Accounting Question

TEAM ASSIGNMENT 1: DETERMINING WHEN A RETURN IS SUFFICIENT TO START THE STATUE OF LIMITATIONS.(rev’d 090721).

this is a team assignment : i have to worn on the relevant facts and questions 3 and 4 (specific issues, conclusion, support) (i add all question in case you need for any reference) i also add the format memo

Determining the Statute of Limitations:While the statute of limitations for examination is generally three years from the date a return is filed, the statue can be automatically extended, can be voluntarily extended, or tolled under various provisions provided in the code, regulations, rulings and court cases. Your job is to advise your clients as to the applicable statute of limitations based on the fact pattern to be provided to you below. Remember: the date a return is deemed filed is a question of both fact and law.

It is October 1, 2021. The clients have not filed their joint current year’s tax return. No extension has been filed. Your clients have filed timely in the past and there is no reason to suspect that there is unreported income (once the return is filed). They live in Florida and have been unaffected by a hurricane or other severe weather event. Your team must write a memorandum to the client explaining when a tax return filing will be deemed sufficient to start the statute of limitations for both examination and assessment purposes. In addition, the clients have asked if they should file a joint tax return under the facts above. You should cite, as appropriate, the code, regulations, rulings, court cases… etc. Make sure that the memo addresses all the following questions for both types of returns:

1.What are the elements of a complete return?

2.What is the general limitation on assessment?

3.What are the exceptions to the general statute of limitations on Assessment?

4.When is a return deemed sufficient to start the statute of limitations?

5.What happens if IRS files a return on behalf of taxpayer?

6.Under what circumstances will a statute not start?

7.If the statute is not deemed to start, because of not being deemed to be a complete return, what curative actions may be necessary in order to start the statute of limitations?

8.When is the statutes of limitations tolled from running? For how long?

Tax Research Memo
Sample Format
Your Firm
Your Town and State
Date
Relevant Facts
This section should summarize the important facts of the research case. Only
include the relevant facts in a clear and concise manner.
Specific Issues
Identify the issue(s) and state the issue(s) in the form of a question.
Conclusions
Think of your conclusion as the “short” answer to your issue. The conclusion
section is the place to provide tax advice, recommend action(s) for the client to take,
or identify the need for additional information. There may not be a single “best”
alternative to the client’s issue so be sure to consider all applicable alternatives.
Support your conclusion by referencing back to the authority you discussed in the
discussion and analysis section.
Support
This section discusses the issue(s). Begin with the relevant code section(s).
Identify the code section, paraphrase what it says and then discus why it’s
important. Discussion of the relevant Treasury Regulations should follow. Identify the
regulation, paraphrase the important sections, and then address the importance of
the regulation given the facts.
The discussion
should continue by
reviewing relevant Treasury
pronouncements (Revenue Rulings, Revenue Procedures, Letter Rulings, etc.) and
cases. Be sure to include complete cite for each authority. Summarize the important
facts for the pronouncement/case and then compare the facts of the
pronouncement/case to the research facts. Discuss how the facts are similar or
different. Explain how each ruling or case supports or weakens the clients’ position.
Documentation is a very important part communicating tax research and all
statements or opinions should be substantiated with supporting cites. Supporting
cites should be to primary sources only except in rare or unusual situations.