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REG · Tax Procedures and Accounting Issues · 10 practice questions

Adequate Disclosure: Reasonable Basis vs. Substantial Authority

For ordinary non-tax-shelter, nonreportable positions, adequate disclosure plus reasonable basis can satisfy both taxpayer and signing-preparer penalty standards. Below, change the support level or tax-shelter status and compare the results.

The ruleFor non-tax-shelter, nonreportable items, adequate disclosure plus reasonable basis can prevent a §6662(d) substantial-understatement penalty and satisfy §6694(a). Tax shelters and listed or reportable transactions require separate analysis.

Try one first

In Year 1, a CPA prepares an individual client's federal income tax return. After researching a deduction issue, the CPA concludes the position has a reasonable basis but does not rise to substantial authority. The item is not attributable to a tax shelter, a reportable transaction, or a listed transaction, and the return will adequately disclose the position. For purposes of the taxpayer's substantial understatement standard and the preparer's unreasonable position standard, which treatment is correct?
Hint

Keep the taxpayer's penalty standard separate from the paid preparer's signing standard, and ask how adequate disclosure changes each one.

Same scenario, one fact changes

Base case

Nina owns Pine Design, a sole proprietorship. Her paid signing CPA finds substantial authority for a deduction. It is not a tax shelter or reportable transaction. Nina adequately discloses it on her timely return. Disallowance would otherwise cause a substantial understatement. Assume the CPA meets due diligence requirements and no other defenses or penalties apply.

Answer: Nina may exclude the item from the substantial-understatement calculation, and the CPA satisfies the §6694(a) position standard.

Substantial authority satisfies both ordinary standards. Adequate disclosure is present, but this level of support would suffice even without disclosure.

Before you open each one, predict the answer.

Change 1The position has reasonable basis but lacks substantial authority.

Answer: Nina may still exclude the item, and the CPA still satisfies the §6694(a) position standard.

This is the key switch: disclosure permits reasonable basis instead of substantial authority for both ordinary standards.

Change 2The position is nonfrivolous but lacks reasonable basis.

Answer: Nina does not qualify for the disclosure exception, and the CPA fails the §6694(a) position standard.

Nonfrivolous is not enough. Both ordinary disclosure rules require at least reasonable basis.

Change 3The deduction is attributable to a tax shelter.

Answer: Nina cannot use the ordinary understatement reduction, and the CPA must satisfy the higher tax-shelter standard.

Tax-shelter status removes the ordinary reduction. Substantial authority and disclosure do not establish taxpayer protection or satisfy the preparer's higher standard.

Key points

  • Remember: Disclosure lowers the ordinary support threshold to reasonable basis, not merely a nonfrivolous position.
  • §6662(d) addresses the taxpayer's substantial understatement; §6694(a) addresses the paid preparer's position standard.
  • Substantial authority weighs supporting and opposing authorities. It is stronger than reasonable basis.
  • Penalty relief does not erase additional tax or interest if the IRS disallows the deduction.

How the exam traps you

  • Reasonable basis protects an undisclosed position. Without disclosure, an ordinary position generally needs substantial authority under both standards.
  • Any nonfrivolous disclosed position qualifies. Adequate disclosure must be paired with at least reasonable basis.
  • Disclosure cures a tax-shelter position. The ordinary disclosure exception does not apply to tax shelters. Analyze each party's special rules.

Now the same facts as questions

Each question changes one fact from the one before. Watch which change flips the answer.

Question 1

Nina owns Pine Design, a sole proprietorship. Her paid signing CPA finds substantial authority for a deduction. It is not a tax shelter or reportable transaction. Nina adequately discloses it on her timely return. Disallowance would otherwise cause a substantial understatement. Assume the CPA meets due diligence requirements and no other defenses or penalties apply. Which conclusion follows under §§6662(d) and 6694(a)?

Question 2

Same facts, except the position has reasonable basis but not substantial authority. Which conclusion follows under §§6662(d) and 6694(a)?

Question 3

Same facts, except the position is nonfrivolous but lacks reasonable basis. Which conclusion follows under §§6662(d) and 6694(a)?

Question 4

Same facts, except the deduction is attributable to a tax shelter. Which conclusion follows under §§6662(d) and 6694(a)?

5 more, each from a different angle

0 of 5 answered · 0 correct

Question 2

Lake, CPA, is the paid preparer for Orion Corp.'s Year 1 federal income tax return. Orion wants to take a deduction position that Lake has researched. Lake concludes the position has a reasonable basis but does not rise to substantial authority. The item is not a tax shelter or a reportable transaction, and Orion is willing to make any required disclosure with the return. Which response is most appropriate for Lake?
Hint

Separate the paid-preparer signing standard from higher standards used in some other tax contexts, and focus on what adequate disclosure changes.

Question 3

Lark, CPA, is preparing an individual client's federal income tax return for Year 1. The client wants to claim a deduction with uncertain tax treatment. After researching, Lark concludes the position has a reasonable basis but not substantial authority. The position is not a tax-shelter item, not a reportable transaction, and involves no economic substance issue. The position will be adequately disclosed on the return (for example, by an appropriate disclosure statement), and Lark otherwise satisfies all preparer due diligence requirements. If the IRS later disallows the deduction, which conclusion best describes Lark's exposure to the Section 6694(a) preparer understatement penalty?
Hint

Distinguish the preparer (Sec. 6694(a)) standard from taxpayer accuracy-related penalties, ask whether disclosure changes the level of authority the preparer must have.

Question 4

A sole proprietor takes a Year 1 return position that the CPA concludes has a reasonable basis but does not rise to substantial authority. The position will be adequately disclosed on the return. Assume the position is not frivolous, and ignore any listed‑transaction or reportable‑transaction rules unless a choice states otherwise. Under the substantial‑understatement rules for the accuracy‑related penalty, which additional fact would most clearly prevent the understatement attributable to that item from being reduced by the general adequate‑disclosure plus reasonable‑basis treatment?
Hint

Recall whether any statutory/regulatory category of item is excluded from the usual 'adequate disclosure + reasonable basis' reduction for understatement; focus on item attribution rather than the strength of particular authorities or form of disclosure.

Question 5

A CPA is advising an individual client about a deduction for a non‑tax‑shelter, nonreportable transaction. After research, the CPA concludes the position has a reasonable basis but does not rise to substantial authority. The client will make adequate disclosure on the return. Which conclusion is most appropriate?
Hint

Focus on how adequate disclosure changes the required level of authority for disclosed non‑tax‑shelter positions and which standard applies to the taxpayer versus the preparer.

Question 6

Nina, an individual Schedule C taxpayer, is considering a Year 1 deduction. After research, her CPA concludes the position has a reasonable basis but does not rise to substantial authority. The item is not attributable to a tax shelter, a listed or reportable transaction, or any other position subject to a higher statutory standard, and the position was adequately disclosed on Nina's timely filed Year 1 return (for example, by attaching Form 8275 or a similar disclosure statement). If the IRS later disallows the deduction, which statement is best for purposes of the substantial understatement rules under Sec. 6662(d)?
Hint

Confirm whether the stem says the position was actually disclosed on the return and whether the facts exclude tax-shelter or other higher-standard rules.

Drill all 150 Tax Research and Planning questionsMixed across every rule in the topic, so you have to spot which one applies. That is how the exam does it.

Common questions

Does adequate disclosure avoid the substantial understatement penalty?

For an ordinary non-tax-shelter, nonreportable item, adequate disclosure plus reasonable basis generally prevents the item from contributing to a substantial understatement. Disclosure alone is not enough.

Can a CPA sign a return with reasonable basis but no substantial authority?

For an ordinary non-tax-shelter, nonreportable position, yes, if the position is adequately disclosed. Without disclosure, the signing preparer generally needs substantial authority.

How do I adequately disclose a tax return position?

Use Form 8275, or Form 8275-R for a position contrary to a Treasury regulation, when appropriate. The disclosure must identify the issue and relevant facts; preparer workpapers are not return disclosure.

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