Solution Manual Federal Tax Research
13th Edition by Roby Sawyers, Steven Gill
Chapters 1 -13
,Page 1-2 SOLUTIONS MANUAL
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.****8880()
Page 4
1-2. The other major categories of tax practice in addition to tax research are as follows:
Tax compliance
Tax planning
Tax litigation
Page 5
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.
, Page 5
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.
Page 6
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.
, Page N1-4 SOLUTIONS
NMANUAL
Page N6
1-7. Tax Nlitigation Nis Nthe Nprocess Nof Nsettling Na Ndispute Nwith Nthe NIRS Nin Na Ncourt Nof Nlaw.
NTypically, Na NtaxNattorney Nhandles Ntax Nlitigation Nthat Nprogresses Nbeyond Nthe Nfinal NIRS
Nappeal.
Page N6
1-8. CPAs Nserve Nis Na Nsupport NcapacityNin Ntax Nlitigation.
Page N6
1-9. Tax Nresearch Nconsists Nof Nthe Nresolution Nof Nunanswered Ntaxation Nquestions. NThe Ntax Nresearch
NprocessNincludes Nthe Nfollowing:
1. Identification Nof Npertinent Nissues;
2. Specification Nof Nproper Nauthorities;
3. Evaluation Nof Nthe NproprietyNof Nauthorities; Nand,
4. Application Nof Nauthorities Nto Na Nspecific Nsituation.
Page N6
1-10. Circular N230 Nis Nissued Nby Nthe NTreasury NDepartment Nand Napplies Nto Nall Nwho Npractice Nbefore
Nthe NIRS.NPage N7
1-11. In Naddition Nto NCircular N230, NCPAs Nmust Nfollow Nthe NAICPA‘s NCode Nof NProfessional
NConduct Nand NStatements Non NStandards Nfor NTax NServices. NCPAs Nmust Nalso Nabide Nby Nthe
Nrules Nof Nthe NappropriateNstate Nboard(s) Nof Naccountancy.
Page N7
1-12. A Nreturn Npreparer Nmust Nobtain N18 Nhours Nof Ncontinuing Neducation Nfrom Nan NIRS-approved NCE
NProvider. NThe Nhours Nmust Ninclude Na N6 Ncredit Nhour NAnnual NFederal NTax NRefresher Ncourse
N(AFTR) Nthat Ncovers Nfiling Nseason Nissues Nand Ntax Nlaw Nupdates. NThe NAFTR Ncourse Nmust
Ninclude Na Nknowledge-Nbased Ncomprehension Ntest Nadministered Nat Nthe Nconclusion Nof Nthe
Ncourse Nby Nthe NCE NProvider.