Chapters 6&7 Flashcards
(40 cards)
What is the difference between tax evasion and tax avoidance?
Tax evasion is illegal avoidance of taxes; tax avoidance is the legal minimization of tax liability.
Are illegal income sources taxable?
Yes, receipts from embezzlement, fraud, extortion, and other illegal income are taxable in the year stolen.
What are the two main forensic audit approaches used by the IRS?
Direct methods and indirect methods.
What is the direct method in IRS audits?
Probing missing income using specific evidence like canceled checks, deeds, and public records.
What is the indirect method in IRS audits?
Reconstructing finances using circumstantial evidence like lifestyle probes and financial status.
When can indirect methods be used?
When records are inadequate, income is omitted, or expenses exceed reported income without clear explanation.
What are common clues in lifestyle probes?
Lavish homes, luxury cars, private schools, exotic vacations, expensive clothes/jewelry.
What is the Cash T method?
Analysis of all cash received and spent, identifying unexplained excess as potential unreported income.
What is the Source and Application of Funds method?
Comparing applications (spending) to sources (income); excess applications may indicate unreported income.
What is the Net Worth method?
Comparing beginning and ending net worth, plus living expenses, to identify unreported income.
What is the Bank Deposit method?
Examining deposits to reconstruct gross taxable receipts.
What are possible explanations for excess income?
Cash hoard, loans, inheritance, gifts.
What is contract and procurement fraud?
Fraud when a party knowingly misleads with intent to deceive or defraud in a contract.
What is a bribery/kickback scheme?
Exchange of something of value (cash, gifts) for a benefit (contracts, loans, grades, legislation).
What is money laundering?
Concealing the origin of funds to make them usable without legal restrictions or penalties.
What are the three steps of money laundering?
Placement, layering, integration.
What tools do banks use to identify money laundering?
Monitoring software, Currency Transaction Reports (CTR), Suspicious Activity Reports (SAR), know-your-customer policies.
What are some money laundering workarounds?
Shell companies, cash-based businesses, smurfing, overseas accounts, charities.
What are the main U.S. laws on money laundering?
Title 18 U.S.C. §1956 and §1957.
What was the purpose of the USA PATRIOT Act of 2001?
Strengthen anti-money laundering, improve surveillance, tighten immigration laws, and fight terrorism.
What are key USA PATRIOT Act requirements for banks?
Anti-money laundering programs, compliance officers, customer identity verification, training, independent audits.
What are newer tools used in money laundering?
Cryptocurrency, hawalas, prepaid cards, offshore banks, virtual worlds, black market currency exchanges.
IRS agents have unlimited discretion to use an indirect method to determine unreported income
False
A taxpayer has the burden of proving the existence of a cash hoard
True