South-Western Federal Taxation 2019: Individual Income Taxes (Intuit ProConnect Tax Online 2017 & RIA Checkpoint 1 term (6 months) Printed Access Card)
42nd Edition
ISBN: 9781337702546
Author: James C. Young, William H. Hoffman, William A. Raabe, David M. Maloney, Annette Nellen
Publisher: Cengage Learning
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Question
Chapter 2, Problem 17DQ
To determine
Explain the appeal procedure under the given assumptions.
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The following is true of a Circuit of Appeals:
a. The taxpayer who originated his claim in a US District Court may be appeal decision to any Circuit Court of Appeals the taxpayer chooses
b. The Court of Appeals may affirm the lower court decision, reverse the decision or retry the facts on appeal.
c. The Circuit Courts of Appeal follow stare decisis and are bound by their previous decisions, but they are not required to follow the decisions of other Circuits
d. All of the above.
If you wish to contest a tax deficiency, but pay the tax and file a claim and that
claim is denied and now you file suit, you must file your petition in:
a. US Court of Appeals
b. US Supreme Court
c. 14th judicial district court (Calcasieu Parish)
d. US Tax Court
e. US District Court
The tax court is hearing a case for a taxpayer living in Pennsylvania. The 1st and 3rd Circuit Courts of Appeals have previously ruled in other cases involving the issue in the taxpayer's favor. Alternatively, the 2nd, 4th, 5th, 6th, 7th, and 9th have all ruled in the IRS's favor on this tax issue. How would you expect the tax court to decide this case?
Chapter 2 Solutions
South-Western Federal Taxation 2019: Individual Income Taxes (Intuit ProConnect Tax Online 2017 & RIA Checkpoint 1 term (6 months) Printed Access Card)
Ch. 2 - Prob. 1DQCh. 2 - Why do taxpayers often have more than one...Ch. 2 - Prob. 3DQCh. 2 - Prob. 4DQCh. 2 - Prob. 5DQCh. 2 - Prob. 6DQCh. 2 - Rank the following items from the lowest to...Ch. 2 - Prob. 8DQCh. 2 - Prob. 9DQCh. 2 - Prob. 10DQ
Ch. 2 - Prob. 11DQCh. 2 - Prob. 12DQCh. 2 - Prob. 13DQCh. 2 - Prob. 14DQCh. 2 - Prob. 15DQCh. 2 - Prob. 16DQCh. 2 - Prob. 17DQCh. 2 - Prob. 18DQCh. 2 - Prob. 19DQCh. 2 - Prob. 20DQCh. 2 - Prob. 21DQCh. 2 - Prob. 22DQCh. 2 - Prob. 23DQCh. 2 - Prob. 24DQCh. 2 - Prob. 25DQCh. 2 - Prob. 26DQCh. 2 - Prob. 27DQCh. 2 - Prob. 28DQCh. 2 - Prob. 29DQCh. 2 - Prob. 30DQCh. 2 - Prob. 31DQCh. 2 - For her tax class, Yvonne must prepare a research...Ch. 2 - Prob. 33DQCh. 2 - Prob. 34DQCh. 2 - Prob. 35DQCh. 2 - Prob. 36DQCh. 2 - Prob. 37PCh. 2 - Prob. 38PCh. 2 - Prob. 39PCh. 2 - Prob. 40PCh. 2 - Prob. 41PCh. 2 - Using the legend provided, classify each of the...Ch. 2 - Prob. 43PCh. 2 - Prob. 1RPCh. 2 - Prob. 2RPCh. 2 - When Oprah gave away Pontiac G6 sedans to her TV...Ch. 2 - Prob. 4RPCh. 2 - (1) Go to taxalmanac.org, and use the website to...
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Similar questions
- If a U.S. Tax Court agrees with the taxpayer on appeal that the IRS position was largely unjustified, which of the following is correct? The taxpayer must still pay administrative and litigation costs. The taxpayer may recover administrative but not litigation costs. The taxpayer may recover litigation but not administrative costs. To be eligible to recover some of the administrative and litigation costs, the taxpayer must have tried to resolve the case administratively, including going through the appeals process, and must have given the IRS the information necessary to resolve the case. None of the above.arrow_forwardA taxpayer gives the following reasons in refusing to pay a tax. Which of these reasons is not acceptable for legally refusing to pay the tax? That he has been deprived of due process of law. That the prescriptive period for the tax has elapsed. That he derives no benefit from the tax. That there is lack of territorial jurisdiction.arrow_forwardThe following reasons may be given by a taxpayer in refusing to pay his tax liability. Which is not acceptable for legally refusing to pay the tax? o That he will derived no benefit from the tax. o That he has been deprived of due process of law o That the prescription period for the collection of tax has lapsed. o That there is lack of territorial jurisdiction (And please explain the reason why, thank you)arrow_forward
- Does the IRS acquiesce in decisions of U.S. district courts? C O A. Yes. However, the IRS can only acquiesce in a federal court decision that is adverse to the IRS if they feel the taxpayer is defrauding their tax liability. O B. Yes. The IRS can acquiesce in any federal court decision that is adverse to the IRS if the IRS decides to do so. O C. Yes. The IRS can acquiesce in any federal court decision that is adverse to the IRS if the opinions of the IRS commissioner is not taken into account. O D. No. The IRS has no grounds to acquiesce in any federal court decision. They can only acquiesce in regular Tax court decisions.arrow_forward3.(T/F) When a petition is filed with the Tax Court, the taxpayer is required to pay the deficiency only if he loses, not before. 5. (T/F) Once the Supreme Court makes a decision, all circuit courts are required to follow this precedent, as long as the statute is current.arrow_forwardThe IRS does not have the authority to: a.Summon taxpayers to make them appear before the IRS. b.Summon third parties for taxpayer records. c.Examine a taxpayer's books and records. d.Place a lien on taxpayer property. e.The IRS has the authority to do all these.arrow_forward
- You are assisting a client with a transaction that produces a most favorable tax result. The client told you the outcome is dependent on one court case. What should you do? a. Nothing. Your due diligence obligations allow you to rely in good faith on information furnished to you by the client; you are permitted to rely on the client's judgment. 6. Check with the client's auditor to ensure the numbers are valid; then you can recalculate intended tax benefits. c. Help the client by getting a head start on the tax return presentation of the transaction; the better the presentation, the less likely it will be audited by the IRS. d. Analyze the case to make sure the holding has not been reversed, the client's facts are similar to those described in the case, and the law cited in the case is still valid.arrow_forwardIn the Eisner v. Macomber tax case, what were the facts of case, court decision, and reasons stated for the decision?arrow_forward
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