Gleim EA Review Updates to Part Edition, 1st Printing April 2016

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1 Page 1 of 6 Gleim EA Review Updates to Part Edition, 1st Printing April 2016 NOTE: Text that should be deleted is displayed with a line through it. New text is shown with a blue background. This information was added according to the new IRS EA Exam Content Outlines. Study Unit 4 Examination of Returns and the Appeals Process Page 74, Subunit 4.1, new item 5.a.: a. The detailed document describing an IRS examiner s audit findings and stating the amount of deficiency or refund the agent found the taxpayer to owe or be owed is called the Revenue Agent s Report (RAR). This is the same as the 30-day letter discussed later in Subunit 4.2. Study Unit 5 The Collection Process Page 97, Subunit 5.1, new item 7.: Refund Offset 7. Taxpayers owing past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or certain federal nontax debts, e.g., student loans, may have all or part of their refund used (offset) to pay the past-due amount. Offsets for federal taxes are made by the IRS. All other offsets are made by the Treasury Department s Bureau of Fiscal Services (BFS). For federal tax offsets, the taxpayer will receive a notice from the IRS. For all other offsets, the taxpayer will receive a notice from BFS. Page 100, Subunit 5.3, item 1.i.1): Appeal i. A taxpayer may appeal the filing of a Notice of Federal Tax Lien if the taxpayer believes the IRS filed in error. 1) Form 12153, Request for a Collection Due Process or Equivalent Hearing, is completed and sent to the address from which the lien (or levy, discussed below) came. The request must be received within 30 days. 1 2) Upon the conclusion of the CDP hearing, the IRS will issue a determination stating whether the lien will be removed or will continue its existence.

2 Page 2 of 6 Study Unit 6 Tax Authority Page 113, Subunit 6.1, new item 3.: Treaties 3. In the U.S., a tax treaty is treated as equivalent to statutory law and overrides the IRC. The United States has income tax treaties with a number of foreign countries. Under these treaties, residents (not necessarily citizens) of foreign countries are taxed at a reduced rate or are exempt from U.S. income taxes on certain items of income they receive from sources within the United States. These reduced rates and exemptions vary among countries and specific items of income. Treaty provisions generally are reciprocal (i.e., apply to both treaty countries and their residents). Study Unit 7 Recordkeeping and Electronic Filing Page 133, Subunit 7.1, new items 12. and 13.: Identity Protection Personal Identification Number (IP PIN) 12. The IRS IP PIN is a 6-digit number assigned to eligible taxpayers to help prevent the misuse of their Social Security numbers on fraudulent federal income tax returns. The IP PIN helps the IRS verify a taxpayer s identity and accept their electronic or paper tax return. Form 1040EZ a. If a return is e-filed with the taxpayer s SSN and an incorrect or missing IP PIN, the IRS system will reject it until the return is submitted with the correct IP PIN or filed on paper. If the same conditions occur on a paper-filed return, the IRS will delay its processing and any refund that may be due for taxpayer protection while the IRS determines if the return is the taxpayer s. b. The IP PIN tool is unavailable until further notice. The IRS is reviewing this tool and looking at further strengthening its security features. Taxpayers who have been issued an IP PIN through a CP01A Notice should continue to file their tax returns with an IP PIN as they normally would. Taxpayers seeking to opt into the IP PIN program should file as they normally would, without an IP PIN. 13. Taxpayers may be eligible to file Form 1040EZ. The only credit allowed on the return is the Earned Income Credit. Page 138, Subunit 7.2, item 11.a.2): 11. Modernization of e-file provided for year-round filing and filing of two prior-year tax returns, e.g., 2015 (current year), 2014 (1st prior year), and 2013 (2nd prior year). a. The following returns are not processable by the IRS e-file program: 1) Tax returns with fiscal-year tax periods 2) Amended tax returns (e.g., 1040X)

3 Page 141, Subunit 7.2, new item 22.: EFIN Revocation Page 3 of The IRS may revoke participation of an Authorized IRS e-file Provider, a Principal, or a Responsible Official in IRS e-file if either (a) a federal court order enjoins them from filing returns or (b) they are prohibited by a federal or state legal action that would prohibit participation in e-file. a. They are not entitled to an administrative review process for revocation of participation in IRS e-file if the IRS denies or revokes a firm, Principal, or Responsible Official because of a Federal Court Order enjoining filing of returns or a federal or state legal action that prohibits participation in filing of returns. If the injunction or other legal action expires or is reversed, the revoked Provider may reapply to participate in IRS e-file after the injunction or other legal action expires or is reversed. Appendix B: Exam Content Outlines with Gleim Cross-References Pages : These edits reflect recent changes to the IRS Exam Content Outlines and update cross-references to the Gleim study units and subunits covering each topic. Section 1: Practices and Procedures (30 items 25 Questions) a. Practice before the IRS 1) What constitutes practice before the IRS 1.1 2) Categories of individuals who may practice and extent of practice privileges 1.1 b. Requirements for Enrolled Agents 1) Information to be furnished to the IRS 1.2 2) Omission or error on return, document, or affidavit 2.1 3) Rules for employing or accepting assistance from former IRS employees or disbarred/suspended persons 1.2 4) Rules for restrictions on advertising, solicitation and fee information 1.2 5) Fee rules (e.g., contingent, unconscionable) 1.2 6) Due diligence requirements 1.2 7) Conflicts of interest 1.2 8) Rules for refund check negotiation 2.2 9) Standards for written advice, covered opinions, tax return positions, and preparing returns 1.4, ) CPE Continuing education requirements ) Tax shelters 2.1, ) Enrollment cycle and renewal ) Rules for prompt disposition of matters before the IRS ) Rules for returning a client s records and documents ) PTIN requirements ) Practitioner supervisory responsibilities (Circular 230 Sec ) 1.5 c. Sanctionable Acts 1) Disreputable conduct that may result in a disciplinary proceeding 1.5, App. A 2) Sanctions imposed by OPR the Office of Professional Responsibility 1.5 3) Frivolous submissions (returns and documents) 2.2 4) Fraudulent transactions (e.g., badges of fraud) 2.2

4 d. Rules and Penalties 1) Assessment and appeal procedures for preparer penalties 1.5 2) Types of penalties (e.g., negligence, substantial understatement, overvaluation) 2.2, 4.4 3) Furnishing a copy of a return to a taxpayer 2.1 4) Signing returns and furnishing identifying numbers 2.1, 7.2 5) Keeping copies or lists of returns prepared 2.1, 7.1 6) Employees engaged or employed during a return period (e.g., IRC Sec. 6060) 2.1 7) Preparer due diligence and penalty involving the earned income credit 2.2 Section 2: Representation before the IRS (28 items 24 Questions) a. Power of Attorney 1) Purpose of power of attorney 3.1 2) Signature authority (e.g., extension of assessment period, closing agreement) 3.1 3) Authority granted by taxpayer 3.1 4) Prohibition for negotiating taxpayer refund check (e.g., cannot cash or deposit) ) Limitations on signing tax returns on behalf of taxpayer ) Proper completion of power of attorney (Form 2848) ) Alternate forms of power of attorney (durable) ) Rules for client privacy and consent to disclose ) Distinctions between power of attorney (Form 2848) and tax information authorization (Form 8821) ) Requirements to be met when changing or dropping representatives or withdrawal of representative ) Purpose of a Centralized Authorization File (CAF) number ) Conference and practice requirements (Publication 216) 2.2, 3.1 b. Building the Taxpayer s Case--Preliminary Work 1) Tax Identification of tax issue(s) identification with supporting details ) Potential for criminal aspects No IRS source references (i.e., publications) for this topic 3) Competence, expertise and time to handle issue ) Conflict of interest 1.2 5) Transcripts from IRS (e.g., access to and use of e-services) 7.1 c. Taxpayer Financial Situation Page 4 of 6 1) Taxpayer s ability to pay the tax (e.g., installment agreements, offer in compromise) ) General financial health (e.g., filed for bankruptcy, lawsuits, garnishments, cash flow, and assets, and insolvency) 5.1 3) Third-party research (e.g., property assessment for municipal taxes, asset values, state and local tax information) 4.1 4) Discharge of the tax liability in bankruptcy 5.3 5) IRS Collection Financial Standards d. Supporting Documentation 1) Financial documents (e.g., cancelled checks or equivalent, bank statements, credit card statements, receipts, brokerage records) 7.1 2) Legal documents (e.g., birth certificate, divorce decrees, lawsuit settlements) 7.1 3) Prior and subsequent tax returns 7.1 4) Other substantive and contemporaneous documentation (e.g., corporate minutes) 7.1 5) Employment reimbursement policies No IRS source references (i.e., publications) for this topic 6) Business entity supporting documents (e.g., partnership agreement, corporate bylaws) No IRS source references (i.e., publications) for this topic 7) Expense records (e.g., deductible, allowable, personal, mileage log) 7.1

5 e. Legal Authority and References 1) Internal Revenue Code 6.1 2) Treasury Income tax regulations 6.2 3) Revenue rulings 6.2 4) Revenue procedures 6.2 5) IRS notices 6.2 6) Case law 6.3 7) IRS publications 6.2 8) Private letter rulings 6.2 9) Forms and instructions ) Internal Revenue Manual ) Authoritative versus non-authoritative source material , ) Tax treaties and other internal agreements 6.1 f. Related Issues Page 5 of 6 1) Statute of limitations 2.2, 7.1 2) Post-filing correspondence (e.g., math error notices, under-reporting notices) 4.1 3) Deadlines and timeliness requirements 4.2 4) Third-party correspondence (e.g., witness communications, employment records) 4.1 5) Freedom of Information Act (FOIA) requests 7.1 6) Tax avoidance vs. tax evasion 1.4 7) Tax return disclosure statements 2.2 8) Taxpayer Advocate Service (e.g., criteria for requisition requesting assistance) 5.2 9) Identity Theft ) Higher Judicial levels of representation beyond the scope of EA representation (e.g., tax court, U.S. District Courts and U.S. Claims Court, U.S. Courts of Appeals and U.S. Supreme Court) 3.1, 6.3 Section 3: Specific Types of Representation (22 items 19 Questions) a. Representing a Taxpayer in the Collection Process 1) Extension of time to pay (e.g., Form 1127-A) 5.1 2) Installment agreements 5.1 3) Types of Ooffer in compromise (e.g., doubt as to liability, collectability or effective tax administration) 5.2 4) Collection appeals program (e.g., denial of installment agreements, discharge applications) 5.1 5) Collection appeals and due process (e.g., lien, and levy, and Form 12153) 5.3 6) Adjustments to the taxpayer s account (e.g., abatements and refund offsets) 4.1, 5.1 7) Requesting an audit reconsideration (e.g., documents and forms) ) Decedent Issues 3.1 9) Collection notice and Notice of Federal Tax Lien 5.1, ) Levy and seizure of taxpayer s property ) Case being reported Currently Not Collectable (e.g., reasons and reactivation) ) IRS Collection Summons (e.g., purposes) 4.2, ) Collections statute of limitations ) Trust fund recovery penalty ) Amended returns and claims for refund (e.g., Form 1040X, Form 843, appropriateness, and timeliness) 1.2, 7.2

6 b. Penalties and/or Interest Abatement 1) Penalties subject to abatement 4.1, 4.4 2) Basis for having penalties abated or refunded 4.1, 4.4 3) Reasonable cause 4.4 4) Basis for having interest abated or refunded 4.1, 4.4 5) Interest recalculation 4.1 6) Procedures for requesting abatement 4.1 c. Representing a Taxpayer in Audits/Examinations 1) IRS authority to investigate , 5.1 2) Limited practitioner privilege (e.g., IRC Sec. 7525) 1.1, ) Verification and substantiation of entries on the return ) IRS authority to fix time and place of investigation ) Steps in the process (e.g., initial meeting, submission of IRS requested information) ) Innocent spouse ) Interpretation and analysis of revenue agent report (RAR) (e.g., 30-day letter) ) Interpretation and analysis of CP-2000 notice and Correspondence audits ) Explanations of taxpayer options (e.g., agree or appeal) ) Special procedures for partnership audits (e.g., unified audit procedures for TEFRA) ) Preparer conflict of interest 1.2 d. Representing a Taxpayer before Appeals 1) Right to appeal revenue agent findings 4.2 2) Request for appeals consideration (e.g., preparation, elements contained) 4.2 3) Enrolled Agent appearance at appeals conference 4.2 4) Settlement function of the appeals process 4.2, 5.2 5) Issuance of 90-day letter 4.2 Section 4: Completion of the Filing Process (20 items 17 Questions) a. Accuracy 1) Use of Reliance on software (e.g., review of results) 2.1 2) Inconsistencies within the source data 2.1 3) Miscalculations 2.1 4) Recognition of duplicate entries 2.1 b. Information Shared with Taxpayer 1) Record-keeping requirements 7.1 2) Significance of signature (e.g., joint and several liability, penalty of perjury) 2.2, 4.2 3) Consequences of dishonesty 1.1, 1.5 c. Record Maintenance 1) Length of time to retain returns and records 7.1 2) List of returns prepared (e.g., name, social security number, and type of return) 7.1 3) EITC due diligence requirements 2.2 4) Security of taxpayer data (e.g., electronic and paper) 1.7, 2.1, 7.2 d. Electronic Filing Page 6 of 6 1) Application process to be an e-file provider (e.g., e-services, EFIN) 7.2 2) E-file mandate and exceptions (Form 8948) 7.2 3) Advertising standards 7.2 4) Definition and responsibilities of an ERO 7.2 5) Levels of infractions 7.2 6) Compliance requirements to continue in program (e.g., timely filing, timely payment, and absence of infractions) 7.2 7) EFIN revocation Aappeal process 7.2 8) E-file authorization and supporting documentation (e.g., Forms 8879 and Form 8453) 7.2 9) Rejected returns and resolution (e.g., client notification) ) Identity theft procedures and resolution (e.g., IP PIN) 1.7, 7.2