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CPA-Regulation Exam For Best Results in Actual Exam

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itemized deducton.<br />

Choice "d" is <strong>in</strong>correct, per the above rule and discussion.<br />

Question 4<br />

In evaluatng the hierarchy of authority <strong>in</strong> tax law, which of the follow<strong>in</strong>g carries the greatest<br />

authoritatve value for tax plann<strong>in</strong>g of transactons?<br />

A. Internal Revenue Code.<br />

B. IRS regulatons.<br />

C. Tax court decisions.<br />

D. IRS agents' reports.<br />

Aoswern A<br />

Explanaton<br />

Note: This queston is addressed <strong>in</strong> your Appendix D text materials. We are confdent that our students<br />

would be able to respond correctly over 85% of the tme without any guidance on this topic. The answer<br />

is rather obvious. Just by look<strong>in</strong>g at the answer optons, you will immediately notce that Opton A is<br />

presented <strong>in</strong> ttle case. This would be a quick sign that it may be the correct response. Further, we<br />

suspect that most students would narrow the optons down to "a" or "b" by simply us<strong>in</strong>g common sense.<br />

While we are confdent that our students would fare well on this queston if it appeared on their exams,<br />

we present the follow<strong>in</strong>g detailed explanaton of the answer optons.<br />

Choice "a" is correct. Accord<strong>in</strong>g to the IRS's website under Tax Code, Regulatons and Ofcial Guidance,<br />

the "federal tax law beg<strong>in</strong>s with the Internal Revenue Code (IRC), [which was] enacted by Congress <strong>in</strong><br />

Title 26 of the United States Code (26 U.S.C.)." The IRC holds the most authoritatve value.<br />

Choice "b" is <strong>in</strong>correct. Accord<strong>in</strong>g to the IRS's website under Tax Code, Regulatons and Ofcial Guidance,<br />

the IRS regulatons or "Treasury regulatons (26 C.F.R.)-commonly referred to as Federal tax regulatonspick<br />

up where the Internal Revenue Code (IRC) leaves of by provid<strong>in</strong>g the ofcial <strong>in</strong>terpretaton of the<br />

IRS by the U.S. Department of Treasury." Regulatons give directons on how to apply the law outl<strong>in</strong>ed <strong>in</strong><br />

the Internal Revenue Code. Regulatons have the second most force and efect, second only to the IRC.<br />

Choice "c" is <strong>in</strong>correct. Tax court decisions <strong>in</strong>terpret the Internal Revenue Code. They do not have the<br />

authority of the IRC.<br />

Choice "d" is <strong>in</strong>correct. The reports of IRS agents are used to report on specifc taxpayer situatons. IRS<br />

agents' reports apply the Internal Revenue Code, IRS regulatons, and other forms of authoritatve<br />

literature, but they do not hold the value that the IRC, the IRS regulatons, or even tax court decisions<br />

have.<br />

Individual Taxaton - Exemptons<br />

Question 5<br />

In 19X4, Smith, a divorced person, provided over one half the support for his widowed mother, Ruth, and<br />

his son, Clay, both of whom are U.S. citzens. Dur<strong>in</strong>g 19X4, Ruth did not live with Smith. She received<br />

$9,000 <strong>in</strong> Social Security benefts. Clay, a 25 year-old full-tme graduate student, and his wife lived with<br />

Smith. Clay had no <strong>in</strong>come but fled a jo<strong>in</strong>t return for 19X4, ow<strong>in</strong>g an additonal $500 <strong>in</strong> taxes on his<br />

wife's <strong>in</strong>come. How many exemptons was Smith enttled to claim on his 19X4 tax return?

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