South-western Federal Taxation 2018: Individual Income Taxes
41st Edition
ISBN: 9781337385886
Author: William H. Hoffman, James C. Young, William A. Raabe, David M. Maloney, Annette Nellen
Publisher: Cengage Learning
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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
Pursuant to the Golsen Rule:
a. the Tax Court must follow all Circuit Court of Appeals decisions.
b. the Tax Court must follow decisions of the Court of Appeals for the Circuit in which the taxpayer's appeal may be filed.
c. the Tax Court may adopt its own interpretation of the tax law, if the taxpayer's Circuit Court has not ruled on the matter.
d. Two of the above.
Chapter 2 Solutions
South-western Federal Taxation 2018: Individual Income Taxes
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_forwardYou 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_forward
- In the Eisner v. Macomber tax case, what were the facts of case, court decision, and reasons stated for the decision?arrow_forwardWhen a petition is filed with the Tax Court, the taxpayer is required to pay the deficiency only if he loses, not before. (True/False)arrow_forwardThe concept of reverse onus, as it relates to taxation in Canada, suggests: Select one: O a. We should refrain from exercising tax avoidance O b. We should engage in tax evasion O C. We may have to go through an appeal process, firstly with CRA (Canada Revenue Agency) and possibly through the courts, if we disagree with a reassessment O d. We are not required to comply with a reassessment from CRA because a court ruling will be required firstlyarrow_forward
- Which of the following statements is the most correct regarding The Taxpayer Bill of Rights? a.It states that a taxpayer is responsible for payment of only the correct amount of tax due, no more, no less. b.It explains the examination, appeal, collection, and refund process. c.It directs taxpayers to other IRS publications with more details on specific taxpayer rights. d.All of these statements are correct. e.None of these statements are correct.arrow_forwardA taxpayer with which of the following incomes is eligible to claim the Foreign Tax Credit? 1. Foreign taxable income. 2. Refundable foreign taxable income. 3. U.S. income tax on U.S.-source income. 4. U.S. income tax on foreign-source income imposed on another taxpayer. Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.arrow_forward14. If the taxpayer failed to pay the tax demanded per final assessment, the government may exercise several administrative remedies. Which of the following is not correct? Levy of real property of the taxpayer may be availed of only after distraint of personal property of taxpayer. Either distraint or levy may be pursued simultaneously once the assessment becomes final and demandable. If the tax assessed is P 100 and below, levy or distraint may not be availed of. The remedy of distraint of personal property may be repeated if necessary until the full amount due and all expenses are collected.arrow_forward
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