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Tax Topic 30 - Ethics of Practice

This topic contains concepts governing the recognition of attorney, certified public accountant, enrolled agents, and other persons representing taxpayers before the IRS. Regulations such as rules relating to the authority to practice before the Internal Revenue Service, the duties and restrictions relating to such practice, prescription of sanctions for violating the regulations, the rules applicable to disciplinary proceedings and the availability of official records. Usually, attorneys, CPAs, enrolled agents, and enrolled actuaries can represent taxpayers before the IRS. Under special circumstances, other individuals, including un-enrolled tax return preparers can assist taxpayers on tax matters. Special forms need to be filed to authorize an individual or certain entities to receive and inspect a taxpayer's confidential tax information. In addition, the following information is great for understanding what ethics is. We need to strive to be as ethical as the following reading material is trying to teach. This material goes into detail on what it is to live a good life. These are good concepts to think about.

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Student Instructions: Complete the following 3 steps:

  1. Read the reading material and answer the questions on this page.

  2. Submit the answers to the Assignment online (the questions on this page). Scroll down for all questions on this page. When you are ready to submit click on the Assignment link. (These questions may appear again on the quiz online).

  3. Complete a quiz on the reading material: Quiz Online. You have 60 minutes to complete 40 questions for this quiz. You must study the reading material. You won't have time to look up questions in the reading material. If you don't pass, you can retry only after 24 hours have passed. - Every time you try the questions will be different. You will be disqualified from completing this topic if you do not  allow the proper 24 hours in between tries. If you are disqualified, you will notified through email of the substitute topic to complete.

Important: If you fail a topic you can try again until you pass. However, you cannot try that same quiz or assignment again until 24 hours later. This will give you enough time to study and review the reading material.

Most forms are in Adobe Acrobat PDF format. Get Adobe ReaderYou will need Adobe Reader to view and print these forms. If you do not already have Adobe Reader installed on your computer, you may download the software for free.

 

Material needed to complete this assignment:

  1. Just What is a Whistleblower?

  2. Basics

    Life as the Moral Standard
    Morality is a Guide to Living
    Reason is Man's Means of Survival
    Values
    Virtue
    Self-Interest
    Harmony of Interests
     

    Specifics

    Self Reliance / Independence
    Productiveness
    Integrity
    Honesty
    Pride
    Justice
    Benevolence
    Rationality
     

    Technicalities

    Metaphysical Justice
    Free Will
    Courage
    Trader Principle

    IRS Publications

    IRS Publication 470

    IRS Circular 230

    IRS Publication 947

    IRS Publication 216

    IRS Form 8275-R Instructions

The above links have the name of the material you are responsible for. Only review page which the links goes to and that corresponds with the title.

1. According to the article, employees generally turn to the government or other outside sources because

A. The violation is substantial.
B. The company has been slow to respond.
C. Both A and B above.
D. Of financial incentives.

2. According to the article, the full 2011 NBES released in January, found that a record 65% of workers who witnessed rules violations in 2011 reported them. But even at that high rate, some 20 million workers stayed silent when learning of misconduct.

True False

3. According to the article, employees report only internally through company channels. The findings include

A. 56% of those who reported misconduct took their reports to someone they know and trust inside the company, such as a direct supervisor.
B. Across almost all demographic groups, only about one in 20 individuals (5%) would be motivated to report outside the company by a monetary reward.
C. Reporting numbers are higher at companies that are showing signs of recovering from the recession than those that are still struggling.
D. All of the above.

4. According to the article, "Employees who have the courage to raise their hand and report wrongdoing form the front line of a culture of compliance".

True False

5. The following is a true statement mentioned in the article.

A. Study shows that reporting rates are smaller at companies with strong ethics programs.
B. The supplemental study said that more of the workers reported wrongdoing if they believe their company rewards ethical conduct.
C. Employees prefer to take the resolution of company violations outside the company.
D. None of the above.

6. The Ethics Resource Center is devoted to independent research and the advancement of high ethical standards and practices in public and private institutions.

True False

7. Ethics is the branch of study dealing with what is the proper course of action for man. It answers the question

A. What do I do?
B. How should I be?
C. Should I follow the law?.
D. All of the above.

8. Ethics is a requirement of human life. It is our means of

A. Pursuing our goals with the possibility of success.
B. Deciding a course of action.
C. Picking between limitless number of goals.
D. Reducing our ability to be successful in our endeavors.

9. A proper foundation of ethics requires

A. That we recognize that our lives are an end in themselves.
B. That sacrifice be necessary and destructive.
C. A standard of value to which all goals and actions can be composed to.
D. That happiness is our ultimate standard of value.

10. For centuries, the battle of morality was fought between those who claimed that your life belongs to God and those who claimed that it belongs to your neighbors. And according to the article,

A. No one came to say that your life belongs to you and that the good in to live it.
B. Everyone came to say that your life belongs to you and that the good is to live it.
C. People study philosophy so they can know how to become leaders in their community.
D. People study philosophy so they can know how to live happily.

11. The following is a true statement regarding practitioners.

A. The practitioner must use reasonable efforts to identify and ascertain the facts, which may relate to future events if a transaction is prospective or proposed, and to determine which facts are relevant.
B. The practitioner can base an opinion on any unreasonable factual assumptions (including assumption as to future events).
C. The practitioner can base an opinion on any unreasonable factual representations, statements or findings or of the taxpayers or any other person.
D. It is reasonable for a practitioner to rely on a projection, financial forecast or appraisal if the practitioner knows or should know that it is incorrect or incomplete or was prepared by a person lacking skills or qualifications.

12. Any practitioner who has principal authority and responsibility for overseeing a firm's practice of providing advice concerning Federal tax issues must take reasonable steps to ensure that the firm has adequate procedures in effect for all members, associates, and employees. Any such practitioner will be subject to discipline for failing to comply with the requirements if

A. The practitioner takes reasonable steps to ensure that the firm has adequate procedures to comply with section 10.35, and individuals who are members of, associated with, or employed by, the firm are, or have engaged in a pattern or practice, in connection with their practice with the firm, fail to comply with such.
B. The practitioner knows or should know that one or more individuals that don't comply with section 10.35 and the practitioner fails to take prompt action to correct the noncompliance.
C. The practitioner does not give written advice as to the conduct of individuals who are not in compliance with section 10.35.
D. None of the above.

13. The Secretary of the Treasury, or delegate, after notice and an opportunity for a proceeding, may censure, suspend, or disbar any practitioner from practice before the Internal Revenue Service if the practitioner

A. Is shown to be incompetent or disreputable.
B. Fails to comply with any regulation under the prohibited conduct standards or with intent to defraud.
C. Willfully and knowingly misleads or threatens a client or prospective client.
D. Any of the above.

14. Incompetence or disreputable conduct for which a practitioner may be sanctioned includes

A. Willfully disclosing or otherwise using a tax return or tax return information in a manner authorized by the Internal Revenue Code.
B. Failing to sign a tax return prepared by the practitioner when the practitioner's signature is not required by the Federal tax laws.
C. Contemptuous conduct in connection with practice before the Internal Revenue Service, including the use of abusive language or making false accusations or statements, knowing them to be false.
D. Giving false or misleading information to the Department of the Treasury or any officer or employee thereof, or to any tribunal authorized to pass upon Federal tax matters, when not knowing the information to be false or misleading.

15. A complaint is not sufficient to just fairly inform the respondent of the charges brought so that the respondent is able to prepare a defense.

True False

16. To maintain active enrollment to practice before the Internal Revenue Service, each individual is required to have the enrollment renewed. The following statement is correct regarding enrollment renewal.

A. If you don't receive notification from the Director of the Office of Professional Responsibility of the renewal requirement it means the individual is not required to renew.
B. The effective date of renewal is the first day of the fourth month following the close of the period for renewal.
C. A minimum of 42 hours of continuing education credit must be completed during each enrollment cycle.
D. A minimum of 10 hours of continuing education credit must be completed during each enrollment year of an enrollment cycle.

17. To qualify for continuing education credit for an enrolled agent, a course of learning must

A. Be a qualifying program designed to enhance professional knowledge in Federal taxation or Federal taxation related matters.
B. Be a qualifying program consistent with the Internal Revenue Code and effective tax administration.
C. Be sponsored by a qualifying tax education sponsor.
D. All of the above.

18. A practitioner may take acknowledgements, administer oaths, certify papers, or perform official acts as a notary public with respect to any matter administered by the Internal Revenue Service.

True False

19. A practitioner shall not represent a client before the Internal Revenue Service if the representation involves a conflict of interest. A conflict of interest exists if

A. There is no significant risk that the representation of one or more clients will be materially limited by the practitioner's responsibility to another client, a former client or a third person, or by a personal interest of the practitioner.
B. The representation of one client will be directly adverse to another client.
C. The representation is prohibited by law.
D. Each affected client waives the conflict of interest and gives informed consent.

20. Tax advisors should provide clients with the highest quality representation concerning Federal tax issues by adhering to best practices in providing advice and in preparing or assisting in the preparation of a submission to the Internal Revenue Service. Best practice includes

A. Advising a client to take a position on a document, affidavit or other paper submitted to the Internal Revenue Service.
B. Advising a client to submit a document, affidavit or other paper to the Internal Revenue Service even if this impedes the administration of the Federal tax laws.
C. Establishing the facts, determining which facts are relevant, evaluating the reasonableness of any assumptions or representations, relating the applicable law to the relevant facts, and arriving at a conclusion supported by the law and the facts.
D. Advising a client to take any steps necessary to avoid the payment of tax at all cost.

If you are answering the questions directly on this page, make sure you print them before you click on "Assignment" in step 2 above. If you don't have a printer, then write the answers down before you proceed.

 

 

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