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Area 1: Ethics & ProceduresPreparer PenaltiesEthics

CPA · Question 02 · Area 1: Ethics & Procedures

A CPA is preparing a tax return for a client who wishes to take a position that the CPA believes has a 'reasonable basis' but does not meet the 'substantial authority' standard. To avoid a preparer penalty for an understatement of liability due to an unreasonable position, which of the following actions must the CPA take?

Answer options:

A.

Ensure the position is more likely than not (>50%) to be sustained on its merits.

B.

Disclose the position on Form 8275.

C.

Obtain a written representation letter from the client accepting responsibility.

D.

The CPA cannot sign the return under any circumstances.

How to approach this question

Map the confidence levels: Frivolous (<20%) -> Reasonable Basis (~20%) -> Substantial Authority (~40%) -> More Likely Than Not (>50%). Know the requirements for each.

Full Answer

B.Disclose the position on Form 8275.✓ Correct
IRC §6694 imposes a penalty for understatements due to unreasonable positions. A position is unreasonable unless there is substantial authority OR there is a reasonable basis and the position is disclosed.

Common mistakes

Assuming 'reasonable basis' alone is enough without disclosure (it is not).

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