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CHAPTER 1: AN INTRODUCTION TO TAXATION AND UNDERSTANDING THE FEDERAL TAX LAW 1. The ratification of the Sixteenth Amendment to the U.S. Constitution was necessary to validate the Federal income tax ... on corporations. a. True b. False ANSWER: False RATIONALE: The Sixteenth Amendment validated only the tax on individuals. The income tax on corporations had been previously sanctioned by the courts. 2. Before the Sixteenth Amendment to the Constitution was ratified, there was no valid Federal income tax on individuals. a. True b. False ANSWER: False RATIONALE: There existed a Federal income tax during the Civil War that was sanctioned by the U.S. Supreme Court. 3. The first income tax on individuals (after the ratification of the Sixteenth Amendment to the Constitution) levied tax rates from a low of 2% to a high of 6%. a. True b. False ANSWER: True 4. The Federal income tax on individuals generates more revenue than the Federal income tax on corporations. 1 a. True b. False ANSWER: True 5. The payasyougo feature of the Federal income tax on individuals conforms to Adam Smith’s canon of certainty. a. True b. False ANSWER: False RATIONALE: Pay-as-you-go refers to the withholding provisions applicable to wages and other types of income and adds convenience to the tax system. 6. Because the law is complicated, most individual taxpayers are not able to complete their Federal income tax returns without outside assistance. a. True b. False ANSWER: True RATIONALE: Approximately 60% use tax return preparers, while slightly more than 32% purchase tax return software. 7. The FICA tax (Medicare component) on wages is progressive since the tax due increases as wages increase. a. True b. False ANSWER: False RATIONALE: The FICA tax (Medicare component) is proportional because the rate is constant regardless of the wages earned. 2 8. The Federal estate and gift taxes are examples of progressive taxes. a. True b. False ANSWER: True 9. The Federal excise tax on cigarettes is an example of a proportional tax. a. True b. False ANSWER: True RATIONALE: The tax is a flat $1.01 per pack. 10. Currently, the Federal income tax is less progressive than it ever has been in the past. a. True b. False ANSWER: False RATIONALE: Currently, the Federal income tax has six rates. At one time, it had two rates. 11. Mona inherits her mother’s personal residence, which she converts to a furnished rent house. These changes should affect the amount of ad valorem property taxes levied on the properties. a. True b. False ANSWER: True RATIONALE: Conversion from residential to rental use will increase the taxes. Furthermore, Mona’s mother may have had a senior citizen exemption on the property, which will no longer be appropriate. Lastly, the furnishings in the rent house could now be subject to an ad valorem tax on personalty. 3 12. A fixture will be subject to the ad valorem tax on personalty rather than the ad valorem tax on realty. a. True b. False ANSWER: False RATIONALE: By definition, a fixture becomes part of the real estate to which it is attached. 13. Even if property tax rates are not changed, the amount of ad valorem taxes imposed on realty may not remain the same. a. True b. False ANSWER: True RATIONALE: Property taxes will vary in accordance with changes in the assessed value of the property. 14. The ad valorem tax on personal use personalty is more often avoided by taxpayers than the ad valorem tax on business use personalty. a. True b. False ANSWER: True 15. A Federal excise tax is no longer imposed on admission to theaters. a. True b. False ANSWER: True RATIONALE: Such tax has been rescinded. 16. There is a Federal excise tax on hotel occupancy. 4 a. True b. False ANSWER: False 17. The Federal gas-guzzler tax applies only to automobiles manufactured overseas and imported into the U.S. a. True b. False ANSWER: False RATIONALE: No such restriction is imposed. Although many of the European luxury and sports car manufacturers were initially hit hard by the tax, the law is silent on this matter. 18. Like the Federal counterpart, the amount of the state excise taxes on gasoline varies from state to state. a. True b. False ANSWER: False RATIONALE: The Federal excise tax rate on gasoline remains constant. 19. Not all of the states that impose a general sales tax also have a use tax. a. True b. False ANSWER: False RATIONALE: Every state that has a general sales tax also has a use tax. There are no states with only a sales or use tax. 20. Sales made by mail order are not exempt from the application of a general sales (or use) tax. a. True 5 b. False ANSWER: True RATIONALE: They are not exempt but compliance is sporadic. 21. Two persons who live in the same state but in different counties may not be subject to the same general sales tax rate. a. True b. False ANSWER: True RATIONALE: This possibility could exist if local jurisdictions exact additional sales taxes. 22. States impose either a state income tax or a general sales tax, but not both types of taxes. a. True b. False ANSWER: False RATIONALE: Many states impose both. 23. A safe and easy way for a taxpayer to avoid local and state sales taxes is to make the purchase in a state that levies no such taxes. a. True b. False ANSWER: False RATIONALE: A review of the Example 5 discussion shows that this may not always be successful. 24. On transfers by death, the Federal government relies on an estate tax, while states impose an estate tax, an inheritance tax, both taxes, or neither tax. 6 a. True b. False ANSWER: True RATIONALE: The Federal government relies on an estate tax while states impose an estate tax, an inheritance tax, both taxes, or neither tax. 25. An inheritance tax is a tax on a decedent’s right to pass property at death. a. True b. False ANSWER: False RATIONALE: What is described is an estate tax. An inheritance tax is a tax on an heir’s right to receive property from a decedent. 26. One of the major reasons for the enactment of the Federal estate tax was to prevent large amounts of wealth from being accumulated within the family unit. a. True b. False ANSWER: True 27. Under Clint’s will, all of his property passes to either the Lutheran Church or to his wife. No Federal estate tax will be due on Clint’s death in 2014. a. True b. False ANSWER: True RATIONALE: A combination of the charitable and marital deductions will eliminate Clint’s taxable estate. 7 28. Under the usual state inheritance tax, two heirs, a cousin and a son of the deceased, would not be taxed at the same rate. a. True b. False ANSWER: True RATIONALE: The more closely related the heir is to the decedent, the larger the exemption allowed and/or the lower the tax rate imposed. 29. The annual exclusion, currently $14,000, is available for gift and estate tax purposes. a. True b. False ANSWER: False RATIONALE: The annual exclusion is not available for estate tax purposes. 30. In 2014, José, a widower, sells land (fair market value of $100,000) to his daughter, Linda, for $50,000. José has not made a taxable gift. a. True b. False ANSWER: False RATIONALE: $100,000 (value of land) – $50,000 (consideration received) – $14,000 (per donee annual exclusion) = $36,000 (taxable gift). 31. Julius, a married taxpayer, makes gifts to each of his six children. A maximum of twelve annual exclusions could be allowed as to these gifts. a. True b. False ANSWER: True 8 RATIONALE: If Julius can obtain the consent of his wife to make the election to split the gifts, twelve per donee annual exclusions are available. 32. One of the motivations for making a gift is to save on income taxes. a. True b. False ANSWER: True RATIONALE: This presumes that income-producing property is involved and that the donee is in a lower tax bracket than the donor. 33. The formula for the Federal income tax on corporations is the same as that applicable to individuals. a. True b. False ANSWER: False RATIONALE: For example, an AGI determination is required only for individual taxpayers. 34. A state income tax can be imposed on nonresident taxpayers who earn income within the state on an itinerant basis. a. True b. False ANSWER: True RATIONALE: Highlypaid taxpayers (e.g., entertainers, athletes) are often subject to a state’s income tax. The socalled “jock tax” has been criticized since it singles out highlypaid and well known personalities and is not imposed on the average business traveler. 35. For state income tax purposes, a majority of states allow a deduction for Federal income taxes. a. True b. False 9 ANSWER: False RATIONALE: Only a minority allow the deduction. 36. Some states use their state income tax return as a means of collecting unpaid sales and use taxes. a. True b. False ANSWER: True RATIONALE: Often a table is provided that suggests an amount to be used. 37. No state has offered an income tax amnesty program more than once. a. True b. False ANSWER: False RATIONALE: One state has had at least four. 38. For Federal income tax purposes, there never has been a general amnesty period. a. True b. False ANSWER: True RATIONALE: Limited amnesty has been made available as to various tax penalties in certain tax shelter situations. 39. Under state amnesty programs, all delinquent and unpaid income taxes are forgiven. a. True b. False 10 ANSWER: False RATIONALE: The taxes and interest are not forgiven. Only the penalties are forgiven. 40. When a state decouples from a Federal tax provision, it means that this provision will not apply for state income tax purposes. a. True b. False ANSWER: True RATIONALE: In view of tight state finances, decoupling from various Federal tax cuts has become quite common. 41. The principal objective of the FUTA tax is to provide some measure of retirement security. a. True b. False ANSWER: False RATIONALE: This is the objective of the FICA tax. 42. Currently, the tax base for the Social Security component of the FICA is not limited to a dollar amount. a. True b. False ANSWER: False RATIONALE: There is no dollar amount limitation on the Medicare component of FICA. 43. A parent employs his twin daughters, age 17, in his sole proprietorship. The daughters are not subject to FICA coverage. a. True 11 b. False ANSWER: True RATIONALE: An exemption exists for taxpayer’s children who are under age 18. 44. Unlike FICA, FUTA requires that employers comply with state as well as Federal rules. a. True b. False ANSWER: True RATIONALE: This is a major difference between FICA and FUTA. 45. A major advantage of a flat tax type of income tax is its simplicity. a. True b. False ANSWER: True 46. The value added tax (VAT) has not had wide acceptance in the international community. a. True b. False ANSWER: False RATIONALE: Its use in 100 countries seems to represent “wide acceptance.” 47. If more IRS audits are producing a greater number of no change results, this indicates increased compliance on the part of taxpayers. a. True b. False 12 ANSWER: False RATIONALE: It indicates that the IRS is not always choosing the right returns to audit (i.e., those that contain errors). 48. The amount of a taxpayer’s itemized deductions will increase the chance of being audited by the IRS. a. True b. False ANSWER: True RATIONALE: If the taxpayer has itemized deductions that are unusually large, the chances of being selected for audit increase. 49. In an office audit, the audit by the IRS takes place at the office of the taxpayer. a. True b. False ANSWER: False RATIONALE: What is described is a field audit. An office audit takes place at the office of the IRS. 50. The IRS agent auditing the return will issue an RAR even if the taxpayer owes no additional taxes. a. True b. False ANSWER: True RATIONALE: An RAR can result in no change, a deficiency, or a refund. 51. If a “special agent” becomes involved in the audit of a return, this indicates that the IRS suspects that fraud is involved. a. True 13 b. False ANSWER: True 52. If a taxpayer files early (i.e., before the due date of the return), the statute of limitations on assessments begins on the date the return is filed. a. True b. False ANSWER: False RATIONALE: If begins on the due date of the return. 53. For omissions from gross income in excess of 25% of that reported, there is no statute of limitations on additional income tax assessments by the IRS. a. True b. False ANSWER: False RATIONALE: Unless fraud is involved, the statute of limitations in this case is six years. 54. If an income tax return is not filed by a taxpayer, there is no statute of limitations on assessments of tax by the IRS. a. True b. False ANSWER: True 55. If fraud is involved, there is no time limit on the assessment of a deficiency by the IRS. a. True b. False 14 ANSWER: True 56. The IRS is required to redetermine the interest rate on underpayments and overpayments once a year. a. True b. False ANSWER: False RATIONALE: Interest rates are determined quarterly by the IRS. 57. A calendar year taxpayer files his 2013 Federal income tax return on March 5, 2014. The return reflects an overpayment of $6,000, and the taxpayer requests a refund of this amount. The refund is paid on May 16, 2014. The refund need not include interest. a. True b. False ANSWER: True RATIONALE: Because 45 days have not gone by since the due date of the return, interest need not be paid on the refund. 58. For individual taxpayers, the interest rate for income tax refunds (overpayments) is the same as that applicable to assessments (underpayments). a. True b. False ANSWER: True RATIONALE: There exists no difference in the applicable interest rates for individual taxpayers. 59. During any month in which both the failure to file penalty and the failure to pay penalty apply, the failure to file penalty is increased by the amount of the failure to pay penalty. a. True 15 b. False ANSWER: False RATIONALE: The failure to file penalty is reduced by the amount of the failure to pay penalty. 60. When interest is charged on a deficiency, any part of a month counts as a full month. a. True b. False ANSWER: False RATIONALE: Interest accrues daily. 61. For the negligence penalty to apply, the underpayment must be caused by intentional disregard of rules and regulations without intent to defraud. a. True b. False ANSWER: True RATIONALE: In the negligence penalty situation, there is no intent to defraud requirement. 62. Upon audit by the IRS, Faith is assessed a deficiency of $40,000 of which $25,000 is attributable to negligence. The 20% negligence penalty will apply to $25,000. a. True b. False ANSWER: True RATIONALE: The negligence penalty applies only to $25,000. 63. If the tax deficiency is attributable to fraud, the negligence penalty will not be imposed. a. True 16 b. False ANSWER: True 64. The civil fraud penalty can entail large fines and possible incarceration. a. True b. False ANSWER: False RATIONALE: What is described is criminal fraud. Civil fraud involves a monetary penalty of 75% of the deficiency attributable to fraud. 65. Even though a client refuses to correct an error on a past return, it may be possible for a practitioner to continue to prepare returns for the client. a. True b. False ANSWER: True RATIONALE: However, if the error is material and carries over to the current year, the preparer should consider withdrawing from the engagement. 66. In preparing an income tax return, the use of a client’s estimates is not permitted. a. True b. False ANSWER: False RATIONALE: Estimates are allowed if reasonable and not given the appearance of greater accuracy than is the case. 67. In preparing a tax return, all questions on the return must be answered. 17 a. True b. False ANSWER: False RATIONALE: The question need not be answered if the information requested is not readily available, the answer is voluminous, or the question’s meaning is uncertain. 68. A CPA firm in California sends many of its less complex tax returns to be prepared by a group of accountants in India. If certain procedures are followed, this outsourcing of tax return preparation is proper. a. True b. False ANSWER: True RATIONALE: Confidentiality must be secured; accuracy verified; and clients advised of the procedure. 69. The objective of pay-as-you-go (paygo) is to achieve revenue neutrality. a. True b. False ANSWER: True 70. When Congress enacts a tax cut that is phased in over a period of years, revenue neutrality is achieved. a. True b. False ANSWER: False RATIONALE: No tax cut is revenue neutral unless accompanied by a revenue offset. A phase-in merely postpones some of the revenue loss caused by the tax cut. 71. A tax cut enacted by Congress that contains a sunset provision will make the tax cut temporary. 18 a. True b. False ANSWER: True RATIONALE: The sunset provision rescinds the change and reinstates former law. 72. The tax law provides various tax credits, deductions, and exclusions that are designed to encourage taxpayers to obtain additional education. These provisions can be justified on both economic and equity grounds. a. True b. False ANSWER: False RATIONALE: The justification is social and economic. 73. Various tax provisions encourage the creation of certain types of retirement plans. Such provisions can be justified on both economic and social grounds. a. True b. False ANSWER: True RATIONALE: Economic and social grounds. The economic justification is attributable to the savings that result. In terms of social justification, private retirement plans supplement the meager benefits provided by Social Security and, thereby, circumvent the need for public assistance. 74. To lessen, or eliminate, the effect of multiple taxation, a taxpayer who is subject to both foreign and U.S. income taxes on the same income is allowed either a deduction or a credit for the foreign tax paid. a. True b. False ANSWER: True 19 75. To mitigate the effect of the annual accounting period concept, the tax law permits the carryforward to other years of the excess charitable contributions of a particular year. a. True b. False ANSWER: True RATIONALE: This is also the case with excess capital losses. 76. Jason’s business warehouse is destroyed by fire. As the insurance proceeds exceed the basis of the property, a gain results. If Jason shortly reinvests the proceeds in a new warehouse, no gain is recognized due to the application of the wherewithal to pay concept. a. True b. False ANSWER: True 77. As it is consistent with the wherewithal to pay concept, the tax law requires a seller to recognize gain in the year the installment sale occurs. a. True b. False ANSWER: False RATIONALE: The seller is taxed in the years the installment payments are received. 78. Stealth taxes have the effect of generating additional taxes from all taxpayers. a. True b. False ANSWER: False 20 RATIONALE: Stealth taxes phase out (or eliminate) certain tax benefits from higher income taxpayers. 79. A provision in the law that compels accrual basis taxpayers to pay a tax on prepaid income in the year received and not when earned is consistent with generally accepted accounting principles. a. True b. False ANSWER: False RATIONALE: It is inconsistent with accounting rules, although it can be justified for tax purposes under the wherewithal to pay concept. 80. As a matter of administrative convenience, the IRS would prefer to have Congress decrease (rather than increase) the amount of the standard deduction allowed to individual taxpayers. a. True b. False ANSWER: False RATIONALE: Just the opposite is the case. 81. In cases of doubt, courts have held that t [Show More]

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