South Western Federal Taxation Comprehensive 37th Edition Hoffman Maloney Raabe Young Test Bank
South Western Federal Taxation Comprehensive 37th Edition Hoffman Maloney Raabe Young Test Bank
1. Rules of tax law do not include Revenue Rulings and Revenue Procedures.
True False
2. A tax professional need not worry about the relative weight of authority within the various tax law
sources.
True False
3. In recent years, Congress has been relatively successful in simplifying the Internal Revenue Code.
True False
True False
True False
True False
7. Subchapter D refers to the "Corporate Distributions and Adjustments" section of the Internal Revenue
Code.
True False
8. Regulations are generally issued immediately after a statute is enacted.
True False
True False
1
10. Revenue Rulings issued by the National Office of the IRS carry the same legal force and effect as
Regulations.
True False
True False
12. The following citation can be a correct citation: Rev. Rul. 95-271, I.R.B. No. 54, 18.
True False
13. Revenue Procedures deal with the internal management practices and procedures of the IRS.
True False
14. Post-1984 letter rulings may be substantial authority for purposes of the accuracy-related penalty in
§ 6662.
True False
15. A letter ruling applies only to the taxpayer who asks for and obtains a letter ruling.
True False
True False
True False
True False
True False
20. A taxpayer must pay any tax deficiency assessed by the IRS and sue for a refund to bring suit in the U.S.
Court of Federal Claims. Only in the Tax Court can jurisdiction be obtained without first paying the
assessed tax deficiency.
True False
2
21. In a U.S. District Court, a jury can decide both questions of fact and questions of law.
True False
22. Three judges will normally hear each U.S. Tax Court case.
True False
23. A taxpayer can obtain a jury trial in the U.S. Tax Court.
True False
24. A taxpayer must pay any tax deficiency assessed by the IRS and sue for a refund to bring suit in the U.S.
District Court.
True False
True False
True False
27. The Golsen rule has been overturned by the U.S. Supreme Court.
True False
28. The granting of a Writ of Certiorari indicates that at least four members of the Supreme Court believe
that an issue is of sufficient importance to be heard by the full court.
True False
29. The "petitioner" refers to the party against whom a suit is brought.
True False
True False
31. The U.S. Tax Court meets most often in Washington, D.C.
True False
True False
3
33. The following citation is correct: Larry G. Mitchell, 131 T.C. 215 (2008).
True False
34. The IRS issues an acquiescence or nonacquiescence only for regular Tax Court decisions.
True False
35. There is a direct conflict between a Code section adopted in 2008 and a treaty with France (signed in
2012). The Code section controls.
True False
36. The Index to Federal Tax Articles (published by Warren, Gorham, and Lamont) is available in print and
electronic formats.
True False
True False
True False
39. Electronic databases are most frequently searched by the keyword approach.
True False
40. The test for whether a child qualifies for dependency status is first conducted under the qualified child
requirement.
True False
41. A Bluebook opinion is substantial authority for purposes of the accuracy related penalty.
True False
42. The primary purpose of effective tax planning is to reduce or defer the tax in the current tax year.
True False
True False
True False
4
45. The Regulation section of the CPA exam is 60% Taxation and 40% Law & Professional
Responsibilities.
True False
46. The Internal Revenue Code was first codified in what year?
A. 1913.
B. 1923.
C. 1939.
D. 1954.
E. 1986.
47. Tax bills are handled by which committee in the U.S. House of Representatives?
A. Taxation Committee.
B. Ways and Means Committee.
C. Finance Committee.
D. Budget Committee.
E. None of the above.
48. Federal tax legislation generally originates in what body?
A. Income taxes.
B. Estate and gift taxes.
C. Excise taxes.
D. Employment taxes.
E. All of the above.
50. In § 212(1), the number (1) stands for the:
A. Section number.
B. Subsection number.
C. Paragraph designation.
D. Subparagraph designation.
E. None of the above.
5
51. Which of these is not a correct citation to the Internal Revenue Code?
A. Section 211.
B. Section 1222(1).
C. Section 2(a)(1)(A).
D. Section 280B.
E. All of above are correct cites.
52. Which of the following is not an administrative source of tax law?
A. Revenue Ruling.
B. Revenue Procedure.
C. Regulations.
D. Internal Revenue Code section.
E. None of the above.
54. Which of the following types of Regulations has the highest tax validity?
A. Temporary.
B. Legislative.
C. Interpretive.
D. Procedural.
E. None of the above.
55. Which statement is not true with respect to a Regulation that interprets the tax law?
6
57. Which item may not be cited as a precedent?
A. Regulations.
B. Temporary Regulations.
C. Technical Advice Memoranda.
D. U.S. District Court decision.
E. None of the above.
58. What statement is not true with respect to Temporary Regulations?
A. Letter Ruling.
B. Technical Advice Memorandum.
C. Determination Letter.
D. Field Service Advice.
E. None of the above.
60. Which of the following indicates that a decision has precedential value for future cases?
A. Stare decisis.
B. Golsen doctrine.
C. En banc.
D. Reenactment doctrine.
E. None of the above.
61. A taxpayer who loses in a U.S. District Court may appeal directly to the:
7
63. A jury trial is available in the following trial court:
8
69. When searching on an online tax service, which approach is more frequently used?
A. Governmental bodies.
B. Tax academics.
C. Publishers.
D. CPA firms.
E. All of the above.
71. Tax research involves which of the following procedures:
A. taxalmanac.org.
B. irs.gov.
C. taxsites.com.
D. taxanalyst.com.
E. ustaxcourt.gov.
73. Which court decision would probably carry more weight?
A. Procedural Regulations.
B. Finalized Regulations.
C. Legislative Regulations.
D. Interpretive Regulations.
E. All of the above.
9
75. Which items tell taxpayers the IRS's reaction to certain court decisions?
A. Notices.
B. Revenue Procedures.
C. Revenue Rulings.
D. Actions on Decisions.
E. Legislative Regulations.
76. Which court decision carries more weight?
10
80. How can Congressional committee reports be used by a tax researcher?
11
83. What is a Technical Advice Memorandum?
84. Discuss the advantages and disadvantages of the Small Cases Division of the U.S. Tax Court.
85. Distinguish between the jurisdiction of the U.S. Tax Court and a U.S. District Court.
12
86. How do treaties fit within tax sources?
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COMPREHENSIVE VOLUME--CHAPTER 2--WORKING
WITH THE TAX LAW Key
1. Rules of tax law do not include Revenue Rulings and Revenue Procedures.
FALSE
2. A tax professional need not worry about the relative weight of authority within the various tax law
sources.
FALSE
3. In recent years, Congress has been relatively successful in simplifying the Internal Revenue Code.
FALSE
FALSE
FALSE
FALSE
7. Subchapter D refers to the "Corporate Distributions and Adjustments" section of the Internal
Revenue Code.
FALSE
8. Regulations are generally issued immediately after a statute is enacted.
FALSE
FALSE
10. Revenue Rulings issued by the National Office of the IRS carry the same legal force and effect as
Regulations.
FALSE
1
11. A Revenue Ruling is a judicial source of Federal tax law.
FALSE
12. The following citation can be a correct citation: Rev. Rul. 95-271, I.R.B. No. 54, 18.
FALSE
13. Revenue Procedures deal with the internal management practices and procedures of the IRS.
TRUE
14. Post-1984 letter rulings may be substantial authority for purposes of the accuracy-related penalty in
§ 6662.
TRUE
15. A letter ruling applies only to the taxpayer who asks for and obtains a letter ruling.
TRUE
FALSE
TRUE
TRUE
TRUE
20. A taxpayer must pay any tax deficiency assessed by the IRS and sue for a refund to bring suit in the
U.S. Court of Federal Claims. Only in the Tax Court can jurisdiction be obtained without first paying
the assessed tax deficiency.
TRUE
21. In a U.S. District Court, a jury can decide both questions of fact and questions of law.
FALSE
22. Three judges will normally hear each U.S. Tax Court case.
FALSE
2
23. A taxpayer can obtain a jury trial in the U.S. Tax Court.
FALSE
24. A taxpayer must pay any tax deficiency assessed by the IRS and sue for a refund to bring suit in the
U.S. District Court.
TRUE
FALSE
FALSE
27. The Golsen rule has been overturned by the U.S. Supreme Court.
FALSE
28. The granting of a Writ of Certiorari indicates that at least four members of the Supreme Court believe
that an issue is of sufficient importance to be heard by the full court.
TRUE
29. The "petitioner" refers to the party against whom a suit is brought.
FALSE
FALSE
31. The U.S. Tax Court meets most often in Washington, D.C.
FALSE
32. There are 11 geographic U.S. Circuit Court of Appeals.
TRUE
33. The following citation is correct: Larry G. Mitchell, 131 T.C. 215 (2008).
TRUE
34. The IRS issues an acquiescence or nonacquiescence only for regular Tax Court decisions.
FALSE
3
35. There is a direct conflict between a Code section adopted in 2008 and a treaty with France (signed in
2012). The Code section controls.
FALSE
36. The Index to Federal Tax Articles (published by Warren, Gorham, and Lamont) is available in print
and electronic formats.
FALSE
TRUE
FALSE
39. Electronic databases are most frequently searched by the keyword approach.
TRUE
40. The test for whether a child qualifies for dependency status is first conducted under the qualified
child requirement.
TRUE
41. A Bluebook opinion is substantial authority for purposes of the accuracy related penalty.
TRUE
42. The primary purpose of effective tax planning is to reduce or defer the tax in the current tax year.
FALSE
TRUE
FALSE
45. The Regulation section of the CPA exam is 60% Taxation and 40% Law & Professional
Responsibilities.
TRUE
4
46. The Internal Revenue Code was first codified in what year?
A. 1913.
B. 1923.
C. 1939.
D. 1954.
E. 1986.
47. Tax bills are handled by which committee in the U.S. House of Representatives?
A. Taxation Committee.
B. Ways and Means Committee.
C. Finance Committee.
D. Budget Committee.
E. None of the above.
48. Federal tax legislation generally originates in what body?
A. Income taxes.
B. Estate and gift taxes.
C. Excise taxes.
D. Employment taxes.
E. All of the above.
50. In § 212(1), the number (1) stands for the:
A. Section number.
B. Subsection number.
C. Paragraph designation.
D. Subparagraph designation.
E. None of the above.
51. Which of these is not a correct citation to the Internal Revenue Code?
A. Section 211.
B. Section 1222(1).
C. Section 2(a)(1)(A).
D. Section 280B.
E. All of above are correct cites.
5
52. Which of the following is not an administrative source of tax law?
A. Revenue Ruling.
B. Revenue Procedure.
C. Regulations.
D. Internal Revenue Code section.
E. None of the above.
54. Which of the following types of Regulations has the highest tax validity?
A. Temporary.
B. Legislative.
C. Interpretive.
D. Procedural.
E. None of the above.
55. Which statement is not true with respect to a Regulation that interprets the tax law?
A. Regulations.
B. Temporary Regulations.
C. Technical Advice Memoranda.
D. U.S. District Court decision.
E. None of the above.
6
58. What statement is not true with respect to Temporary Regulations?
A. Letter Ruling.
B. Technical Advice Memorandum.
C. Determination Letter.
D. Field Service Advice.
E. None of the above.
60. Which of the following indicates that a decision has precedential value for future cases?
A. Stare decisis.
B. Golsen doctrine.
C. En banc.
D. Reenactment doctrine.
E. None of the above.
61. A taxpayer who loses in a U.S. District Court may appeal directly to the:
7
64. A taxpayer may not appeal a case from which court:
8
70. A researcher can find tax information on home page sites of:
A. Governmental bodies.
B. Tax academics.
C. Publishers.
D. CPA firms.
E. All of the above.
71. Tax research involves which of the following procedures:
A. taxalmanac.org.
B. irs.gov.
C. taxsites.com.
D. taxanalyst.com.
E. ustaxcourt.gov.
73. Which court decision would probably carry more weight?
A. Procedural Regulations.
B. Finalized Regulations.
C. Legislative Regulations.
D. Interpretive Regulations.
E. All of the above.
75. Which items tell taxpayers the IRS's reaction to certain court decisions?
A. Notices.
B. Revenue Procedures.
C. Revenue Rulings.
D. Actions on Decisions.
E. Legislative Regulations.
9
76. Which court decision carries more weight?
Congressional committee reports often explain the provisions of proposed legislation and are a
valuable source of ascertaining the intent of Congress. The intent of Congress is the key to
interpreting new legislation by taxpayers, especially before Regulations are published.
10
81. What are Treasury Department Regulations?
Regulations are issued by the U.S. Treasury Department under authority granted by Congress.
Interpretive by nature, they provide taxpayers with considerable guidance on the meaning and
application of the Code. Regulations may be issued in proposed, temporary, or final form.
Regulations carry considerable authority as the official interpretation of tax statutes. They are an
important factor to consider in complying with the tax law. Courts generally ignore Proposed
Regulations.
Revenue Rulings are official pronouncements of the National Office of the IRS. They typically
provide one or more examples of how the IRS would apply a law to specific fact situations. Like
Regulations, Revenue Rulings are designed to provide interpretation of the tax law. However, they do
not carry the same legal force and effect as Regulations and usually deal with more restricted
problems. Regulations are approved by the Secretary of the Treasury, whereas Revenue Rulings
generally are not.
Revenue Procedures are issued in the same manner as Revenue Rulings, but deal with the internal
management practices and procedures of the IRS. Familiarity with these procedures can increase
taxpayer compliance and help the IRS administer the tax laws more efficiently. A taxpayer's failure
to follow a Revenue Procedure can result in unnecessary delay or, in a discretionary situation, can
cause the IRS to decline to act on behalf of the taxpayer.
The National Office of the IRS releases Technical Advice Memoranda (TAMs) weekly. TAMs
resemble letter rulings in that they give the IRS's determination of an issue. However, they differ in
several respects. Letter rulings deal with proposed transactions and are issued to taxpayers at their
request. In contrast, TAMs deal with completed transactions. Furthermore, TAMs arise from
questions raised by IRS personnel during audits and are issued by the National Office of the IRS to
its field personnel. TAMs are often requested for questions relating to exempt organizations and
employee plans. TAMs are not officially published and may not be cited or used as precedent.
11
84. Discuss the advantages and disadvantages of the Small Cases Division of the U.S. Tax Court.
There is no appeal from the Small Cases Division. The jurisdiction of the Small Cases Division is
limited to cases involving amounts of $50,000 or less. The proceedings of the Small Cases Division
are informal (e.g., no necessity for the taxpayer to be represented by a lawyer or other tax adviser).
Special trial judges rather than Tax Court judges preside over these proceedings. The decisions of the
Small Cases Division are not precedents for any other court decision and are not reviewable by any
higher court. Proceedings can be more timely and less expensive in the Small Cases Division. Some
of these cases can now be found on the U.S. Tax Court Internet Website.
85. Distinguish between the jurisdiction of the U.S. Tax Court and a U.S. District Court.
The U.S. Tax Court hears only tax cases and is the most popular tax forum. The U.S. District Court
hears a wide variety of nontax cases, including drug crimes and other Federal violations, as well as
tax cases. Some Tax Court justices have been appointed from IRS or Treasury Department positions.
For these reasons, some people suggest that the U.S. Tax Court has more expertise in tax matters.
The U.S signs certain tax treaties (sometimes called tax conventions) with foreign countries to render
mutual assistance in tax enforcement and to avoid double taxation. Tax legislation enacted in 1988
provided that neither a tax law nor a tax treaty takes general precedence. Thus, when there is a direct
conflict with the Code and a treaty, the most recent item will take precedence. A taxpayer must
disclose on the tax return any position where a treaty overrides a tax law. There is a $1,000 penalty
per failure to disclose for individuals and a $10,000 per failure penalty for corporations.
12