Identify Taxpayer Rights And Remedies - CPA Reg

1. Under Section 7811, what is the National Taxpayer Advocate's jurisdiction?
   Answer: The National Taxpayer Advocate assists taxpayers experiencing significant hardship from IRS actions, issues Taxpayer Assistance Orders, and annually reports to Congress on the most serious problems taxpayers face. Under Section 7811, the National Taxpayer Advocate (NTA) is authorized to: (1) assist taxpayers experiencing significant hardship resulting from IRS actions; (2) issue Taxpayer Assistance Orders (TAOs) requiring the IRS to take or cease specific actions; and (3) submit annual reports to Congress identifying the most serious problems taxpayers face and recommending legislative and administrative changes. The NTA operates independently within the IRS but reports to Congress directly. Answer A is incorrect because criminal investigations are handled by IRS Criminal Investigation (CI). Answer B is incorrect because the NTA does not set tax rates. Answer D is incorrect because the NTA does not review all IRS audit determinations.
2. Under Section 7433, a taxpayer may sue the United States for civil damages when an IRS employee negligently or recklessly disregards tax laws in collecting a tax. What is the maximum damages award under Section 7433?
   Answer: $100,000 for negligent actions; $1 million for reckless or intentional actions. Under Section 7433, a taxpayer may sue the United States for civil damages when an IRS employee negligently disregards applicable law or regulations in collecting a tax. The maximum damages are $100,000 for negligent violations and $1 million for reckless or intentional violations. The taxpayer must exhaust administrative remedies before filing suit. Answer A is incomplete because it omits the $1 million cap for reckless/intentional violations. Answer B is incorrect because it does not distinguish between negligent and reckless/intentional acts. Answer D is incorrect because the statute imposes caps on damages.
3. Under Section 6502, what is the general statute of limitations for the IRS to collect a tax after it has been assessed?
   Answer: 10 years from the date of assessment. Under Section 6502(a), the IRS generally has 10 years from the date of assessment to collect a tax by levy or court proceeding. After the 10-year collection period expires, the tax debt is generally time-barred for collection. Certain events can toll or extend the collection period, such as an installment agreement, an offer in compromise, a bankruptcy filing, or the taxpayer's absence from the country. Answer B (3 years) is the assessment limitations period. Answer C (6 years) is the substantial omission assessment period. Answer D is incorrect because there is a 10-year collection limitation.
4. Under Section 6694(a), the preparer penalty for understatement due to an unreasonable position is what amount?
   Answer: The greater of $1,000 or 50% of the income derived (or to be derived) by the tax return preparer from the preparation of the return. Under Section 6694(a), the penalty for an understatement due to an unreasonable position is the greater of $1,000 or 50% of the income the preparer derived (or is expected to derive) from the preparation of the return. For reckless or intentional disregard under Section 6694(b), the penalty is the greater of $5,000 or 75% of the income from the return preparation. Answer A ($500) was the old penalty amount under prior law. Answer C (20% of underpayment) is the accuracy-related taxpayer penalty under Section 6662. Answer D is a fabricated combination.
5. Under Section 7122, a taxpayer may submit an Offer in Compromise (OIC) to settle their tax debt for less than the full amount owed. Which of the following correctly describes the bases on which an OIC may be accepted?
   Answer: An OIC may be accepted based on doubt as to collectibility (the IRS cannot collect the full liability), doubt as to liability (there is genuine dispute about whether the full liability is owed), or effective tax administration (collection of the full amount would create economic hardship or be unfair and inequitable). Under Section 7122 and Rev. Proc. 2003-71, the IRS may accept an OIC based on three grounds: (1) Doubt as to Collectibility - the taxpayer's assets and income are insufficient to pay the full liability; (2) Doubt as to Liability - there is a genuine dispute about whether the assessment is correct; or (3) Effective Tax Administration - collection would create economic hardship or be unfair given special circumstances. Answer B is incorrect because unemployment is not a specific OIC basis. Answer C is incorrect because corporations may also submit OICs. Answer D is incorrect because an OIC must specifically identify which tax liabilities it covers.
6. The Taxpayer Advocate Service (TAS) assists taxpayers experiencing significant hardship. Under Section 7803(c), which of the following correctly describes a Taxpayer Assistance Order (TAO)?
   Answer: A TAO is issued by the National Taxpayer Advocate to require the IRS to take action, cease action, or refrain from action with respect to a taxpayer experiencing significant hardship as a result of IRS conduct. Under Section 7803(c)(2)(B), the National Taxpayer Advocate may issue a Taxpayer Assistance Order (TAO) to the IRS to take or refrain from taking action when a taxpayer is suffering or about to suffer significant hardship from IRS actions. The TAO may require the IRS to release a levy, cease collection activity, or take other remedial action. The Commissioner may override a TAO only by personally intervening. Answer B is incorrect because TAOs are issued by the National Taxpayer Advocate, not a court. Answer C is incorrect because TAOs are not issued by the IRS Commissioner against taxpayers. Answer D is incorrect because TAOs do not automatically grant refunds.
7. A taxpayer receives a notice of deficiency (90-day letter) and disagrees with the IRS's determination. If the taxpayer wants to contest the deficiency without first paying the tax, which court should they petition?
   Answer: U.S. Tax Court The U.S. Tax Court is the only federal court where a taxpayer can contest a deficiency without first paying the disputed tax. The taxpayer must file a petition within 90 days of the mailing of the notice of deficiency (150 days for taxpayers outside the U.S.). The Tax Court then independently reviews the IRS's determination. Answer A (Court of Federal Claims) and Answer C (District Court) require the taxpayer to first pay the full tax, then file a refund suit. Answer D (Bankruptcy Court) does not have general income tax deficiency jurisdiction.
8. The Taxpayer Bill of Rights (TBOR) was codified into the Internal Revenue Code under Section 7803(a)(3). Which of the following is among the ten rights included in the TBOR?
   Answer: The right to be informed, the right to quality service, the right to pay no more than the correct amount of tax, the right to challenge the IRS's position and be heard, and the right to a fair and just tax system. The Taxpayer Bill of Rights (Section 7803(a)(3)) enumerates ten rights: (1) the right to be informed; (2) the right to quality service; (3) the right to pay no more than the correct amount of tax; (4) the right to challenge the IRS's position and be heard; (5) the right to appeal an IRS decision in an independent forum; (6) the right to finality; (7) the right to privacy; (8) the right to confidentiality; (9) the right to retain representation; and (10) the right to a fair and just tax system. Answer B lists fabricated rights. Answer C lists non-existent rights. Answer D is incorrect because the IRS does not provide free legal counsel.
9. Under Section 6321, what is a federal tax lien?
   Answer: A lien that arises in favor of the United States on all property and rights to property belonging to any person who neglects or refuses to pay a tax after demand; the lien arises at the time of assessment. Under Section 6321, if any person liable to pay any tax neglects or refuses to pay after demand, the amount (including interest, penalties, and costs) shall be a lien in favor of the United States upon all property and rights to property belonging to such person. The federal tax lien arises at the time of assessment under Section 6322. The lien attaches to all property, both real and personal. Answer A describes a forced sale order, not a lien. Answer C incorrectly limits the lien to real property. Answer D is incorrect because the lien arises at assessment without registration, though it may not be valid against certain third parties without filing a Notice of Federal Tax Lien.
10. Under Section 6330, when the IRS issues a Final Notice of Intent to Levy, the taxpayer has the right to request a Collection Due Process (CDP) hearing. Which of the following correctly describes CDP hearings?
    Answer: A CDP hearing is conducted by the IRS Office of Appeals and allows the taxpayer to raise collection alternatives (installment agreements, offers in compromise, currently not collectible status) or to challenge the underlying liability if not previously contested. Under Section 6330, when the IRS issues a Final Notice of Intent to Levy, the taxpayer has 30 days to request a CDP hearing before the IRS Office of Appeals. At the hearing, the taxpayer may: (1) raise collection alternatives such as installment agreements, offers in compromise, or currently not collectible status; (2) challenge the appropriateness of the collection action; and (3) if the taxpayer did not receive prior notice and opportunity to dispute the underlying liability, challenge the liability itself. The collection action is suspended pending the CDP hearing outcome. Answer A is incorrect because CDP hearings are conducted by Appeals, not Examination. Answer B has the time period correct but doesn't describe the hearing. Answer D is incorrect because no balance limit applies to CDP rights.
11. Under the Trust Fund Recovery Penalty (TFRP) under Section 6672, which of the following persons may be held personally liable for a corporation's failure to pay over withheld payroll taxes?
    Answer: Any person who was responsible for collecting, accounting for, and paying over the taxes and who willfully failed to do so; this may include officers, directors, employees with financial control, and even outside accountants with authority over tax payments. The Trust Fund Recovery Penalty (TFRP) under Section 6672 imposes 100% personal liability on any 'responsible person' who willfully fails to collect, account for, or pay over employment taxes. A responsible person is anyone with the duty and authority to ensure that taxes are collected and remitted - this broadly includes officers, directors, controlling shareholders, and employees with financial control (such as accounts payable managers). 'Willfully' means knowing the taxes are not being paid and either intentionally disregarding the law or being plainly indifferent to it. Answer B incorrectly limits liability to the CEO and CFO. Answer C incorrectly focuses on the return signer. Answer D is incorrect because outside auditors do not have operational control over tax payments.
12. Under Section 7430, a taxpayer who prevails against the IRS in a civil tax proceeding may be entitled to an award of administrative and litigation costs. Which of the following is a requirement for recovering costs under Section 7430?
    Answer: The taxpayer must have substantially prevailed on the amount in controversy or the most significant tax issue, must have exhausted administrative remedies, must not have unreasonably protracted the proceeding, and the IRS's position must have been not substantially justified. Under Section 7430, a taxpayer may recover administrative and litigation costs if: (1) they substantially prevailed on the amount in controversy or a significant issue; (2) they exhausted available administrative remedies; (3) they did not unreasonably protract the proceeding; and (4) the IRS's position was not substantially justified. Net worth and size requirements also apply to exclude large corporations. Awards are limited to specific per-hour rates for attorney's fees (not unlimited amounts). Answer A incorrectly states the net worth limit (it is $2 million for individuals, not $1 million). Answer C is incorrect because IRS fraud is not required. Answer D is incorrect because attorney's fees are capped at a specific statutory rate.
13. Under the Taxpayer Bill of Rights, what is the right to 'retain representation'?
    Answer: The right to be represented by a qualified representative (attorney, CPA, enrolled agent, or other authorized practitioner) in dealings with the IRS; to stop an interview to consult with the representative; and not to be required to represent oneself. The right to retain representation under the TBOR means taxpayers have the right to retain an authorized representative of their choice in dealings with the IRS. This includes the right to have the representative present at interviews, the right to stop an IRS interview to consult with the representative, and the right not to be coerced into waiving representation. Qualified representatives include attorneys, CPAs, enrolled agents, and other practitioners authorized under Circular 230. Answer A is incorrect because there is no right to a government-appointed representative (unlike in criminal proceedings). Answer B is incorrect because the right concerns the taxpayer's own representative, not IRS agents. Answer C is partially correct but incomplete.
14. Under Section 6325, a federal tax lien may be released in which of the following circumstances?
    Answer: When the liability is satisfied in full, becomes legally unenforceable (collection period expired), or when the taxpayer furnishes an acceptable bond; the IRS must release the lien within 30 days of satisfaction. Under Section 6325(a), the IRS must release a federal tax lien within 30 days when: (1) the liability for which the lien was imposed is satisfied (paid in full) or becomes legally unenforceable (e.g., the collection statute has expired); or (2) a bond is accepted ensuring payment of the full amount. The IRS also has discretion to issue a certificate of discharge for specific property under Section 6325(b). Answer A is incorrect because a court order is not required for lien release. Answer B is incorrect because bankruptcy may affect the lien but is not the only mechanism for release. Answer C is incorrect because income level is not a basis for automatic lien release.
15. Under Section 7521, taxpayers have the right to audio record meetings with IRS officers or employees. Which of the following correctly describes this right?
    Answer: Taxpayers have the right to audio record any in-person interview with IRS officers or employees, provided they give 10 days' advance notice; the IRS also has the right to record such meetings. Under Section 7521(a), a taxpayer who receives an interview notice from the IRS has the right to make an audio recording of the interview, provided the taxpayer gives advance notice at least 10 days before the interview. The IRS may also record the interview; if the IRS records, the taxpayer has the right to a copy of the recording. This right applies to in-person interviews, not just Appeals hearings. Answer A is incorrect because prior written approval from the Commissioner is not required - advance notice is sufficient. Answer C is incorrect because the right is for audio (not video) recording. Answer D is incorrect because the right applies broadly to IRS interviews, not only Appeals.
16. A taxpayer believes the IRS has incorrectly assessed a penalty. Under Section 6751, which of the following protections does the taxpayer have regarding penalty assessments?
    Answer: Under Section 6751(b), most penalties must be personally approved in writing by an IRS supervisor before they can be assessed; the IRS must provide written supervisory approval in the examination file. Section 6751(b) requires that most penalty assessments be personally approved in writing by a supervisor of the IRS employee who initially determines the penalty. This requirement was added to prevent arbitrary penalty assessments by line examiners. Penalties assessed without supervisory approval may be invalid. Answer A is incorrect because court review is not required before assessment. Answer B is incorrect because there is no general 90-day waiting period for penalties. Answer C is incorrect because there is no automatic 50% reduction right; abatement requests may reduce penalties based on reasonable cause or other grounds.
17. Under the Taxpayer Bill of Rights, a taxpayer has the right to 'finality.' Which of the following best describes this right?
    Answer: The right to know the maximum amount of time the IRS has to audit a return, assert a deficiency, or collect a tax; and the right to know when the IRS has completed an audit. The right to finality under the TBOR means taxpayers have the right to know the maximum amount of time the IRS has to challenge a tax position (the statute of limitations on assessment), to collect a tax (the collection statute of limitations), and to know when the IRS has completed its examination of their return and will not re-examine that return. This right gives taxpayers certainty that their tax matters will not remain open indefinitely. Answer A is incorrect because there is no one-year resolution requirement. Answer C is incorrect because finality refers to administrative time limits, not court proceedings. Answer D is incorrect because it describes a substitute for filing, not the finality right.
18. Under Section 6511(b), how much of an overpayment may a taxpayer recover if they file a claim for refund after the limitations period has expired?
    Answer: No refund is available if the claim for refund is filed after the applicable 3-year or 2-year period has expired; the taxpayer forfeits the refund. Under Section 6511(b), even if a refund claim is timely filed, the amount of the refund is limited to taxes paid within the look-back period (generally 3 years from the return filing date if the claim is within 3 years, or 2 years from payment if the claim is within 2 years from payment). If the claim is filed after both the 3-year and 2-year periods have expired, no refund is available at all - the claim is entirely time-barred. Answer B is incorrect because the limitations period bars stale claims. Answer C is incorrect because there is no 50% recovery rule. Answer D is incorrect because there is no $10,000 limit; rather, the bar is complete after the period expires.
19. Under Section 6331(h), which of the following is exempt from IRS levy?
    Answer: Certain property is exempt from levy, including a portion of wages (calculated based on standard deduction and personal exemptions), unemployment compensation, certain pension and retirement benefits, minimum exemption for tools used in the taxpayer's trade, and fuel, provisions, furniture, and personal effects up to $10,310. Under Sections 6334 and 6331(h), certain property is exempt from IRS levy. Exemptions include: a minimum amount of wages (the weekly amount equal to the standard deduction plus personal exemptions divided by 52), unemployment compensation, job training payments, workers' compensation, certain pension and retirement payments, a minimum amount for books and tools of the trade, unemployment insurance, and certain annuity and pension payments. The primary residence is not absolutely exempt - the IRS may seize it with approval of a U.S. District Court judge. Answer A is incorrect because bank accounts are generally subject to levy. Answer B is incorrect because the primary residence is not absolutely exempt. Answer D is incorrect because the listed exemptions exist.
20. Under Section 7525, which of the following types of communications are protected by the federally authorized tax practitioner privilege?
    Answer: Confidential communications between a taxpayer and a federally authorized tax practitioner (such as a CPA or enrolled agent) made in connection with non-criminal tax advice; the privilege applies in federal non-criminal tax proceedings. Section 7525 extends a limited privilege to confidential communications between a taxpayer and a federally authorized tax practitioner (attorney, CPA, enrolled agent, or enrolled actuary) that would be protected if made to an attorney. The privilege applies only in non-criminal federal tax proceedings before the IRS and federal courts in proceedings brought by or against the IRS. It does not apply to: criminal tax proceedings, state tax proceedings, or non-tax federal proceedings. Answer A is too broad; the privilege requires a federally authorized practitioner, not any tax professional. Answer B is incorrect because the privilege explicitly does not apply to criminal matters. Answer D is incorrect because Section 7525 is narrower than attorney-client privilege.

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