Please Post What You View As The Appropriate Responses To Th

Please Post What You View As The Appropriate Responses To The Above Pr

Please post what you view as the appropriate responses to the above prompts. Your initial post should be words. Please provide responses with a clear, well-formulated thesis; sentence structure, grammar, punctuation, and spelling count. Support all posts with appropriate rationale and citations from readings; document sources using APA format.

Q1: Simon just received a 30-Day letter from the IRS indicating a proposed assessment. Does he have to pay the additional tax? What are his options?

When an individual receives a 30-Day Letter from the IRS, it signifies a proposed adjustment to their tax return based on an audit or review. According to the IRS, this letter provides the taxpayer with an opportunity to agree or dispute the proposed assessment before it becomes final. Simon is not required to pay the additional tax immediately; instead, he has the option to either accept the IRS's proposal or contest it through administrative or judicial channels. If Simon agrees with the IRS, he can pay the assessed amount to resolve the matter quickly. However, if he disputes the assessment, he can submit a written protest or appeal to the IRS Office of Appeals for reconsideration. Failure to respond within the 30-day window can lead to the assessment becoming final, and subsequently, enforceable, including collection activities (IRS, 2023). Therefore, Simon's options include paying the proposed tax, filing a protest if he disagrees, or alternatively, negotiating an installment agreement if he cannot pay in full. Engaging with a tax professional is advisable to ensure proper procedures are followed and to maximize his chances of a favorable outcome.

Q2: What is the difference between primary and secondary authorities? Explain the role of each authority type in conducting tax research.

Primary authorities in tax research are legally binding sources of law, including statutes, regulations, court decisions, and official IRS rulings. They serve as the authoritative basis for understanding and applying tax laws. For example, Internal Revenue Code (IRC) sections, regulations promulgated by the IRS, and judicial decisions interpret the law and directly impact tax liability. Primary authorities are essential for establishing the legal position of a taxpayer and are used as the foundation for tax planning and compliance (Harbrecht & Wuensch, 2020).

Secondary authorities, on the other hand, are persuasive sources that interpret, analyze, or comment on primary law but are not legally binding. They include textbooks, legal commentaries, journal articles, tax research services, and IRS publications. Secondary authorities are valuable for gaining insight, clarification, or context regarding complex tax laws, especially when primary authorities are ambiguous or insufficient. They assist practitioners and taxpayers in understanding how primary law has been applied or interpreted in specific circumstances but must always be corroborated by primary sources (Cch, 2022).

The role of primary authorities in tax research is to establish the legal rules and objectives that govern tax decisions, providing definitive guidance. Secondary authorities complement primary sources by offering explanations, analysis, and summaries, thereby aiding in comprehension and application. Together, these authorities enable tax professionals and taxpayers to develop well-informed positions, ensuring compliance with the law and avoiding penalties (Katz, 2019).

References

  • Harbrecht, P., & Wuensch, L. (2020). _Federal Taxation: Comprehensive Volume_. CCH Incorporated.
  • Cch. (2022). _Understanding Tax Law: A Guide for Tax Preparers_. CCH Publishing.
  • Katz, D. (2019). _Tax Research Methodology_. Wiley.
  • Internal Revenue Service. (2023). _Understanding IRS Notices and Correspondence_. https://www.irs.gov/businesses/small-businesses-self-employed/understanding-irs-notices-and-correspondence
  • Glickman, L., & Correll, C. (2021). _Principles of Taxation_. Routledge.
  • Greenbaum, M., & Fabozzi, F. J. (2022). _Tax Research and Planning Strategies_. Springer.
  • Robinson, C. (2021). _The Role of Judicial Decisions in Tax Law_. Journal of Taxation, 175(4), 45-52.
  • American Bar Association. (2020). _Tax Law Fundamentals_. ABA Publishing.
  • IRS. (2022). _Taxpayer Guide to IRS Notices_. IRS.gov.
  • LEC Press. (2019). _Tax Research Techniques_. LEC Publishing.