2013 aicpa newly released questions-reg

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2013 AICPA Newly Released Questions – Regulation 1 © 2013 DeVry/Becker Educational Development Corp. All rights reserved. Following are multiple choice questions recently released by the AICPA. These questions were released by the AICPA with letter answers only. Our editorial board is currently working on providing detailed explanations for these questions, so please check back to the Becker Knowledgebase soon for the updated file. Please note that the AICPA generally releases questions that it does NOT intend to use again. These questions and content may or may not be representative of questions you may see on any upcoming exams. Click here to view 2013 AICPA Released Simulations.

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Page 1: 2013 AICPA Newly Released Questions-REG

2013 AICPA Newly Released Questions – Regulation

1 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

Following are multiple choice questions recently released by the AICPA. These

questions were released by the AICPA with letter answers only. Our editorial board is

currently working on providing detailed explanations for these questions, so please

check back to the Becker Knowledgebase soon for the updated file.

Please note that the AICPA generally releases questions that it does NOT intend to use

again. These questions and content may or may not be representative of questions you

may see on any upcoming exams.

Click here to view 2013 AICPA Released Simulations.

Page 2: 2013 AICPA Newly Released Questions-REG

2013 AICPA Newly Released Questions – Regulation

2 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

AICPA QUESTIONS RATED MODERATE DIFFICULTY 1. CPA-

To which of the following transactions does the common law Statute of Frauds not apply?

a. Contracts for the sale of real estate. b. Agreements made in consideration of marriage. c. Promises to pay the debt of another. d. Contracts that can be performed within one year. Explanation

Choice "d" is correct.

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2013 AICPA Newly Released Questions – Regulation

3 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

2. CPA-

Gulde's tax basis in Chyme Partnership was $26,000 at the time Gulde received a liquidating distribution of $12,000 cash and land with an adjusted basis to Chyme of $10,000 and a fair market value of $30,000. Chyme did not have unrealized receivables, appreciated inventory, or properties that had been contributed by its partners. What was the amount of Gulde's basis in the land?

a. $0 b. $10,000 c. $14,000 d. $30,000 Explanation

Choice "c" is correct.

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2013 AICPA Newly Released Questions – Regulation

4 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

3. CPA-

Under the Sales Article of the UCC, which of the following circumstances best describes how the implied warranty of fitness for a particular purpose arises in a sale of goods transaction?

a. The buyer is purchasing the goods for a particular purpose and is relying on the seller's skill or judgment to select suitable goods.

b. The buyer is purchasing the goods for a particular purpose and the seller is a merchant in such goods.

c. The seller knows the particular purpose for which the buyer will use the goods and knows the buyer is relying on the seller's skill or judgment to select suitable goods.

d. The seller knows the particular purpose for which the buyer will use the goods and the seller is a merchant in such goods.

Explanation

Choice "c" is correct.

Page 5: 2013 AICPA Newly Released Questions-REG

2013 AICPA Newly Released Questions – Regulation

5 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

4. CPA-

Randolph is a single individual who always claims the standard deduction. Randolph received the following in the current year:

Wages $22,000 Unemployment compensation 6,000 Pension distribution (100% taxable) 4,000 A state tax refund from the previous year 425

What is Randolph’s gross income?

a. $22,000 b. $28,425 c. $32,000 d. $32,425 Explanation

Choice "c" is correct.

Page 6: 2013 AICPA Newly Released Questions-REG

2013 AICPA Newly Released Questions – Regulation

6 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

5. CPA-

Which of the following conditions must be met to form an agency?

a. An agency agreement must be in writing. b. An agency agreement must be signed by both parties. c. The principal must furnish legally adequate consideration for the agent's services. d. The principal must possess contractual capacity. Explanation

Choice "d" is correct.

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2013 AICPA Newly Released Questions – Regulation

7 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

6. CPA-

Johnson worked for ABC Co. and earned a salary of $100,000. Johnson also received, as a fringe benefit, group term-life insurance at twice Johnson's salary. The annual IRS-established uniform cost of insurance is $2.76 per $1,000. What amount must Johnson include in gross income?

a. $100,000 b. $100,276 c. $100,414 d. $100,552 Explanation

Choice "c" is correct.

Page 8: 2013 AICPA Newly Released Questions-REG

2013 AICPA Newly Released Questions – Regulation

8 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

7. CPA-

In return for a 20% partnership interest, Skinner contributed $5,000 cash and land with a $12,000 basis and a $20,000 fair market value to the partnership. The land was subject to a $10,000 mortgage that the partnership assumed. In addition, the partnership had $20,000 in recourse liabilities that would be shared by partners according to their partnership interests. What amount represents Skinner's basis in the partnership interest?

a. $27,000 b. $21,000 c. $19,000 d. $13,000 Explanation

Choice "d" is correct.

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2013 AICPA Newly Released Questions – Regulation

9 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

8. CPA-

Azure, a C corporation, reports the following:

• Pretax book income of $543,000. • Depreciation on the tax return is $20,000 greater than depreciation on the financial statements. • Rent income reportable on the tax return is $36,000 greater than rent income per the financial

statements. • Fines for pollution appear as a $10,000 expense in the financial statements. • Interest earned on municipal bonds is $25,000.

What is Azure's taxable income?

a. $528,000 b. $543,000 c. $544,000 d. $559,000 Explanation

Choice "c" is correct.

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2013 AICPA Newly Released Questions – Regulation

10 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

9. CPA-

Which of the following cannot be amortized for tax purposes?

a. Incorporation costs. b. Temporary directors' fees. c. Stock issuance costs. d. Organizational meeting costs. Explanation

Choice "c" is correct.

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11 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

10. CPA-

PDK, LLC had three members with equal ownership percentages. PDK elected to be treated as a partnership. For the tax year ending December 31, year 1, PDK had the following income and expense items:

Revenues $120,000 Interest income 6,000 Gain on sale of securities 8,000 Salaries 36,000 Guaranteed payments 10,000 Rent expense 21,000 Depreciation expense 18,000 Charitable contributions 3,000

What would PDK report as nonseparately stated income for year 1 tax purposes?

a. $30,000 b. $35,000 c. $43,000 d. $51,000 Explanation

Choice "b" is correct.

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2013 AICPA Newly Released Questions – Regulation

12 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

11. CPA-

For an individual business owner, which of the following would typically be classified as a capital asset for federal income tax purposes?

a. Accounts receivable. b. Marketable securities. c. Machinery and equipment used in a business. d. Inventory. Explanation

Choice "b" is correct.

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2013 AICPA Newly Released Questions – Regulation

13 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

12. CPA-

A CPA prepares a client's tax return containing business travel expenses without inquiring about the existence of documentation for the expenses. Which statement best describes the consequence of the CPA's lack of inquiry?

a. The CPA may be assessed a tax return preparer penalty. b. The CPA may be charged with preparing a fraudulent return. c. The client will not owe an understatement penalty if the return is audited and the expenses

disallowed. d. The client will not be subject to a fraud penalty. Explanation

Choice "a" is correct.

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14 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

13. CPA-

What is the due date of a federal estate tax return (Form 706), for a taxpayer who died on May 15, year 2, assuming that a request for an extension of time is not filed?

a. September 15, year 2. b. December 31, year 2. c. January 31, year 3. d. February 15, year 3. Explanation

Choice "d" is correct.

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15 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

14. CPA-

Under Treasury Circular 230, in which of the following situations is a CPA prohibited from giving written advice concerning one or more federal tax issues?

a. The CPA takes into account the possibility that a tax return will not be audited. b. The CPA reasonably relies upon representations of the client. c. The CPA considers all relevant facts that are known. d. The CPA takes into consideration assumptions about future events related to the relevant facts. Explanation

Choice "a" is correct.

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16 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

15. CPA-

A CPA prepares income tax returns for a client. After the client signs and mails the returns, the CPA discovers an error. According to Treasury Circular 230, the CPA must:

a. Document the error in the workpapers. b. Prepare an amended return within 30 days of the discovery of the error. c. Promptly advise the client of the error. d. Promptly resign from the engagement and cooperate with the successor accountant. Explanation

Choice "c" is correct.

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17 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

16. CPA-

A corporate taxpayer plans to switch from the FIFO method to the LIFO method of valuing inventory. Which of the following statements is accurate regarding the use of the LIFO method?

a. In periods of rising prices, the LIFO method results in a lower cost of sales and higher taxable income, when compared to the FIFO method.

b. The taxpayer is required to receive permission each year from the Internal Revenue Service to continue the use of the LIFO method.

c. The LIFO method can be used for tax purposes even if the FIFO method is used for financial statement purposes.

d. Under the LIFO method, the inventory on hand at the end of the year is treated as being composed of the earliest acquired goods.

Explanation

Choice "d" is correct.

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18 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

17. CPA-

Which of the following statements regarding an individual's suspended passive activity losses is correct?

a. $3,000 of suspended losses can be utilized each year against portfolio income. b. Suspended losses can be carried forward, but not back, until utilized. c. Suspended losses must be carried back three years and forward seven years. d. A maximum of 50% of the suspended losses can be used each year when an election is made to

forgo the carry-back period. Explanation

Choice "b" is correct.

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19 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

18. CPA-

Simmons gives her child a gift of publicly-traded stock with a basis of $40,000 and a fair market value of $30,000. No gift tax is paid. The child subsequently sells the stock for $36,000. What is the child’s recognized gain or loss, if any?

a. $4,000 loss. b. No gain or loss. c. $6,000 gain. d. $36,000 gain. Explanation

Choice "b" is correct.

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20 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

19. CPA-

Under the Negotiable Instruments Article of the UCC, what kind of indorsement is made by the use of the words “Lee Louis”?

a. Blank, nonrestrictive, and unqualified. b. Blank, nonrestrictive, and qualified. c. Special, nonrestrictive, and unqualified. d. Special, nonrestrictive, and qualified. Explanation

Choice "a" is correct.

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21 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

20. CPA-

An individual entered into several exchanges during the current tax year. Which of the following exchanges is classified as like-kind?

a. Partnership interest for partnership interest. b. Common stock for common stock. c. Apartment building for unimproved land. d. Manufacturing equipment for factory building. Explanation

Choice "c" is correct.

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2013 AICPA Newly Released Questions – Regulation

22 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

AICPA QUESTIONS RATED HARD DIFFICULTY 21. CPA-

When the AQR partnership was formed, partner Acre contributed land with a fair market value of $100,000 and a tax basis of $60,000 in exchange for a one-third interest in the partnership. The AQR partnership agreement specifies that each partner will share equally in the partnership's profits and losses. During its first year of operation, AQR sold the land to an unrelated third party for $160,000. What is the proper tax treatment of the sale?

a. Each partner reports a capital gain of $33,333. b. The entire gain of $100,000 must be specifically allocated to Acre. c. The first $40,000 of gain is allocated to Acre, and the remaining gain of $60,000 is shared equally by

the other two partners. d. The first $40,000 of gain is allocated to Acre, and the remaining gain of $60,000 is shared equally by

all the partners in the partnership. Explanation

Choice "d" is correct.

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23 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

22. CPA-

Summer, a single individual, had a net operating loss of $20,000 three years ago. A Code Sec. 1244 stock loss made up three-fourths of that loss. Summer had no taxable income from that year until the current year. In the current year, Summer has gross income of $80,000 and sustains another loss of $50,000 on Code Sec. 1244 stock. Assuming that Summer can carry the entire $20,000 net operating loss to the current year, what is the amount and character of the Code Sec. 1244 loss that Summer can deduct for the current year?

a. $35,000 ordinary loss. b. $35,000 capital loss. c. $50,000 ordinary loss. d. $50,000 capital loss. Explanation

Choice "c" is correct.

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24 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

23. CPA-

Which of the following types of conduct renders a contract void?

a. Mutual mistake as to facts forming the basis of the contract. b. Undue influence by a dominant party in a confidential relationship. c. Duress through physical compulsion. d. Duress through improper threats. Explanation

Choice "c" is correct.

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25 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

24. CPA-

On day 1, Jackson, a merchant, mailed Sands a signed letter that contained an offer to sell Sands 500 electric fans at $10 per fan. The letter was received by Sands on day 3. The letter contained a promise not to revoke the offer but no expiration date. On day 4, Jackson mailed Sands a revocation of the offer to sell the fans. Sands received the revocation on day 6. On day 7, Sands mailed Jackson an acceptance of the offer. Jackson received the acceptance on day 9. Under the Sales Article of the UCC, was a contract formed?

a. No contract was formed because the offer failed to state an expiration date. b. No contract was formed because Sands received the revocation of the offer before Sands accepted

the offer. c. A contract was formed on the day Jackson received Sands' acceptance. d. A contract was formed on the day Sands mailed the acceptance to Jackson. Explanation

Choice "d" is correct.

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26 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

25. CPA-

The sole shareholder of an S corporation contributed equipment with a fair market value of $20,000 and a basis of $6,000 subject to $12,000 liability. What amount is the gain, if any, that the shareholder must recognize?

a. $0 b. $6,000 c. $8,000 d. $12,000 Explanation

Choice "b" is correct.

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27 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

26. CPA-

In year 6, an IRS agent completed an examination of a corporation's year 5 tax return and proposed an adjustment that will result in an increase in taxable income for each of years 1 through year 5. All returns were filed on the original due date. The proposed adjustment relates to the disallowance of corporate jet usage for personal reasons. The agent does not find the error to be fraudulent or substantial in nature.

Which of the following statements regarding this adjustment is correct?

a. The adjustment is improper because an agent may only propose adjustments to the year under examination.

b. The adjustment is proper because there is no statute of limitations for improperly claiming personal expenses as business expenses.

c. The adjustment is proper because it relates to a change in accounting method, which can be made retroactively irrespective of the statute of limitations.

d. The adjustment is improper because the statute of limitations has expired for several years of the adjustment.

Explanation

Choice "d" is correct.

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28 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

27. CPA-

Carson owned 40% of the outstanding stock of a C corporation. During a tax year, the corporation reported $400,000 in taxable income and distributed a total of $70,000 in cash dividends to its shareholders. Carson accurately reported $28,000 in gross income on Carson’s individual tax return. If the corporation had been an S corporation and the distributions to the owners had been proportionate, how much income would Carson have reported on Carson’s individual return?

a. $28,000 b. $132,000 c. $160,000 d. $188,000 Explanation

Choice "c" is correct.

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29 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

28. CPA-

Which of the following may not be deducted in the computation of alternative minimum taxable income of an individual?

a. Traditional IRA account contribution. b. One-half of the self-employment tax deduction. c. Personal exemptions. d. Charitable contributions. Explanation

Choice "c" is correct.

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30 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

29. CPA-

The sale of which of the following types of business property should be reported as Section 1231 (Property Used in the Trade or Business and Involuntary Conversions) property?

a. Inventory held for resale. b. Machinery held for six months. c. Cattle held for 6 months. d. Land held for 18 months. Explanation

Choice "d" is correct.

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31 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

30. CPA-

Smith has an adjusted gross income (AGI) of $120,000 without taking into consideration $40,000 of losses from rental real estate activities. Smith actively participates in the rental real estate activities. What amount of the rental losses may Smith deduct in determining taxable income?

a. $0 b. $15,000 c. $20,000 d. $40,000 Explanation

Choice "b" is correct.

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32 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

31. CPA-

Pat created a trust, transferred property to this trust, and retained certain interests. For income tax purposes, Pat was treated as the owner of the trust. Pat has created which of the following types of trusts?

a. Simple. b. Grantor. c. Complex. d. Pre-need funeral. Explanation

Choice "b" is correct.

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33 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

32. CPA-

Individual Lark's year 2 brokerage account statement listed the following capital gains and losses from the sale of stock investments:

Short-term capital gain $6,000

Long-term capital gain 14,000

Short-term capital loss 4,000

Long-term capital loss

8,000

In addition, two stock investments became worthless in year 2. Public Company X stock was purchased in December, year 1, for $5,000, and formal notification was received by Lark on July, year 2, that it was worthless. Private company Section 1244 stock was issued to Lark for $10,000 in January, year 1, and was determined to be worthless in December, year 2. What is Lark's year 2 net capital gain or loss before any capital loss limitation?

a. $2,000 net capital loss. b. $3,000 net capital gain. c. $7,000 net capital loss. d. $8,000 net capital gain. Explanation

Choice "b" is correct.

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34 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

33. CPA-

The selection of an accounting method for tax purposes by a newly incorporated C corporation:

a. Is made on the initial tax return by using the chosen method. b. Is made by filing a request for a private letter ruling from the IRS. c. Must first be approved by the company's board of directors. d. Must be disclosed in the company's organizing documents. Explanation

Choice "a" is correct.

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35 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

34. CPA-

A review of Bearing's year 2 records disclosed the following tax information:

Wages $18,000

Taxable interest and qualifying dividends 4,000

Schedule C trucking business net income 32,000

Rental (loss) from residential property (35,000)

Limited partnership (loss)

(5,000)

Bearing actively participated in the rental property and was a limited partner in the partnership. Bearing had sufficient amounts at risk for the rental property and the partnership. What is Bearing's year 2 adjusted gross income?

a. $14,000 b. $19,000 c. $29,000 d. $54,000 Explanation

Choice "c" is correct.

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36 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

35. CPA-

Joe is the trustee of a trust set up for his father. Under the Internal Revenue Code, when Joe prepares the annual trust tax return, Form 1041, he:

a. Must obtain the written permission of the beneficiary prior to signing as a tax return preparer. b. Is not considered a tax return preparer. c. May not sign the return unless he receives additional compensation for the tax return. d. Is considered a tax return preparer because his father is the grantor of the trust. Explanation

Choice "b" is correct.

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37 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

36. CPA-

A CPA prepared a tax return that involved a tax shelter transaction that was disclosed on the return. In which of the following situations would a tax return preparer penalty not be applicable?

a. There was substantial authority for the position. b. It is reasonable to believe that the position would more likely that not be upheld. c. There was a reasonable possibility of success for the position. d. There was a reasonable basis for the position. Explanation

Choice "b" is correct.

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38 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

37. CPA-

What is the tax treatment of net losses in excess of the at-risk amount for an activity?

a. Any loss in excess of the at-risk amount is suspended and is deductible in the year in which the activity is disposed of in full.

b. Any losses in excess of the at-risk amount are suspended and carried forward without expiration and are deductible against income in future years from that activity.

c. Any losses in excess of the at-risk amount are deducted currently against income from other activities; the remaining loss, if any, is carried forward without expiration.

d. Any losses in excess of the at-risk amount are carried back two years against activities with income and then carried forward for 20 years.

Explanation

Choice "b" is correct.

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39 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

38. CPA-

What type of conduct generally will make a contract voidable?

a. Fraud in the execution. b. Fraud in the inducement. c. Physical coercion. d. Contracting with a person under guardianship. Explanation

Choice "b" is correct.

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2013 AICPA Newly Released Questions – Regulation

40 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

39. CPA-

A trust has distributable net income of $14,000 and distributes $20,000 to the sole beneficiary. What amounts are taxable to the trust and to the beneficiary?

Trust Beneficiary a. $14,000 $0 b. $0 $14,000 c. $14,000 $20,000 d. $0 $20,000 Explanation

Choice "b" is correct.

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41 © 2013 DeVry/Becker Educational Development Corp. All rights reserved.

40. CPA-

An individual paid taxes 27 months ago, but did not file a tax return for that year. Now the individual wants to file a claim for refund of federal income taxes that were paid at that time. The individual must file the claim for refund within which of the following time periods after those taxes were paid?

a. One year. b. Two years. c. Three years. d. Four years. Explanation

Choice "b" is correct.