TAX. OF INDIV.+BUS. 2020 CONNECT W/ETEX
11th Edition
ISBN: 9781264240968
Author: SPILKER
Publisher: INTER MCG
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Chapter 2, Problem 59P
To determine
Indicate the two circuits that should be preferred by person F to issue the opinion.
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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.
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.
Chapter 2 Solutions
TAX. OF INDIV.+BUS. 2020 CONNECT W/ETEX
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...
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