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ACCT 384K.1 – Tax Research Methodology
Unique Numbers: 02550, 02555, 02560
Professor: Kristina Zvinakis
Office: CBA 6.304H (512.471.5314 )
Office Hours: Monday 9:00 – 11:00 am, Tuesday 1:00 – 3:00 pm
and by appointment or when my office door is open
e-mail: kristina.zvinakis@mccombs.utexas.edu
1. Learning Objectives
The goals of this class are twofold: (1) to provide you an understanding of what it
means to undertake rigorous tax research and (2) to teach you how to undertake such
research. Thus, this semester we will:
− learn about the different sources of tax law and the extent to which they can and
should be relied upon to answer tax research questions,
− develop and enhance your skills in identifying the tax issues in a problem and
formulating tax research questions, and
− expand your communication skills to include communicating the results of tax
research to a third party.
2. Materials
Text: Pratt, J. and W. Kulsrud. Corporate, Partnership and Estate and Gift Taxation
2006 Edition, Thomson Custom Solutions, Mason, Ohio.
Instructor class notes and supplemental articles: Available via BlackBoard
Tax Research Services:
All University of Texas students, by default, have access to three electronic tax
research libraries - CCH Tax Research Library, RIA Checkpoint Tax Research Service,
and Lexis-Nexis Academic Universe – via the University Library’s webpage. The BNA
Tax Management research service can be accessed on the following website -
http://library.bnatax.com – with a username and password that I will provide you in
class.
On a tax dimension, the content of these services overlaps substantially. However,
the structure of our Lexis-Nexis subscription may limit the usefulness of this service
for tax research assignments. You will receive training in how to use CCH and RIA
during class. You will also, via practice in class and outside of class, familiarize
yourself with the other two services. Note that all of these services should be
available 24 hours a day, 7 days a week. Routine maintenance and updating is
performed occasionally and the number of users on one service at a single time can
be limited. Thus, if you cannot access one of the services, try another.
3. Keys to Success
Tax research skills are developed through practice and dedicated study. While my intent
is to provide you with a solid foundation in the skills necessary to undertake tax
research, you will not master these skills (or be able to use them well when you leave
these classrooms and join the “real world”) unless you apply yourself and rise to the
challenges I will provide you.
In addition to practicing your tax research skills, in order to be successful in this course,
you are expected to attend class. This means that you are expected to arrive on time
and to remain for the entire class period. Your success in this course will be enhanced if
you also:
− prepare in advance by reading the assigned pages in the text and supplemental
articles
− participate in class by asking questions and responding to requests for
discussion, and
− use office hours and review sessions throughout the term to clarify particularly
difficult material.
While you may occasionally be tempted to miss class, please remember that success in
this course is highly correlated with attendance. If you do miss a class, it is your
responsibility to ensure that you understand the material covered in the class missed.
Finally, because we will not be using laptops in class, I request that you not turn on or
use your laptops during class.
4. E-mail, Course Web Page and Class Notes
I will communicate with you regularly via e-mail; you are responsible for the content of
these messages. I will use the e-mail account that appears in the class roster to
address these messages to you. This e-mail address is the one that appears with your
name in the UT Directory. If you have changed your e-mail in the recent past you
should verify, via UT Direct, that the e-mail specified is the e-mail you are using.
The BlackBoard page maintained for this class also provides useful course information.
To access this page you will need a UT-EID. Go to http://courses.utexas.edu. You
should access this page on a regular basis to ensure you are up to date and aware of
what is going on in ACCT 384K.1. Additionally, class notes for each class (a PowerPoint
file) will be posted to BlackBoard the day before the class meeting and you will find
homework assignments here, as well.
5. Evaluation
A rigorous academic environment will be maintained in Accounting 384K.1. Grades will
be earned based on your performance on the following:
Midterm exam 150 points
Homework Assignments (6 assignments at 50 points each) 300 points
Participation 50 points
Final exam (comprehensive) 200 points
Maximum possible points 700 points
Beginning in the Fall 2005 semester the University of Texas at Austin instituted
plus/minus grading for graduate students. Department of Accounting policy requires
that a grading scale including pluses and minuses be used for all graduate Accounting
classes. University policy continues to prohibit use of plus/minus grading for
undergraduate students. Department of Accounting policy requires that grades for
undergraduate students enrolled in graduate Accounting classes be determined by
dropping the plus or minus (if any) from their letter grade. Finally, please note that for
PPA and MPA students, a grade point average of 3.0 is required to successfully graduate
from the University of Texas at Austin.
Participation: Participation is graded because, in my experience, participation is highly
correlated with performance. Each class meeting I will call on students (randomly) to
answer questions related to the material we are discussing. If you can answer the
question, you will earn that day’s participation points. If you cannot answer the
question, cannot attempt a reasonable answer or are not in class, you will earn no points
for participation that day.
Midterm and Final Exam: This course has a midterm exam and a comprehensive final
exam. You are required to take both of these exams. There are no make-ups for
any exam. Both the midterm and the final will be given as common exams. The date
and location of these exams are detailed in the course outline, will be posted to
BlackBoard and will be announced in class. Each student is responsible for managing
his/her own personal schedule to be present at these exams. If you miss an exam
because of an illness or other dire and irreconcilable conflict, you should notify me as
soon as possible and present written documentation of your absence (e.g., note from
physician). I have final authority to determine if your absence is justified. Your grade
will be determined at the time that your absence is excused. Note that this is an
individual determination based on the facts and circumstances of each case.
Grade disputes: Any concerns or questions about grading on an assignment or exam
must be resolved in the week after the graded assignment or exam is returned in class.
Please keep in mind that this time frame applies whether or not you were present in
class to receive your graded quiz or exam.
6. Dropping the Course
The course catalog details both add and drop date deadlines. Note that in graduate
classes all students, at the discretion of the instructor, are allowed to drop the class up
until the last day of the term without academic penalty. A student who stops attending
without notification or without the submission of a drop form will automatically earn a
grade of “F” for the semester.
7. Academic Misconduct
Academic misconduct includes (but is not limited to) cheating, fabrication, facilitation of
academic misconduct by others, and plagiarism, and is a serious academic offense.
Neither the Department of Accounting nor I will tolerate academic dishonesty.
In this class, careful attention should be paid to what constitutes academic misconduct
as many of the assignments will require extensive work outside the classroom and, as
such, a student might be inclined to work with other students to prepare answers to
these assignments. Group work is encouraged when collaboration is limited to guidance
and education, but everyone is responsible for conducting their own research and
preparing their own solutions. IN ALL CASES, group work is prohibited if it involves the
communication of a solution. Students may discuss research procedures and
alternatives with classmates, but, again, are prohibited from communicating solutions.
To clarify this policy, discussions with classmates often provide invaluable insights, and
because I believe in the value of cooperative learning, I encourage students to discuss
the course material and assignments outside of class. However, the actual writing of
any assignment or exam is to be done strictly on an individual basis. This prohibition
includes the solutions produced by students in this course in earlier semesters and by
others not enrolled in this course. (This prohibition does not apply to discussions with
consultants in the Writing Skills Center.)
To help you better understand what constitutes academic misconduct, I have provided
the following examples:
Example 1: Explaining a specific research technique to a classmate is not an act of
dishonesty, whereas providing a list of relevant authorities would constitute an act of
dishonesty.
Example 2: Discussing the merits of a specific argument with a classmate is not an
act of dishonesty, whereas providing a list of issues or conclusions to a classmate
would constitute an act of dishonesty.
Example 3: Questioning a classmate who has finished an exam about the exam's
contents would constitute an act of dishonesty. Likewise, the communication of
information about the contents of an exam to classmates who have not yet taken the
exam would also constitute an act of dishonesty. In other words, don't ask and don't
tell.
In this class, the use of written solutions prepared by others is to be strictly avoided.
However, this prohibition cannot be avoided by merely verbally dictating a written
solution to another student.
Example 5: Verbally dictating a list of authorities, issues, or conclusions to a
classmate (rather than providing a written list) would constitute an act of dishonesty
if the intent or effect of the communication is to merely transmit the contents of a
solution (rather than learn about research techniques or the merits of a particular
argument).
Obviously, there will be times when it may be difficult to determine if a communication
is intended to be dishonest. However, as many public accountants (and politicians) will
attest, it is important to avoid even the appearance of impropriety. Hence, if there is
any question about whether an activity or a communication is academically dishonest,
the best course of action is full disclosure (ask me for clarification or clearance in
advance of any action).
In any case where academic dishonesty is discovered, a grade of “F” will be assigned the
student(s) involved and formal disciplinary action, as administered by the Vice President
of the Office of Student Affairs, will be requested.
8. Course Outline
The course outline details daily topic coverage, assigned readings and homework due
dates. Because of its length and detail, this outline is posted to BlackBoard and is
incorporated into this syllabus by reference.
ACCT 384K.1 – Course Outline- Fall 2005
Unique Numbers: 02550, 02555, 02560
Note: This course outline is current as of September 31, 2005. I reserve the right to modify the outline, should we fall behind in
our coverage of assigned topics or if I find articles to supplement the current reading list. If this outline is modified, I will note the
date of the modification and notify you in class and via e-mail.
Date Topic(s)
1. Aug 31 Course overview; Introduction
2. Sept 5 Labor Day Holiday
Research – Authority: Internal Revenue Code
3. Sept 7 Readings:
Pratt, Chapter 17, pp. 1-5
Internal Revenue Code Section 274
Research – Authority: Administrative Sources
Readings:
4. Sept 12
Hilyerd, William A. 2004. Using the Law Library: A Guide for Educators-Part I: Untangling the Legal
System. Journal of Law and Education (April). BlackBoard
IRC Sec. 7805(a)
Research – Authority: Administrative Sources
Readings:
5. Sept 14
Pratt, Chapter 17, pp. 5-11
Lowy, Peter A. and Juan F. Vasquez, Jr. 2004. How revenue rulings are made and the implications of that
process for judicial deference. Journal of Taxation (October).
6. Sept 19 Research – Demonstration LOCATION TBA
Research – Authority: Judicial Sources
Readings:
7. Sept 21
Pratt, Chapter 17, pp. 11-14
Anonymous. 2005. Divide and rule - Activist judges. The Economist (July 2). Blackboard
Jack E. Golsen, 54 TC 742 (1970)
Research – Demonstration LOCATION TBA
8. Sept 26
Assignment 1 due (all assignments are posted on BlackBoard)
Research Authority – Judicial and Secondary Sources
Readings:
Pratt, Chapter 17, pp. 14 – 22
9. Sept 28
Sutherland Lumber-Southwest Inc., 114 TC 197 (2000)
Sutherland Lumber-Southwest Inc. v. Comm., 88 AFTR 2d 2001-5026 (CA-8, 2001)
Action on Decision 2002-002
Notice 2005-45
Research – Sources (concluded); Communicating results
10. Oct 3
Readings:
Pratt, Chapter 17, pp. 22 – 26
Research – Communicating Results and Research Strategies
Readings:
11. Oct 5
Raabe, Whittenburg and Sanders. 2006. Implementing the Research Tools Federal Tax Research 7th
Edition, pp. 344-357. Blackboard
Cases to be distributed via e-mail prior to class
Organizational Form
Readings:
12. Oct 10
Pratt, Chapter 1, pp. 1 – 6
Wilkie, P, J. Young, and S. Nutter. Corporate Business Activity Before and After the Tax Reform Act of 1986
SOI Bulletin (v. 15, Winter 1995-1996): 32-45. Blackboard
Incorporation - Section 351
Readings:
13. Oct 12
Pratt, Chapter 2, pp. 1 – 16
Assignment 2 due (all assignments are posted on BlackBoard)
Incorporation – Section 351
14. Oct 17
Readings:
Pratt, Chapter 2, pp. 16 – 23
15. Oct 19 Research Day
Midterm Examination
16. Oct 24
Common exam for all sections: Monday evening, 7 pm – 9 pm, UTC 4.102 and 4.104
Incorporation – Section 351
17. Oct 26
Readings:
Pratt, Chapter 2, pp. 23 - end
Incorporation – Section 351
18. Oct 31
Readings:
Pratt, Chapter 2, pp. 23 - end
Research – Miscellaneous (Editorial Comments, Annotations, Chevron case)
Readings:
19. Nov 2
Chevron USA, Inc. v. Natural Resources Defense Council, Inc., et al., 1984 U.S. LEXIS 118 (Supreme Court)
Assignment 3 due (all assignments are posted on BlackBoard)
Research – The IRS, Audits, Taxpayer Rights
Readings:
20. Nov 7 Pratt, Chapter 18, pp. 1 – 23, 39-47
IRS Modernization (http://www.irs.gov/newsroom/article/0,,id=98159,00.html)
Blumenthal, M. and C. Christian. Tax Preparers in The Crisis in Tax Administration. Henry J. Aaron and Joel
Slemrod, Editors. Brookings Institution Press, Washington D.C.: 201-217. Blackboard
21. Nov 9 Research – Westlaw or Lexis Nexis or BNA
Research – Ethics
22. Nov 14 Readings:
AICPA Statement on Standards for Tax Services, Issued by the Tax Executive Committee
(http://ftp.aicpa.org/public/download/members/div/tax/ssts2.pdf)
Corporate Distributions
Readings:
23. Nov 16
Pratt, Chapter 4, pp. 1- 15
Assignment 5 due (all assignments are posted on BlackBoard)
Corporate Distributions
Readings:
24. Nov 21
Pratt, Chapter 4, pp. 15 - 20
Erickson, M. and S. Wang. 1999. Exploiting and sharing tax benefits: Seagram and DuPont. The Journal of
the American Taxation Association (Fall): 35-54
Corporate Distributions
25. Nov 23
Readings:
Pratt, Chapter 5, pp. 1 - 11
Corporate Distributions
27. Nov 28
Readings:
Pratt, Chapter 5, pp. 11 - 17
Corporate Distributions
28. Nov 30
Readings:
Pratt, Chapter 5, pp. 21 - 24
Corporate Distributions (concluded)
29. Dec 5
Assignment 6 due (all assignments are posted on BlackBoard)
30. Dec 7 Final exam review
FINAL EXAM
