In a U.S. District Court, a jury can decide

30Q30
In a U.S. District Court, a jury can decide both questions of fact and questions of law.

 

31Q31
A district court must abide by the precedents set by the court of appeals of jurisdiction.

 

32Q32
The Supreme Court must hear all cases appealed from the U.S. Court of Appeals for the Federal Circuit.

33Q33
A cite such as 372 U.S. 39 indicates a memorandum decision of the Court of Federal Claims.

 

34Q34
Generally, neither a tax law nor a tax treaty takes general precedence over the other.

 

35Q35
In a courtroom challenge, the burden of proof is on the IRS to show that a Regulation is right.

36Q36
Letter rulings may not be substantial authority for purposes of the accuracy-related penalty in § 6662.

 

37Q37
The CPA examination is now computer-based with increased emphasis on information technology.

 

38Q38
Which provision could best be justified as a means of controlling the economy?

a. Write-off of research and development expenditures.
b. Accelerated depreciation method for depreciable capital expenditures.
c. Amortization of pollution control facilities.
d. The rehabilitation tax credit.
e. None of the above.

39Q39
Which provision could best be justified as encouraging small business?

a. S corporation election.
b. Percentage depletion.
c. Domestic production activities deduction.
d. Interest deduction on home mortgage.
e. None of the above.

40Q40
Which provision is not justified by social considerations?

a. Refundable earned income credit.
b. Adoption tax credit.
c. Like-kind exchange treatment.
d. Disallowance of illegal kickbacks.
e. None of the above.

41Q41
Which state is a common law property state?

a. Arizona.
b. Louisiana.
c. New Mexico.
d. New York.
e. None of the above.

42Q42
Doug and Heather, related parties, are landlord and tenant as to certain business property. If the IRS questions the amount of rent Heather is paying to Doug, this is an illustration of the:

a. Arm’s length concept.
b. Continuity of interest concept.
c. Tax benefit rule.
d. Substance over form concept.
e. None of the above.

43Q43
Federal tax legislation generally originates in what body?

a. Internal Revenue Service.
b. Senate Finance Committee.
c. House Ways and Means Committee.
d. House Taxation Committee.
e. None of the above.

44Q44
Regulations may first be found in:

a. Federal Register.
b. Cumulative Bulletin.
c. Internal Revenue Bulletin.
d. I.R.S. Digest.
e. All of the above.

45Q45
Which citation is considered to be a legislative citation?

a. Ltr. Rul. 199952058.
b. Ann. 94-5, 1994-2 I.R.B. 39.
c. Reg. § 1.1014-1(c)(1).
d. § 351.
e. None of the above.

46Q46
A technical advice memorandum is issued by:

a. Treasury Department.
b. National Office of the IRS.
c. Office of Chief Council.
d. Area Director.
e. None of the above.

47Q47
Revenue Rulings are published semiannually in the:

a. Cumulative Bulletin.
b. Federal Revenue Bulletin.
c. Internal Revenue Bulletin.
d. I.R.S. Digest.
e. None of the above.

48Q48
Determine the incorrect citation:

a. Ltr. Rul. 20012305.
b. George W. Guill, 112 T.C.__, No. 22 (1999).
c. Ltr. Rul. 200108052.
d. Rev. Rul, 98-32, I.R.B. No. 25, 4.
e. None of the above.

49Q49
Regarding technical advice memoranda, which statement is incorrect?

a. Issued by the National Office of IRS.
b. Most often deal with a completed transaction.
c. May be cited and used as precedent.
d. Issued with multi-digit file numbers.
e. None are incorrect.

50Q50
Which of the following sources has the highest tax validity?

a. Treasury Regulation.
b. Revenue Ruling.
c. Internal Revenue Code.
d. Proposed Regulation.
e. All of the above have same weight.

51Q51

Which of the following is an administrative source of tax law?

 

a. Rev. Proc. 2010-3.
b. Joint Conference Committee Report.
c. Section 12(a) of the Internal Revenue Code.
d. All of the above.
e. None of the above.

52Q52
Which of these citations does notrefer to an administrative release?

a. Notice 90-20, 1980-1 C.B. 328.
b. Ltr. Rul. 9333032 (May 24, 1993).
c. TAM 9510001 (March 6, 1995).
d. T.C. Summary Opinion, 2005-111.
e. All of the above.

53Q53
Which of the following indicates that a decision has precedential value for future cases?

a. Stare decicis.
b. Golsen doctrine.
c. En banc.
d. Reenactment doctrine.
e. None of the above.

54Q54
A taxpayer who loses in a U.S. District Court may appeal directly to the:

a. Supreme Court.
b. U.S. Tax Court.
c. U.S. Court of Federal Claims.
d. U.S. Circuit Court of Appeals.
e. All of the above.

55Q55
Identify the number of the Court(s) of Federal Claims.

a. 1.
b. 3.
c. 16.
d. 19.
e. None of the above is correct.

56Q56
Which trial court hears only tax disputes?

a. U.S. District Court.
b. U.S. Tax Court.
c. U.S. Court of Federal Claims.
d. U.S. Court of Appeals.
e. None of the above.

57Q57
The Golsen doctrine applies to which court?

a. U.S. Tax Court.
b. U.S. District Court.
c. U.S. Court of Federal Claims.
d. U.S. Supreme Court.
e. Some other court.

58Q58
Which state is located in the jurisdiction of the Ninth Circuit of Appeals?

a. Louisiana.
b. California.
c. New York.
d. South Carolina.
e. None of the above.

59Q59
Interpret the following citation: 64-1 USTC ¶ 9618, aff’din 344 F. 2d 966.

a. A U.S. Tax Court Small Cases Division decision that was affirmed on appeal.
b. A U.S. Tax Court decision that was affirmed on appeal.
c. A U.S. District Court decision that was affirmed on appeal.
d. A U.S. Circuit Court of Appeals decision that was affirmed on appeal.
e. None of the above.

60Q60
Which citation refers to a Third Circuit Court of Appeals decision?

a. 40 T.C. 1018.
b. 159 F. 2d 848 (CA-2, 1947).
c. 354 F. Supp. 1003 (D. Ct. Ga, 1972).
d. 914 F. 2d 396 (CA-3, 1990).
e. None of the above.

61Q61
Which citation refers to a U.S. Tax Court decision?

a. Appollo Computer, Inc. v. U.S.,95-1 USTC ¶ 50,015 (Fed. Cl., 1994).
b. Westreco, Inc.,T.C. Memo. 1992-561 (1992).
c. Bausch & Lomb, Inc. v. Comm.,933 F. 2d 1084 (CA-2, 1991).
d. Portland Manufacturing Co. v. Comm., 35 AFTR 2d 1439 (CA-9, 1975).
e. None of the above.

62Q62
If these citations appeared after a trial court decision, which one means that the decision was viewed favorably?

a. Aff’d 633 F. 2d 512 (CA-7, 1980).
b. Rem’d 399 F. 2d 800 (CA-5, 1968).
c. Rev’d 914 F. 2d 396 (CA-3, 1990).
d. Rev’d 935 F. 2d 203 (CA-5, 1991).
e. None of the above.

63Q63
Which trial court has 19 judges?

a. U.S. Tax Court.
b. U.S. Court of Federal Claims.
c. U.S. Supreme Court.
d. U.S. Court of Appeals.
e. None of the above.

64Q64
Which trial court’s jurisdiction depends on the geographical location of the taxpayer?

a. U.S. Tax Court.
b. U.S. District Court.
c. U.S. Court of Federal Claims.
d. Small Cases Division of the Tax Court.
e. None of the above.

65Q65
Which trial court decision is generally less authoritative?

a. U.S. District Court.
b. U.S. Tax Court.
c. U.S. Court of Federal Claims.
d. Small Cases Division of the Tax Court.
e. All of the above are the same.

66Q66
A Memorandum decision of the U.S. Tax Court could be cited as:

a. T.C. Memo. 1990-650.
b. 68-1 USTC ¶ 9200.
c. 37 AFTR 2d 456.
d. All of the above.
e. None of the above.

67Q67
Which court decision is generally more authoritative?

a. A U.S. Tax Court decision.
b. Court of Federal Claims decision.
c. District Court decision.
d. U.S. Court of Appeals decision.
e. U.S. Tax Court Memorandum decision.

68Q68
Which of the following statements about an acquiescence is correct?

a. An acquiescence is issued in the Federal Register.
b. Acquiescences are published only for certain regular decisions of the U.S. Tax Court.
c. An acquiescence is published in the Internal Revenue Bulletin.
d. The IRS does not issue acquiescences to adverse decisions that are not appealed.
e. All of the above are correct.

69Q69
Which is a primary source of tax law?

a. J.W. Yarbo v. Comm., 737 F. 2d 479 (CA-5, 1984).
b. Article by a Federal judge in Yale Law Review.
c. Determination letter.
d. Letter ruling.
e. All of the above are primary sources.