분류 전체보기273 [REG] CPA's liability Duty to act with reasonable care: client + any person or limited foreseeable class of persons who the CPA knows will be relying on the CPA's work 1. Corp > CPA - Breach of contract - Torts: Negligence 2. 3rd party- Torts Foreseen(known party) 기존채권자negligencegross negligenceconstructive fraudfraudForeseeable party(미래채권자)Gross negligencecontractive fraudFraudLegal liabilities Contract princi.. 2024. 8. 6. [REG] FED LEG Process Primary authoritative sources- provisions of the Internal Revenue Code, statutory provisions- Treasury Regulations- IRS rulings( revenue rulings, revenue procedures, explanations of such treaties)- Court cases Appeals process 1) Agreement not reached at revenue agent level > copy of revenue agent's report + 30day letter> Request an administrative appeal with an appeal officer(appeals.. 2024. 8. 6. [REG] Ethics Authority to PracticeRegulations Governing practice before the Internal Revenue ServiceAuthority to practice before the IRSDuties and restrictions relating to practice before the IRSSanctions for violation of the regulationsRules applicable to disciplinary hearings Authority to Practiceanyone who prepares or assists in preparing a federal tax return for compensation must register with the IRS- u.. 2024. 8. 5. [REG] Bankruptcy - only a person(individual, partnership, corporation) who resides or has a place of business in the United States is eligible to be a debtor under the Bankruptcy code- not all debts of the debtor are discharged, exceptions to discharge(WAFTED) Chapter 7 Liquidation, trustee required- Process 1)Trustee Appointed 2) collects the debtor's assets 3) liquidates them 4) uses the proceeds to pay of.. 2024. 8. 5. [REG] Secured Transactions Secured Transactionspersonal property > collateralreal estate > mortgage ProcessAttachment(creditor vs debtor)- interest attaches, debtor defaults> creditor has right to take the collateral from the debtor- not provide the creditor with rights against 3rd parties who might also have an int in the collateral- 3 prerequisites 1) parties have to agree to create a security interest 2) secured p.. 2024. 8. 4. [REG]Agency relationship Creation of Agency relationship- writing is generally not required to create an agency relationship- consideration is not required to form an agency relationship, * but consideration is required for a legally enforceable agreementPrincipal: Hires the agent to act on their behalf- cannot be a minor- cannot be mentally incompetentAgent: Negotiates with third parties on behalf of the principal wr.. 2024. 8. 4. [REG] Delivery, risk of Loss and Title, Warranties Delivery and risk of Loss Delivery and risk of loss can be independent of titleGeneral rule- seller holds conforming goods for the buyer- give the buyer reasonable notice to enable the buyer to take delivery Process1. Goods must be identified2. parties must agree on contract terms3. Default rules apply in the absence of an agreement Nocarrier Cases- seller has no duty to deliver/ship the goods- .. 2024. 8. 4. [REG] Contracts Three required elements, legally enforceable contracts1) Offer and acceptance2) Exchange of consideration3) No defenses to enforcement(lack of defenses)4) Capacity5) legal Methods of formation1) Express contract2) Impiled- in-fact contract (ex. pay after doctor's service)3) Implied-in-law contract/Quasi-Contract - not a contract at all - a remedy to prevent unjust enrichment of the defendant.. 2024. 8. 3. [REG] Corporations Non-taxable transaction on incorporation Sec. 3511. Tax impact on contributing shareholders- No gain or loss is recognized by shareholders who control(80% voting+nonvoting stock) the corporation soley in exchange of stock(property)- Gain is recognized if 1) stock is received for services rendered 2) control requirement not satisfied > realized gain 3) control requirements satisfied, boot .. 2024. 7. 27. 이전 1 2 3 4 5 6 7 8 ··· 31 다음 반응형
