|
Back to Tax School Homepage |
Tax Segment C-5 - Ethics of Practice
This topic contains concepts governing the recognition of attorney, certified public accountant, enrolled agents, and other persons representing taxpayers before the IRS. Regulations such as rules relating to the authority to practice before the Internal Revenue Service, the duties and restrictions relating to such practice, prescription of sanctions for violating the regulations, the rules applicable to disciplinary proceedings and the availability of official records. Usually, attorneys, CPAs, enrolled agents, and enrolled actuaries can represent taxpayers before the IRS. Under special circumstances, other individuals, including unenrolled tax return preparers can assist taxpayers on tax matters. Special forms need to be filed to authorize an individual or certain entities to receive and inspect a taxpayer's confidential tax information.Tax School Homepage Student Instructions: Print this page, work on the questions and then submit test by mailing the answer sheet or by completing quiz online. Instructions to submit quiz online successfully: Step-by-Step check list Answer Sheet Quiz Online
Most forms are in Adobe Acrobat PDF format.
You
will need Adobe Reader to view and print these forms. If you do not
already have Adobe Reader installed on your computer, you may
download the software for free.
Tax Segment C-5 - Ethics of PracticeMaterial needed to complete this assignment:
1. The following is a true statement regarding practitioners. A.
The practitioner must use reasonable efforts to identify and ascertain
the facts, which may relate to future events if a transaction is
prospective or proposed, and to determine which facts are relevant. 2. Any practitioner who has principal authority and responsibility for overseeing a firm's practice of providing advice concerning Federal tax issues must take reasonable steps to ensure that the firm has adequate procedures in effect for all members, associates, and employees. Any such practitioner will be subject to discipline for failing to comply with the requirements if A.
The practitioner takes reasonable steps to ensure that the firm has
adequate procedures to comply with section 10.35, and individuals who
are members of, associated with, or employed by, the firm are, or have
engaged in a pattern or practice, in connection with their practice with
the firm, fail to comply with such. 3. The Secretary of the Treasury, or delegate, after notice and an opportunity for a proceeding, may censure, suspend, or disbar any practitioner from practice before the Internal Revenue Service if the practitioner A.
Is shown to be incompetent or disreputable. 4. Incompetence or disreputable conduct for which a practitioner may be sanctioned includes A.
Willfully disclosing or otherwise using a tax return or tax return
information in a manner authorized by the Internal Revenue Code. 5. A complaint is not sufficient to just fairly inform the respondent of the charges brought so that the respondent is able to prepare a defense. True False 6. To maintain active enrollment to practice before the Internal Revenue Service, each individual is required to have the enrollment renewed. The following statement is correct regarding enrollment renewal. A.
If you don't receive notification from the Director of the Office of
Professional Responsibility of the renewal requirement it means the
individual is not required to renew. 7. To qualify for continuing education credit for an enrolled agent, a course of learning must A.
Be a qualifying program designed to enhance professional knowledge in
Federal taxation or Federal taxation related matters. 8. A practitioner may take acknowledgements, administer oaths, certify papers, or perform official acts as a notary public with respect to any matter administered by the Internal Revenue Service. True False 9. A practitioner shall not represent a client before the Internal Revenue Service if the representation involves a conflict of interest. A conflict of interest exists if A.
There is no significant risk that the representation of one or more
clients will be materially limited by the practitioner's responsibility
to another client, a former client or a third person, or by a personal
interest of the practitioner. 10. Tax advisors should provide clients with the highest quality representation concerning Federal tax issues by adhering to best practices in providing advice and in preparing or assisting in the preparation of a submission to the Internal Revenue Service. Best practice includes A.
Advising a client to take a position on a document, affidavit or other
paper submitted to the Internal Revenue Service. 11. A practitioner must, on a proper and lawful request by a duly authorized officer or employee of the Internal Revenue Service, promptly submit records or information in any matter before the Internal Revenue Service A.
Always. 12. In cases where any part of the understatement of the tax liability is due to a willful attempt by the return preparer to understate the liability, or if the understatement is due to reckless or intentional disregard of the rules or regulations by the tax preparer, the prepare is subject to a
A. $5,000 penalty. 13. A penalty will not be imposed on any part of an underpayment if there was reasonable cause for your position and you acted in good faith in taking that position. However, if you failed to keep proper books and records or failed to substantiate items properly, you
A. Can avoid the penalty by disclosure. 14. The penalty for reckless or intentional disregard of a regulation may be avoided by disclosure only if the position represents a good faith challenge to the validity of the regulation and has a reasonable basis. Generally, the accurate-related penalty of any portion of a tax underpayment attributable to negligence or disregard of rules or regulations is
A. 10%. 15. An understatement is the excess of the amount of tax required to be shown on the return over the amount of tax shown on the return for the tax year, reduced by any rebates. There is an substantial understatement if the amount of the understatement for any year exceeds
A. 10% of the tax required to be shown on the return for the tax year. 16. Any individual engaged in limited practice before the IRS who is involved in disreputable conduct may be
A. Disbarred or suspended, or censured. 17. The following un-enrolled individual can represent the specified taxpayers before the IRS, provided this individual presents satisfactory identification.
A. A family member. 18. In general, individuals who are not eligible or who have lost the privilege as a result of certain actions cannot practice before the IRS. If an individual loses eligibility to practice, his or her power of attorney will be
A. Discarded. 19. As for negotiation of taxpayer refund checks, Practitioners who are income tax return preparers (un-enrolled)
A. Can endorse any refund check issued to the taxpayer. 20. Being convicted of any criminal offense under the revenue laws or of any offense involving dishonesty or breach of trust is
A. Acceptable conduct if offense was committed in a state other than the
one you practice in.
|
Back to Tax School Homepage |