MCGRAW-HILL'S TAX.OF INDIV.+BUS.2020
20th Edition
ISBN: 9781259969614
Author: SPILKER
Publisher: MCG
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Chapter 2, Problem 58P
To determine
Identify the circuit cash which has more authoritative weight and explain the manner in which the circumstance would change if person J were in circuit 6.
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Juanita, a tax resident (5th Circuit), is researching a tax question and finds a 5th Circuit case ruling that is favorable and a 9th Circuit case that is unfavorable. Which Circuit case has more “authoritative weight” and why? How would your answer change if Junita were a Kentucky resident (6th Circuit)?
James has just been audited by the IRS and, as a result, has been assessed a substantial deficiency (which he has not yet paid) in additional income taxes. In preparing his defense, James advances the following possibilities. Are any of them viable?
Although a resident of Texas, James plans to sue in a District Court in Oregon that appears to be more favorably inclined toward taxpayers.
If (a) is not possible, James plans to take his case to a Texas state court as he is more familiar with the practices there. Yes
If he loses at the trial court level, James plans to appeal to either the Federal Circuit or the 11th Circuit Court of Appeals because he has relatives in both Washington D.C., and Atlanta. Staying with these relatives could save James lodging expense while his appeal is being heard by the court.
Even if he does not win at the trial court or appeal court level, James feels certain of success on an appeal to the Supreme Court.
Catriona, a taxpayer, gives the following reasons for refusing to pay a tax. Which of her reasons is not acceptable for legally refusing to pay the tax?
a.) That she has been deprived of due process of law.
b.) Then she will derive no benefit from the tax.
c.) That there is a lack of territorial jurisdiction.
d.) That the prescriptive period for the tax has lapsed.
Chapter 2 Solutions
MCGRAW-HILL'S TAX.OF INDIV.+BUS.2020
Ch. 2 - Prob. 1DQCh. 2 - Prob. 2DQCh. 2 - Prob. 3DQCh. 2 - Approximately what percentage of tax returns does...Ch. 2 - Prob. 5DQCh. 2 - Prob. 6DQCh. 2 - Prob. 7DQCh. 2 - Prob. 8DQCh. 2 - Compare and contrast the three types of tax law...Ch. 2 - The U.S. Constitution is the highest tax authority...
Ch. 2 - Prob. 11DQCh. 2 - Prob. 12DQCh. 2 - What are the basic differences between...Ch. 2 - Under what circumstance would the IRS issue an...Ch. 2 - Carlos has located a regulation that appears to...Ch. 2 - Tyrone recently read a regulation that Congress...Ch. 2 - Prob. 17DQCh. 2 - Prob. 18DQCh. 2 - Mason was shocked to learn that the current Code...Ch. 2 - Describe in general the process by which new tax...Ch. 2 - What are the three committees that debate proposed...Ch. 2 - The president recently vetoed a tax act passed by...Ch. 2 - What are the five basic parts of an internal...Ch. 2 - What is the difference between primary and...Ch. 2 - Prob. 25DQCh. 2 - What is the difference between open and closed...Ch. 2 - Prob. 27DQCh. 2 - Amber is a tax expert, whereas Rob is a tax...Ch. 2 - Discuss the basic differences between annotated...Ch. 2 - Prob. 30DQCh. 2 - Lindsey has become very frustrated in researching...Ch. 2 - Nola, a tax novice, has a fairly simple tax...Ch. 2 - Armando identifies a tax research question as...Ch. 2 - How are citators used in tax research?Ch. 2 - What is the general rule for how many authorities...Ch. 2 - Prob. 36DQCh. 2 - Levi is recommending a tax return position to his...Ch. 2 - Prob. 38DQCh. 2 - What are the basic differences between civil and...Ch. 2 - Prob. 40DQCh. 2 - Prob. 41DQCh. 2 - What are the tax practitioners standards to avoid...Ch. 2 - Prob. 43PCh. 2 - Prob. 44PCh. 2 - The estate of Monique Chablis earned 450 of income...Ch. 2 - Prob. 46PCh. 2 - Shane has never filed a tax return despite earning...Ch. 2 - Latoya filed her tax return on February 10 this...Ch. 2 - Using the facts from the previous problem, how...Ch. 2 - Paula could not reach an agreement with the IRS at...Ch. 2 - Prob. 51PCh. 2 - Sophia recently won a tax case litigated in the...Ch. 2 - Prob. 53PCh. 2 - Prob. 54PCh. 2 - Randy deducted a high level of itemized deductions...Ch. 2 - Prob. 56PCh. 2 - Prob. 57PCh. 2 - Prob. 58PCh. 2 - Prob. 59PCh. 2 - Prob. 60PCh. 2 - Jamareo has found a favorable authority directly...Ch. 2 - Prob. 62PCh. 2 - Prob. 63PCh. 2 - Prob. 64PCh. 2 - Prob. 65PCh. 2 - Prob. 66PCh. 2 - Prob. 67PCh. 2 - Prob. 68PCh. 2 - Prob. 69PCh. 2 - Pierre recently received a tax penalty for failing...Ch. 2 - Prob. 71PCh. 2 - Matt and Lori were divorced in 2016. Pursuant to...Ch. 2 - Shaun is a huge college football fan. In the past,...Ch. 2 - Latrell recently used his Delta Skymiles to...Ch. 2 - Prob. 75PCh. 2 - Prob. 76PCh. 2 - Prob. 77PCh. 2 - Prob. 78PCh. 2 - Maurice has a client that recently asked him about...
Knowledge Booster
Similar questions
- Jane, a tax practitioner, has reviewed the law on how State Xs income tax applies to a clients web-based consulting business but is unable to reach a conclusion for which she has a high level of confidence. Assuming that Jane is a knowledgeable and experienced tax professional, which Guiding Principles of Good Tax Policy might not be followed by State X?arrow_forwardIf 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_forwardCatriona Grace, a taxpayer, gives the following reasons for refusing to pay a tax. Which of her reasons is not acceptable for legally refusing to pay the tax? a.) That she has been deprived of due process of law. b.) The she will derive no benefit from the tax. c.) That there is lack of territorial jurisdiction. d.) That the prescriptive period for the tax has lapsed.arrow_forward
- 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?arrow_forwardJackie is curious why the lawmakers provided for the 6% CGT to be in the form of a final withholding tax. Which of the following is the least likely reason for such? Â A. To mitigate the susceptibility of possible deferral of the actual payment of the tax if the voluntary compliance method is used B. To ensure payment of the applicable tax before property titles are transferred to the buyer C. All of the other choices are equally likely to be the reason why D. To mitigate the susceptibility of non-reporting of the sale, leading to tax evasionarrow_forwardJuan inquired from the BIR whether or not he will be covered with the new tax law. The BIR issued an administrative ruling that his activities are not covered by the new tax law. As a result, Juan did not pay his tax for several years based on the said BIR ruling. Currently, the BIR Commissioner found out that the previous ruling was erroneous and reversed the same with a new BIR ruling. The BIR then issued tax assessment against Juan for purposes of collecting back taxes.Is the tax assessment against Juan correct? A. Yes, because the previous BIR ruling was corrected and the activities of Juan should have been taxable. B. Yes, because the ruling of the BIR Commissioner must be final. C. No, Juan should be exempted from paying taxes under the old and new law. D. No, because reversal of BIR ruling shall not be retroactive in application especially if the ruling is prejudicial to the taxpayerarrow_forward
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