Chapters 6&7 Flashcards

(40 cards)

1
Q

What is the difference between tax evasion and tax avoidance?

A

Tax evasion is illegal avoidance of taxes; tax avoidance is the legal minimization of tax liability.

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2
Q

Are illegal income sources taxable?

A

Yes, receipts from embezzlement, fraud, extortion, and other illegal income are taxable in the year stolen.

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3
Q

What are the two main forensic audit approaches used by the IRS?

A

Direct methods and indirect methods.

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4
Q

What is the direct method in IRS audits?

A

Probing missing income using specific evidence like canceled checks, deeds, and public records.

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5
Q

What is the indirect method in IRS audits?

A

Reconstructing finances using circumstantial evidence like lifestyle probes and financial status.

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6
Q

When can indirect methods be used?

A

When records are inadequate, income is omitted, or expenses exceed reported income without clear explanation.

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7
Q

What are common clues in lifestyle probes?

A

Lavish homes, luxury cars, private schools, exotic vacations, expensive clothes/jewelry.

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8
Q

What is the Cash T method?

A

Analysis of all cash received and spent, identifying unexplained excess as potential unreported income.

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9
Q

What is the Source and Application of Funds method?

A

Comparing applications (spending) to sources (income); excess applications may indicate unreported income.

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10
Q

What is the Net Worth method?

A

Comparing beginning and ending net worth, plus living expenses, to identify unreported income.

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11
Q

What is the Bank Deposit method?

A

Examining deposits to reconstruct gross taxable receipts.

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12
Q

What are possible explanations for excess income?

A

Cash hoard, loans, inheritance, gifts.

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13
Q

What is contract and procurement fraud?

A

Fraud when a party knowingly misleads with intent to deceive or defraud in a contract.

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14
Q

What is a bribery/kickback scheme?

A

Exchange of something of value (cash, gifts) for a benefit (contracts, loans, grades, legislation).

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15
Q

What is money laundering?

A

Concealing the origin of funds to make them usable without legal restrictions or penalties.

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16
Q

What are the three steps of money laundering?

A

Placement, layering, integration.

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17
Q

What tools do banks use to identify money laundering?

A

Monitoring software, Currency Transaction Reports (CTR), Suspicious Activity Reports (SAR), know-your-customer policies.

18
Q

What are some money laundering workarounds?

A

Shell companies, cash-based businesses, smurfing, overseas accounts, charities.

19
Q

What are the main U.S. laws on money laundering?

A

Title 18 U.S.C. §1956 and §1957.

20
Q

What was the purpose of the USA PATRIOT Act of 2001?

A

Strengthen anti-money laundering, improve surveillance, tighten immigration laws, and fight terrorism.

21
Q

What are key USA PATRIOT Act requirements for banks?

A

Anti-money laundering programs, compliance officers, customer identity verification, training, independent audits.

22
Q

What are newer tools used in money laundering?

A

Cryptocurrency, hawalas, prepaid cards, offshore banks, virtual worlds, black market currency exchanges.

23
Q

IRS agents have unlimited discretion to use an indirect method to determine unreported income

24
Q

A taxpayer has the burden of proving the existence of a cash hoard

25
IRS agents often use an expenditure approach when a taxpayer is purchasing assets rather than spending lavishly
True
26
One can be convicted of money laundering for laundering money represented to be the proceeds from a specified unlawful activity, even if the funds are not actually proceeds from a specified unlawful activity
True
27
The indirect method should be used when
A taxpayer has inadequate books and records
28
Which federal statute for charging money laundering is easier to prove
Title 18, USC Section 1957
29
All money laundering techniques have the overall objective to disguise the origin of the funds
True
30
A number of universities were caught illegally using money laundering techniques to convert federal grant monies into discretionary spending
False
31
The US department of treasury requires banks to file CTRs about transactions
Above $10,000 and SARS for transactions as noticed by bank personnel
32
Smurfing is
a money laundering technique in which conderates of the money launderer deposit random amounts of less than $10,000 into variously named accounts at a number of different banks
33
A first step in a money laundering operation is to
Deposit illegal money into the banking system
34
Title III of the USA Patriot Act of 2001 amended which statutes?
Bank Secrecy Act of 1970 Money Laundering Control Act of 1986
35
In the money laundering process, layering is
Transferring monies from one bank account to another
36
Structuring can refer to the process of
Sequencing a series of cash withdrawals that fall below the $10,000 criteria to trick the financial institution into not reporting the withdrawals to the federal authorities
37
A hawala is a form of an underground banking system
That allows for the transfer of funds between individuals who record the transactions and which are conducted off the grid
38
Blockchain is essentially a
Ledger system
39
Car washes and casinos are businesses that are attractive operations for money laundering
True
40
Rita Crundwell
Did not serve her entire sentence