of the other.
230: ___________________________________________
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