Enrolled Agent Review Program

Instructor: Marlene Murphy, B.S.A., M.S.A, E.A. 

Subject: The EA SEE Teat Prep Business Course #RU73ZP0243  

Contact: (708) 720-4547 Phone or (731) 518-4046 Fax

Program Number:

#RU73ZP0243  

Email:mmurphy@accountax.us

This review course has been designed to incorporate the following topic areas of taxation. The material has been updated to reflect the 2015 tax year. Changes have been made to the content of the material, per the IRS specifications and for the Prometric Testing beginning May 1, 2015.

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After completing courses, please submit the Course Evaluation.

After completing each Prometric examination, please return to submit the Feedback Form.

Update Information:

Beginning immediately, the IRS will begin allowing continuing education credit for each of the three parts of the Enrolled Agent Special Enrolled ( SEE) test preparation programs. Students may now earn up to five hours of federal tax continuing education credit for preparation of the EA Test for each Parts 1 and 2, and two credit hours of ethics for Part 3.  The maximum amount for SEE preparation programs is 12 credit hours.

 

According to the Internal Revenue Service Circular 230, 10.6(g) Enrolled Agents and Enrolled Retirement Plan Agents must qualify for the renewal of  enrollment. In order to qualify for renewal of enrollment, an individual enrolled to practice before the Internal Revenue Service must certify on the application for renewal form prescribed by the Director of Practice that he or she has satisfied the requirement for continuing professional education. Requirements for enrollment cycle. A minimum of 72 hours of continuing education credit must be completed during each enrollment cycle. A minimum of 16 hours of continuing education credit, including 2 hours of ethics or professional conduct, must be completed during each enrollment year of an enrollment cycle.  An individual who receives initial enrollment during an enrollment cycle must complete 2 hours of qualifying continuing education credit for each month enrolled during the enrollment cycle.

Continuing Education for Tax Professionals

 
IRS oversees continuing education requirements and the approval of CE providers for two categories of tax professionals:
  • Enrolled Agents
    • 72 hours every three years
      • A minimum of 16 hours and 2 hours of ethics per year
  • Enrolled Retirement Plan Agents
    • 72 hours every three years
      • A minimum of 16 hours and 2 hours of ethics per year

 

Examination Content Outline

The following outline is a list of topics for each part of the examination. Not every topic on the list will necessarily appear

on the examination and the list should not be viewed as all-inclusive. Some topics may appear in more than one

examination part. This list is also available at www.prometric.com/see.

Part 3 – Representation, Practices and

Procedures

1. Practices and Procedures –

25 Questions

1.1. Practice before the IRS

- What constitutes practice before the IRS

- Categories of individuals who may practice and

extent of practice privileges

1.2. Requirements for Enrolled Agents

- Information to be furnished to the IRS

- Omission or error on return, document, or

affidavit

- Rules for employing or accepting assistance

from former IRS employees or

disbarred/suspended persons

- Rules for restrictions on advertising, solicitation

and fee information

- Fee rules (e.g., contingent, unconscionable)

- Due diligence requirements

- Conflict of interest

- Rules for refund check negotiation

- Standards for written advice, covered opinions,

tax return positions and preparing returns

- Continuing education requirements

- Tax shelters

- Enrollment cycle and renewal

- Rules for prompt disposition of matters before

the IRS

- Rules for returning a client's records and

documents

- PTIN requirements

- Practitioner supervisory responsibilities

(Circular 230 section 10.36)

1.3. Sanctionable acts

- Disreputable conduct that may result in a

disciplinary proceeding

- Sanctions imposed by the Office of Professional

Responsibility

- Frivolous submissions (returns and documents)

- Fraudulent transactions (e.g., badges of fraud)

1.4. Rules and penalties

- Assessment and appeal procedures for

preparer penalties

- Types of penalties (e.g., negligence,

substantial understatement, overvaluation)

- Furnishing a copy of a return to a taxpayer

- Signing returns and furnishing identifying

numbers

- Keeping copies or lists of returns prepared

- Employees engaged or employed during a

return period (e.g. IRC section 6060)

- Preparer due diligence and penalty involving

the earned income credit

2. Representation before the IRS –

24 Questions

2.1. Power of attorney

- Purpose of power of attorney

- Signature authority (e.g., extension of

assessment period, closing agreement)

- Authority granted by taxpayer

- Limitations on signing tax returns on behalf of

taxpayer

- Proper completion of power of attorney (Form

2848)

- Alternate forms of power of attorney (durable)

- Rules for client privacy and consent to disclose

- Distinctions between power of attorney (Form

2848) and tax information authorization

(Form8821)

- Requirements to be met when changing or

dropping representatives or withdrawal of

representative

- Purpose of a Centralized Authorization File

(CAF) number

- Conference and practice requirements

(Publication 216)

2.2. Building the taxpayer’s case-Preliminary

work

- Identification of tax issue(s) with supporting

details

- Potential for criminal aspects

- Competence, expertise and time to handle

issue

- Conflict of interest

- Transcripts from IRS (e.g., access to and use

of e-services)

2.3. Taxpayer financial situation

- Taxpayer's ability to pay the tax (e.g.,

installment agreements, offer in compromise)

2

- General financial health (e.g., filed for

bankruptcy, lawsuits, garnishments, cash flow,

assets, and insolvency)

- Third-party research (e.g., property

assessment for municipal taxes, asset values,

state and local tax information)

- Discharge of the tax liability in bankruptcy

- IRS Collection Financial Standards

2.4. Supporting documentation

- Financial documents (e.g., cancelled checks or

equivalent, bank statements, credit card

statements, receipts, brokerage records)

- Legal documents (e.g., birth certificate, divorce

decrees, lawsuit settlements)

- Prior and subsequent tax returns

- Other substantive and contemporaneous

documentation (e.g., corporate minutes)

- Employment reimbursement policies

- Business entity supporting documents (e.g.,

partnership agreement, corporate bylaws)

- Expense records (e.g., deductible, allowable,

personal, mileage log)

2.5. Legal authority and references

- Internal Revenue Code

- Income tax regulations

- Revenue rulings

- Revenue procedures

- IRS notices

- Case law

- IRS publications

- Private letter ruling

- Form and instructions

- Internal Revenue Manual

- Authoritative versus non-authoritative source

material

- Tax treaties and other internal agreements

2.6. Related issues

- Statute of limitations

- Post-filing correspondence (e.g., math error

notices, under-reporting notices)

- Deadlines and timeliness requirements

- Third-party correspondence (e.g., witness

communications, employment records)

- Freedom of Information Act (FOIA) requests

- Tax avoidance vs. tax evasion

- Tax return disclosure statements

- Taxpayer Advocate Service (e.g., criteria for

requesting assistance)

- Identity Theft

- Judicial levels of representation beyond the

scope of EA representation

3. Specific Types of Representation –

19 Questions

3.1. Representing a taxpayer in the collection

process

- Extension of time to pay (e.g., Form 1127)

- Installment agreements

- Types of offer in compromise

Collection appeals program (e.g., denial of

installment agreements, discharge

applications)

- Collection appeals and due process (e.g., lien,

levy, and Form 12153)

- Adjustments to the taxpayer’s account (e.g.,

abatements and refund offsets)

- Requesting an audit reconsideration (e.g.,

documents and forms)

- Decedent Issues

- Collection notice and Notice of Federal Tax Lien

- Levy and seizure of taxpayer's property

- Case being reported Currently Not Collectable

(e.g., reasons and reactivation)

- IRS Collection Summons (e.g., purposes)

- Collections statute of limitations

- Trust fund recovery penalty

- Amended returns and claims for refund (e.g.,

Form 1040X, Form 843, appropriateness and

timeliness)

3.2. Penalties and/or interest abatement

- Penalties subject to abatement

- Basis for having penalties abated or refunded

- Reasonable cause

- Basis for having interest abated or refunded

- Interest recalculation

- Procedures for requesting abatement

3.3. Representing a taxpayer in

audits/examinations

- IRS authority to investigate

- Limited practitioner privilege (e.g., IRC section

7525)

- Verification and substantiation of entries on the

return

- IRS authority to fix time and place of

investigation

- Steps in the process (e.g., initial meeting,

submission of IRS requested information)

- Innocent spouse

- Interpretation and analysis of revenue agent

report (RAR) (e.g., 30-day letter)

- Interpretation and analysis of CP-2000 notice

and Correspondence audits

- Explanations of taxpayer options (e.g. agree or

appeal)

- Special procedures for partnership audits (e.g.,

unified audit procedures for TEFRA)

- Preparer conflict of interest

3.4. Representing a taxpayer before appeals

- Right to appeal revenue agent findings

- Request for appeals consideration (e.g.,

preparation, elements contained)

- Enrolled Agent appearance at appeals

conference

- Settlement function of the appeals process

- Issuance of 90-day letter

3

4. Completion of the Filing Process –

17 Questions

4.1. Accuracy

- Reliance on software (e.g. review of results)

- Inconsistencies within the source data

- Miscalculations

- Recognition of duplicate entries

4.2. Information shared with taxpayer

- Record-keeping requirements

- Significance of signature (e.g., joint and

several liability, penalty of perjury)

- Consequences of dishonesty

4.3. Record maintenance

- Length of time to retain returns and records

- List of returns prepared (e.g. name, social

security number, and type of return)

- EITC due diligence requirements

- Security of taxpayer data (e.g., electronic and

paper)

4.4. Electronic filing

- Application process to be an e-file provider

(e.g., e-services, EFIN)

- E-file mandate and exceptions (Form 8948)

- Advertising standards

- Definition and responsibilities of an ERO

- Levels of infractions

- Compliance requirements to continue in

program

- EFIN revocation appeal process

- E-file authorization and supporting

documentation (e.g. Form 8879 and Form

8453)

- Rejected returns and resolution (e.g. client

notification)

- Identity theft procedures and resolution (e.g.,

IP PIN)