Professional Documents
Culture Documents
1. The federal Fair Debt Collection Practices Act prohibits a debt collector from
engaging in unfair practices. Under the Act, a debt collector generally can be
prevented from
A. Communicating with a debtor who is represented by an attorney.
B. Contacting a third party to ascertain a debtors location.
C. Commencing a lawsuit to collect a debt.
D. Continuing to collect a debt.
ANSWER: A
This answer is correct. The requirement is to identify the act that a debt collector
is prevented from performing. Once a debtor is represented by an attorney, the debt
collector should communicate with that attorney rather than communicating with the
debtor. Therefore, this answer is correct.
$10,000
12,000
4,000
2,000
6,000
A. $34,000
B. $28,000
C. $22,000
D. $26,000
ANSWER: D
This answer is correct. The requirement is to determine a trusts accounting income.
In fiduciary accounting, all receipts and disbursements are classified as either
income or corpus (principal). For example, interest on state bonds may constitute
accounting income even though not included in gross income for tax purposes. Other
items, for example capital gain, would be included in gross income for tax purposes
but may be classified as corpus (principal) for fiduciary accounting purposes. Any
items allocated to corpus (principal) are not included in the computation of a
trusts accounting income. Here, the trusts accounting income includes the $10,000
of dividends, $12,000 of interest from corporate bonds, and $4,000 of tax-exempt
interest from state bonds, but excludes the capital gain and trustee fee which are
allocated to corpus (principal).
4. A taxpayer sold for $200,000 equipment that had an adjusted basis of $180,000.
Through the date of the sale, the taxpayer had deducted $30,000 of depreciation. Of
this amount, $17,000 was in excess of straight-line depreciation. What amount of
gain would be recaptured under Section 1245 (Gain from Dispositions of Certain
Depreciable Property)?
A. $17,000
B. $30,000
C. $20,000
D. $13,000
ANSWER: C
This answer is correct. The requirement is to determine the amount of gain that
would be recaptured under Sec. 1245 upon the sale of equipment. Sec. 1245
recaptures gain as ordinary income on the disposition of Sec. 1245 property to the
extent of all depreciation (including straight-line) previously deducted. However,
the amount of gain recaptured cannot exceed the amount of recognized gain. Here,
the recapture is limited to the recognized gain of $20,000.
Selling price
Cost
Depreciation
Adjusted basis
Recognized gain
$200,000
$210,000
(30,000)
(180,000)
$ 20,000
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$ 280,000
34,000
$ 314,000
10%
$ 31,400
6. On January 8, 2013, Richard Bannerman, age 52 and single, sold for $320,000 his
personal residence which had been his principal residence for the past 20 years and
had an adjusted basis of $60,000. On May 1, 2013, he purchased a new residence for
$420,000. For 2013, Bannerman should recognize a gain on the sale of his residence
of
A. $ 10,000
B. $135,000
C. $ 15,000
D. $0
ANSWER: A
This answer is correct. An individual may exclude from income up to $250,000 of
gain that is realized on the sale or exchange of a residence, if the individual
owned and occupied the residence as a principal residence for an aggregate of at
least 2 of the 5 years preceding the sale or exchange. Since Bannerman qualifies to
exclude $250,000 of his $260,000 realized gain, Bannerman must recognize a gain of
$10,000.
11. In 2013, Mandalay, who is single, gave an ouCNC Metalght gift of $15,000 to a
friend, Mike, who needed the money to pay tuition at an accredited university. In
filing his 2013 gift tax return, Mandalay was entitled to a maximum exclusion of
A. $12,000
B. $13,000
C. $0
D. $15,000
ANSWER: B
This answer is correct. The requirement is to determine the maximum exclusion
available on Mandalays 2013 gift tax return for the $15,000 gift to Mike who needed
the money to pay university tuition. The first $14,000 ($13,000 for 2012) of gifts
made to a donee during the calendar year (except gifts of future interests) is
excluded in determining the amount of the donors taxable gifts for 2013. Note that
Mandalay does not qualify for the unlimited exclusion for tuition paid on behalf of
a donee, because Mandalay did not pay the $15,000 as tuition to an educational
organization on Mikes behalf.
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Prescription drugs
Hospitals and doctors
Total
$ 470
700
$1,170
The lost-income policy does not qualify as medical insurance, and the
nonprescription drugs do not qualify as deductible medical expenses.
13. Margo owes a total of $50,000 to eight unsecured creditors and one fully secured
creditor. Rusk is one of the unsecured creditors and is owed $14,800. Rusk has filed
a petition against Margo under the liquidation provisions of the Bankruptcy Code.
Margo has been unable to pay Margos debts as they become due and Margos
liabilities exceed Margos assets. Margo has filed the papers that are required to
oppose the bankruptcy petition. Which of the following statements is correct?
A. The petition will be granted because Margos liabilities exceed Margos assets.
B. The petition will be dismissed because three unsecured creditors must join in the
filing of the petition.
C. The petition will be dismissed because the secured creditor failed to join in the
filing of the petition.
D. The petition will be granted because Margo is unable to pay Margos debts as they
become due.
ANSWER: D
This answer is correct. Under an involuntary bankruptcy petition, if there are fewer
than 12 creditors, a single creditor may file the petition as long as his/her claim
is $14,425 in excess of any security s/he may hold. If the involuntary petition in
bankruptcy is not contested, it will automatically result in the entry of an order
for relief by the bankruptcy court. However, if the petition is contested, the
creditor(s) are required to prove either that the debtor is not paying his/her debts
as they mature, or that during the 120 days preceding the filing of a petition, a
custodian took possession of the debtors property. In this situation, there are
fewer than 12 creditors which enables Rusk, as an unsecured creditor owed more than
$14,425, to file a bankruptcy petition against Margo. Even though Margo has
contested this bankruptcy petition, it will be granted since Rusk can prove Margo is
unable to pay Margos debts as they mature.
14. In January 2012, Martin and Louis formed a partnership with each conCNC
Metalbuting $75,000 cash. The partnership agreement provided that Martin would
receive a guaranteed payment of $20,000 and that partnership profits and losses
(computed after deducting Martins guaranteed payment) would be shared equally. For
the year ended December 31, 2012, the partnerships operations resulted in a loss of
$18,000 after deducting the $20,000 guaranteed payment made to Martin. The
partnership had no outstanding liabilities as of December 31, 2012. What is the
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15. Jasmin Corporation received a loan from Tudor Finance Company. As part of the
signed written agreement, Tudor required that one of the members of the board of
directors of Jasmin Corporation act as a surety for the entire loan. The loan
agreement also called for some of Jasmins real estate to be used as collateral for
50% of the loan. Which of the following is not correct?
A. When the loan is due, if the collateral does not conCNC Metalbute to half of the
loan, Tudor may seek to recover the entire remainder from the surety without
resorting to the corporation.
B. Tudor may choose to proceed against the surety for the entire loan when the loan
is due.
C. When the loan is due, Tudor must first seek collection of the loan from Jasmin
before resorting to the surety or the collateral.
D. If Tudor recovers more than half of the loan amount upon resale of the
collateral, Tudor must pay the excess to Jasmin.
ANSWER: B
This answer is correct because Tudor does have the right to proceed immediately
against the surety for the full amount of the loan without needing to first seek
remedies against the principal debtor, Jasmin, or the collateral.
16. Giovani owed Lundin $5,000. As the result of an unrelated transaction, Lundin
owed Bing that Richarde amount. The three parties signed an agreement that Giovani
would pay Bing instead of Lundin and Lundin would be discharged from all liability.
The agreement among the parties is
A. An executed accord and satisfaction.
B. A novation.
C. Voidable at Bings option.
D. Unenforceable for lack of consideration.
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17. Randolph is the grantor of a trust over which Randolph has retained a
discretionary power to receive income. Lisa, Randolphs child, receives all taxable
income from the trust unless Randolph exercises the discretionary power. To whom is
the income earned by the trust taxable?
A. To Lisa and Randolph in proportion to the disCNC Metalbutions paid to them from
the trust.
B. To the trust to the extent it remains in the trust.
C. To Lisa as the beneficiary of the trust.
D. To Randolph because he has retained a discretionary power.
ANSWER: D
This answer is correct. The requirement is to determine to whom the trusts income
is taxable when the grantor has retained a discretionary power to receive income.
When the grantor of a trust retains substantial control over the trust, such as the
power to revoke the trust or a discretionary power to have trust income disCNC
Metalbuted to the grantor or grantors spouse, the income from the trust will be
taxed to the grantor. In this case, because Randolph retained a discretionary power
to receive the trusts income, all of the trusts income will be taxed to Randolph
even though the income is retained by the trust or disCNC Metalbuted to the trusts
beneficiary (Lisa).
18. To which of the following people does the 1967 Age Discrimination in Employment
Act apply?
A. A 45-year-old assistant controller at a tool and die company employing 200
people.
B. A 52-year-old waitress at a cafe employing 12 people.
C. A 16-year-old checkout clerk at a grocery store employing 40 people.
D. A 38-year-old mechanic in an auto shop employing 15 people.
ANSWER: A
This answer is correct because the Age Discrimination in Employment Act generally
applies to the employment of individuals at least 40 years old by businesses
employing at least 20 people.
19. Sumfeld entered into a written agreement to sell a parcel of land to Sandberg
for $50,000. At the time the agreement was executed, Sumfeld had consumed a large
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21. Wendt is a residential tenant with a 10-year written lease. In the absence of
specific provisions in the lease to the contrary, which of the following statements
is correct?
A. Wendt may not assign the lease.
B. The landlords death will automatically terminate the lease.
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23. McCoy purchased from Liam Truck Sales a truck which had serious mechanical
problems. McCoy learned of the defects 6 months after the date of sale. Five years
after the date of sale McCoy commenced an action for breach of warranty against
Liam. Liam asserts the statute of limitations as a defense. Which of the following
statements made by Liam is correct?
A. McCoy was required to bring the action within the statute of limitations as
measured from Liams tender of delivery.
B. A clause in the original contract reducing the statute of limitations to 9 months
is enforceable.
C. McCoy is precluded from asserting under any circumstances that the statute of
limitations stopped running.
D. McCoy was required to bring the action within the statute of limitations as
measured from the time the breach was discovered or should have been discovered.
ANSWER: A
This answer is correct because concerning breach of an implied warranty the statute
of limitations begins to run when delivery of the defective goods is tendered.
24. Feldstein entered into a contract with Max on behalf of Nathan. By doing so,
Feldstein acted outside the scope of his authority as Nathans agent. Nathan may be
held liable on the contract if
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25. Which of the following is true under the Family and Medical Leave Act?
A. The employee has the right to up to 12 workweeks of paid leave to care for his or
her newborn baby.
B. This Act covers employees of all corporations and partnerships.
C. The employee has the right to up to 12 workweeks of paid leave for the employees
own serious medical problems.
D. The employee has the right to up to 12 workweeks of unpaid leave to care for his
or her spouse who has a serious health problem.
ANSWER: D
This answer is correct. The employee has the right to up to 12 workweeks of unpaid
leave to care for his or her spouse who has a serious health problem.
26. Morris Company contracted with a common carrier to have goods transported that
she had sold to a customer FOB destination. The contract between the common carrier
and Morris specified in clear terms that liability of the common carrier is limited
to $100 per shipment unless a higher limit is chosen by paying more. Morris did not
select a higher limit. The goods, worth $900, were destroyed in transit. Which of
the following is not true?
A. The clause limiting liability to a $100 limit is invalid as against public
policy.
B. The common carrier is liable for $100 at most but may be liable for no damages.
C. If the goods were damaged because Morris improperly packaged the goods, the
common carrier is not liable for any damages.
D. If the cause of the loss was a flood, the common carrier is not liable for any
damages.
ANSWER: A
This answer is correct. Common carriers are allowed to limit liability to a dollar
amount specified in the contract
27. Which type of job is considered nonexempt with respect to minimum wage and
overtime pay provisions of the Fair Labor Standards Act?
A. Factory line workers
B. Professionals
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The
31. Dice, Inc. is a reporting company under the Securities Exchange Act of 1934. The
only security Dice issued is voting common stock. With regard to Dices proxy
solicitation requirements, which of the following statements is correct?
A. Dice need not provide any particular information to its shareholders unless Dice
is soliciting proxies from them.
B. Dice must file its proxy statements with the SEC even though it has only one
class of stock outstanding.
C. Dices current unaudited financial statements must be sent to each shareholder
with every proxy solicitation.
D. Shareholder proposals need not be included in the proxy statements unless
consented to by a majority of Dices board of directors.
ANSWER: B
This answer is correct. Under the Securities Exchange Act of 1934, a reporting
company that is soliciting proxies must file its proxy statement with the SEC. There
is no exemption if the company has only one class of stock.
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32. Keeley purchased real property from Hart and received a warranty deed with full
covenants. Recordation of this deed is
A. Irrelevant if the subsequent party claiming superior title had actual notice of
the unrecorded deed.
B. Required primarily for the purpose of providing the local taxing authorities with
the information necessary to assess taxes.
C. Necessary to vest the purchasers legal title to the property conveyed.
D. Not necessary if the deed provides that recordation is not required.
ANSWER: A
This answer is correct because recordation of a deed gives constructive notice to
the world that title to the property has been conveyed. Therefore, the primary
purpose of recording is to protect the grantee against subsequent purchasers by
putting subsequent purchasers on notice. If the subsequent party claiming
superior title had actual notice of the unrecorded deed, then the recordation
objective would have been met and recordation of the deed would be irrelevant with
regard to this particular party. An unrecorded deed is binding upon all persons
having actual notice of its existence.
33. Nathan purchased an automobile from Wilson Auto Sales under a written contract
by which Wilson obtained a security interest to secure payment of the purchase
price. Wilson reserved the right to repossess the automobile if Nathan failed to
make any of the required ten payments. Ambrose, an employee of Wilson, was
instructed to repossess the automobile on the ground that Nathan had defaulted in
making the third payment. Ambrose took possession of the automobile and delivered
it to Wilson. It was then discovered that Nathan was not in default. Which of the
following is incorrect?
A. Ambrose is not liable for the wrongful repossession of the automobile since he
was obeying the direct order of Wilson.
B. If Ambrose must pay in damages, he will be entitled to indemnification from
Wilson.
C. Nathan may sue and collect from either Wilson or Ambrose.
D. Nathan has the right to regain possession of the automobile and to collect
damages.
ANSWER: A
This answer is correct because the statement is false. Ambroses act of repossessing
the car constituted the tort of conversion. An agent or employee is always liable
for his own torts, even if committed in the course of discharging his duties.
Securities Act of
Reg6
A.
B.
C.
D.
Registration statement
Yes
Yes
No
No
A. D
B. B
C. A
D. C
ANSWER: C
This answer is correct because in attempting to assure that potential investors are
provided with all material information needed to make a prudent investment decision,
the Securities Act of 1933 requires issuers to file both a registration statement
and a prospectus.
35. Accountants that prepare tax returns should be familiar with federal laws and
regulations with respect to the privacy of client information. These laws and
regulations include all of the following provisions except:
A. Accountants are required to develop, implement, and maintain a comprehensive
information security program that outlines the ways in which they protect client
information.
B. Accountants are required to notify their clients that the accountants are
providing their confidential information to outsourcing firms for processing.
C. Accountants are responsible for maintaining the confidentiality of information
that is outsourced for processing.
D. Accountants are prohibited from disclosing to a nonaffiliated third party any
nonpublic personal information about their clients.
ANSWER: B
This answer is correct. It is not required by law.
36. Angela, John, and Richard have formed a partnership with each agreeing to conCNC
Metalbute $100,000. John and Richard each conCNC Metalbuted $100,000 cash. Angela
conCNC Metalbuted $75,000 cash and agreed to pay an additional $25,000 2 years
later. After 1 year of operations, the partnership is insolvent. The liabilities and
fair market value of the assets of the partnership are as follows:
Assets:
Cash
Trade accounts receivable
Receivable from Angela
Equipment
$40,000
35,000
25,000
100,000
$200,000
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37. Which one of the following statements is correct regarding the credit for
adoption expenses?
A. For purposes of computing the credit, qualified adoption expenses are always
taken into account in the year the adoption is finalized.
B. The credit for adoption expenses is a nonrefundable credit for 2012.
C. An eligible child is an individual who has not attained the age of 17 as of the
time of adoption.
D. The maximum credit is $5,000 for the adoption of a child with special needs.
ANSWER: B
This answer is correct. The adoption expenses credit is a nonrefundable credit for
up to $12,650 (for 2012) of expenses incurred to adopt an eligible child. An
eligible child is one who is under 18 years of age at time of adoption, or
physically or mentally incapable of self-care. Generally, adoption expenses incurred
or paid during a tax year prior to the year in which the adoption is finalized may
be claimed as a credit in the tax year following the year the expense was incurred.
Adoption expenses incurred during the year the adoption becomes final or in the year
following the finalization of the adoption are claimed in the year they were
incurred.
38. In connection with a check and a promissory note, which of the following is
correct?
A. A promissory note may only be made payable to the order of a named payee.
B. A promissory note may only be payable at a stated time in order to meet the
requirements for negotiability.
C. A check may be made payable to the order of the drawer or to bearer.
D. A check may be made payable upon the happening of an event uncertain as to the
time of occurrence without affecting its negotiability.
ANSWER: C
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39. On April 2, Tom agreed to sell a computer to Reed for $390. At the time of
delivery, Reed gave Tom $90 and a written instrument, signed by Reed, in which Reed
promised to pay Tom the balance on April 20. The instrument also made a reference to
the sale of the computer. Under the UCC Negotiable Instruments Article, the
instrument is a
A. Nonnegotiable draft.
B. Negotiable time draft.
C. Trade acceptance.
D. Promissory note.
ANSWER: D
This answer is correct. A promissory note is a two-party instrument in which the
maker promises to pay the payee a specified sum of money. In this situation, Reed is
the maker and Tom is the payee. A promissory note may make reference to the
underlying transaction such as the sale of the computer without destroying
negotiability.
40. Under the Negotiable Instruments Article of the UCC, which of the following
statements is correct regarding a check?
A. A check does not need to be drawn on a bank.
B. A check is an order to pay money.
C. A check does not need to be payable on demand.
D. A check is a promise to pay money.
ANSWER: B
This answer is correct. An order to pay money is one of the characteristics of a
check.
41. Forte and Scrippens both claim a security interest in the Richarde collateral.
Fortes security interest attached on January 1, and was perfected by filing on
March 1. Scrippenss security interest attached on February 1, and was perfected on
April 1, by taking possession of the collateral. Which of the following statements
is correct?
A. Scrippenss security interest has priority because Scrippens is in possession of
the collateral.
B. Scrippenss security interest has priority because Scrippenss interest attached
before Fortes interest was perfected.
C. Fortes security interest has priority because Fortes security interest
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43. Zulan Corp. intends to make a public offering in several states of 250,000
shares of its common stock. Under the Securities Act of 1933,
A. Zulan must sell the common stock through licensed securities dealers.
B. Zulan must, in all events, file a registration statement with the SEC because the
offering will be made in several states.
C. Zulans use of any prospectus delivered to an unsophisticated investor must be
accompanied by a simplified explanation of the offering.
D. Zulan may make an oral offer to sell the common stock to a prospective investor
after a registration statement has been filed but before it becomes effective.
ANSWER: D
This answer is correct. After the registration statement has been filed but before
it becomes effective, the issuer is allowed to make certain oral offers and written
offers that are preliminary prospectuses.
44. Reed has an unperfected security interest in the inventory of Safe, Inc. The
unperfected security interest
A. Causes Reed to lose important rights against Safe as an entity.
B. Is subordinate to lien creditors of Safe whose lien interest arose prior to any
subsequent perfection by Reed.
C. May only be perfected by Reed filing a financing statement.
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45. In a like-kind exchange of an asset for another asset, no taxable gain will be
recognized if the transaction consists of the exchange of
A. Land held for business use for truck held for business use.
B. Rental real property in the United States for rental real property in England.
C. Apartment building held for business use for land held for investment.
D. A 10% interest in Partnership A for a 10% interest in Partnership B.
ANSWER: C
This answer is correct. The requirement is to determine which exchange qualifies for
nonrecognition of gain or loss as a like-kind exchange. The exchange of business or
investment property solely for like-kind business or investment property is treated
as a nontaxable exchange. Like-kind means "the Richarde class of property." Real
property must be exchanged for real property, and personal property must be
exchanged for personal property. As business property can be exchanged for
investment property, and real property can be exchanged for other real property,
this is a like-kind exchange.
47. Accountants should be familiar with Treasury Department Circular 230 because:
A. It provides additional regulations regarding the determination of personal
income.
B. It provides regulations regarding practice before the Internal Revenue Service.
C. It provides guidance on appropriate advertising by accountants.
D. It provides additional resources that may be useful in preparing tax returns.
ANSWER: B
This answer is correct. The requirement is to identify the purpose of the Treasury
Department Circular 230. This answer is correct because it provides regulations
regarding practice before the Internal Revenue Service.
49. In accordance with the AICPA Statements on Standards for Tax Services, if after
having provided tax advice to a client there are legislative changes which affect
the advice provided, the CPA
A. Is obligated to notify the client of the change and the effect thereof.
B. Cannot be expected to notify the client of the change unless the obligation is
specifically undertaken by agreement.
C. Is obligated to notify the client of the change and the effect thereof if the
client was not advised that the advice was based on existing laws which are subject
to change.
D. Cannot be expected to have knowledge of the change.
ANSWER: B
This answer is correct because after providing tax advice to a client, the CPA
cannot be expected to notify the client of any subsequent legislative changes which
Page 20
50. Magdalena Products, Inc. leased 10 CNC Mills from CNC Metal Corp., a
manufacturer of CNC Mills. The lease provided for monthly payments of $2,000 per
month for 60 months. Magdalena has an option to purchase the 10 CNC Mills for $200
upon completion of the 60 payments. CNC Metal has accounted for this lease as a
sales-type lease and Magdalena has accounted for this lease as a capital lease.
Assuming Magdalena exercises the option, which of the following statements is
correct?
A. The lease agreement represents a purchase money security interest which is
automatically perfected without the necessity of filing a financing statement
B. Magdalena lacks an insurable interest in the CNC Mills until it exercises the
option to purchase them.
C. Title to the CNC Mills passed to Magdalena prior to the time Magdalena exercised
the option.
D. In order to have an enforceable lease CNC Metal must file a security agreement.
ANSWER: C
This answer is correct because it is clear in this case (evidenced by the treatment
of the lease as a capital lease and as a sales-type lease by the lessee and the
lessor, respectively) that a sale of the CNC Mills is intended. If there is no
agreement as to when title passes, then title passes when the seller completes
performance with respect to the physical delivery of the goods. Thus, title to the
CNC Mills passed at the time Magdalena delivered the CNC Mills to CNC Metal Corp.
and prior to the time Magdalena exercised the option.
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