Federal Tax Research, 12th Edition Page 1-1
Solution Manual Federal Tax Research 12th Edition by Roby Sawyers, Steven Gill
CHAPTER 1
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 interpretation 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 as follows:
• 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 Internal
Revenue Service (IRS) audit.
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1-4. Most of the tax compliance work is performed by commercial tax preparers, enrolled agents
(EAs), attorneys, and certified public accountants (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 EAs, attorneys, and CPAs. The latter groups also
provide tax planning services and represent their clients before the IRS.
An EA 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.
Page 5 and Circular 230
1-5. Tax planning is the process of arranging one‘s financial affairs to minimize any tax liability. Much
of modern tax practice centers around this process, and the resulting outcome is tax avoidance.
There is nothing illegal or immoral in the avoidance of taxation as long as the taxpayer remains
within legal bounds. In contrast, tax evasion constitutes the illegal nonpayment of a tax and cannot
be condoned. Activities of this sort clearly violate existing legal constraints and fall outside of the
domain of the professional tax practitioner.
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1-6. In an open tax planning situation, the transaction is not yet complete; therefore, the tax practitioner
maintains some degree of control over the potential tax liability, and the transaction may be modi-
fied to achieve a more favorable tax treatment. In a closed transaction however, all of the pertinent
actions have been completed, and tax planning activities may be limited to the presentation of the
situation to the government in the most legally advantageous manner possible.
,Federal Tax Research, 12th Edition Page 1-3
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1-7. Tax litigation is the process of settling a dispute with the IRS in a court of law. Typically, a tax
attorney handles tax litigation that progresses beyond the final IRS 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 tax research process
includes the following:
1. Identification of pertinent issues;
2. Specification of proper authorities;
3. Evaluation of the propriety of authorities; and,
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 before the IRS.
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1-11. In addition to Circular 230, CPAs must follow the AICPA‘s Code of Professional Conduct and
Statements on Standards for Tax Services. CPAs must also abide by the 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-approved CE
Provider. The hours must include a 6 credit hour Annual Federal Tax Refresher course (AFTR)
that covers filing season issues and tax law updates. The AFTR course must include a knowledge-
based comprehension test administered at the conclusion of the course by the CE Provider.
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Limited practice rights allow individuals to represent clients whose returns they prepared and
signed, but only before revenue agents, customer service representatives, and similar IRS
employees.
Page 10 and IRS.gov
1-13. False. qOnly qcommunication qwith qthe qIRS qconcerning qa qtaxpayer‘s qrights, qprivileges, qor
qliability qisqincluded. qPractice qbefore qthe qIRS qdoes qnot qinclude qrepresentation qbefore qthe
qTax qCourt.
Page q7
1-14. Section q10.2 qof qSubpart qA qof qCircular q230 qdefines qpractice qbefore qthe qIRS qas qincluding:
matters qconnected qwith qpresentation qto qthe qInternal qRevenue qService qor qany qof
qits qofficersqor qemployees qrelating qto qa qclient‘s qrights, qprivileges, qor qliabilities
qunder qlaws qor qregulations qadministered qby qthe qInternal qRevenue qService. qSuch
qpresentations qinclude qtheqpreparation qand qfiling qof qnecessary qdocuments,
qcorrespondence qwith, qand qcommunications qto qthe qInternal qRevenue qService, qand
qthe qrepresentation qof qa qclient qat qconferences, qhearings, qand qmeetings.
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1-15. To qbecome qan qEA qan qindividual qcan q(1) qpass qa qtest qgiven qby qthe qIRS qor q(2) qwork
qfor q the qIRS qforqfive qyears. q Circular q230, qSubpart qA, q§§ q10.4 qto q10.6.
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1-16. EAs qmust qcomplete q72 qhours qof qcontinuing qeducation qevery qthree qyears q(an qaverage qof
q24 qper qyear,qwith qa qminimum qof q16 qhours qduring qany qyear). qCircular q230, qSubpart qA.
q§ q10.6.
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1-17. True. qAs qa qgeneral qrule, qan qindividual qmust qbe qan qEA, qattorney, qor qCPA qto qrepresent
qa qclient qbeforeqthe qIRS. qThere qare qlimited qsituations qwhere qothers qmay qrepresent qa
qtaxpayer; qhowever, qthis qfact qpattern qis qnot qone qof qthem. qSince qLeigh qdid qnot qsign qthe
qreturn, qshe qcannot qrepresent qthe qtaxpayer, qonly qRose qcan.
