ATP 105 Ethics study materials
ATP 105 Ethics study resources

ATP 105 Ethics flashcards

ATP 105 Ethics · Build recall with a focused review session.

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Gross Income Definition
All income from whatever source derived unless specifically excluded by the Internal Revenue Code; the starting point for computing individual taxable income.
Adjusted Gross Income
Gross income minus allowable above-the-line adjustments such as certain retirement contributions, self-employment tax portions, and student loan interest.
Taxable Income Formula
Adjusted gross income minus the greater of the standard or itemized deduction, minus any qualified business income deduction.
Marginal Tax Rate
The rate applied to the last dollar of taxable income; determines the tax effect of an additional deduction or credit.
Effective Tax Rate
Total tax liability divided by total taxable income, expressing the average rate borne across all income.
Long-Term Capital Gain
Gain on an asset held more than one year; taxed at preferential rates rather than ordinary graduated rates.
Short-Term Capital Gain
Gain on an asset held one year or less; taxed as ordinary income at the taxpayer's marginal rate.
Standard Deduction
A fixed statutory amount subtracted from AGI; available without substantiation and indexed for inflation.
Itemized Deductions
Allowable personal expenses such as mortgage interest and charitable contributions, claimed only when their total exceeds the standard deduction.
Tax Credit Versus Deduction
A credit reduces tax liability dollar-for-dollar; a deduction reduces taxable income and saves tax equal to the deduction times the marginal rate.
Filing Status Categories
Single, married filing jointly, married filing separately, head of household, and qualifying surviving spouse.
Head of Household
Filing status for an unmarried taxpayer who maintains a household for a qualifying dependent for more than half the year.
Above-the-Line Adjustment
A deduction taken before AGI is computed, available regardless of whether the taxpayer itemizes.
Qualified Dividends
Dividends meeting holding-period and payer requirements, taxed at the same preferential rates as long-term capital gains.
Self-Employment Tax
Social Security and Medicare tax on net self-employment earnings; one-half of the tax is an above-the-line deduction.
Withholding and Estimated Tax
Prepayment of tax through employer withholding or quarterly estimated payments; insufficient prepayment can trigger underpayment penalties.
Circular 230
Treasury regulations governing practice before the IRS, setting duties, restrictions, and sanctions for practitioners.
Due Diligence Requirement
Practitioner must make reasonable inquiries and use reasonable care in preparing returns and determining the correctness of client information.
Reliance on Client Information
A practitioner may rely in good faith on client-provided information but must inquire further if it appears incorrect or incomplete.
Confidentiality Under §7216
Tax return information generally may not be disclosed without client consent, subject to specific statutory exceptions.
Contingency Fee Prohibition
Charging fees contingent on the outcome of a matter is generally barred, with limited exceptions such as certain refund claims.
Preparer Penalty §6694
Penalty on a preparer for an understatement due to an unreasonable position or willful or reckless conduct.
Aiding and Abetting Penalty
Penalty under §6701 for knowingly aiding or assisting in the preparation of a false or fraudulent return or document.
Frivolous Position Rule
A practitioner may not advise or endorse positions lacking a reasonable basis in law or fact.
Reasonable Basis Standard
A position supported by authority sufficient to avoid being treated as frivolous, though weaker than substantial authority.
Substantial Authority Standard
A position supported by weight of authority greater than reasonable basis but less than more likely than not.
More Likely Than Not
A position is more likely than not correct if it has greater than 50 percent likelihood of being sustained on the merits.
Return of Client Records
A practitioner must return client records upon request, even where fees remain unpaid, subject to applicable state law.
Advising on Penalties
Practitioner should inform clients of potential penalties and how they may be avoided through disclosure or corrected reporting.
Unauthorized Practice
Preparing or presenting matters before the IRS without eligibility, or misrepresenting authority to practice, violates Circular 230.
Conflicts of Interest
A practitioner may not represent conflicting interests without informed written consent from the affected clients.
Written Consent Requirements
Certain arrangements, such as permitted contingency fees, require written client consent and must meet Circular 230 conditions.