SEE Part 3 practice questions and answers
12 questions across every section of the exam. Each answer explains the rule and quotes the IRS source behind it.
Want to know where you stand first? Answer them one at a time and get a score for each section.
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Practices and ProceduresQuestion 1
Tomas, an enrolled agent, prepares a routine installment-agreement request for a client, a two-page form supported by one pay stub. He bills 200 hours at $500 an hour — $100,000 — for the job, a total no practitioner in town charges for that task. His engagement letter disclosed the hourly rate. Is the fee permitted?
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A practitioner may not charge an unconscionable fee in any IRS matter. $100,000 for a routine two-page request, far beyond any customary charge, is unconscionable, and disclosing the rate does not cure it.
Treasury Department Circular No. 230, Regulations Governing Practice before the Internal Revenue Service (Rev. 6-2014) Page 21
§ 10.27 Fees. (a) In general. A practitioner may not charge an unconscionable fee in connection with any matter before the Internal Revenue Service. (b) Contingent fees — (1) Except as provided in paragraphs (b)(2), (3), and (4) of this section, a practitioner may not charge a contingent fee for services rendered in connection with any matter before the Internal Revenue Service.
View on the sourceTaught in Fees That Are Allowed
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Practices and ProceduresQuestion 2
Sam, an enrolled agent, learns that a signed financial statement his client submitted to IRS Collections understates the client's monthly income by $900. No officer has questioned the statement. What must Sam do?
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A practitioner who knows the client erred in a submitted paper must promptly advise the client of the error and its Code and regulation consequences. Sam must tell the client now, not wait, go around the client, or warn the lender.
Treasury Department Circular No. 230, Regulations Governing Practice before the Internal Revenue Service (Rev. 6-2014) Page 19
§ 10.21 Knowledge of client’s omission. A practitioner who, having been retained by a client with respect to a matter administered by the Internal Revenue Service, knows that the client has not complied with the revenue laws of the United States or has made an error in or omission from any return, document, affidavit, or other paper which the client submitted or executed under the revenue laws of the United States, must advise the client promptly of the fact of such noncompliance, error, or omission. The practitioner must advise the client of the consequences as provided under the Code and regulations of such noncompliance, error, or omission.
View on the sourceTaught in Information the IRS Is Owed
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Practices and ProceduresQuestion 3
Lena, an enrolled agent, was required to file federal income tax returns for the last two years and willfully filed neither. Her client work is careful, and no client has complained. Can Lena be sanctioned under Circular 230?
Show answer
Circular 230 lists willfully failing to make a federal tax return as disreputable conduct. It covers the practitioner's own returns, and it needs no client harm and no conviction, so Lena can be sanctioned.
Treasury Department Circular No. 230, Regulations Governing Practice before the Internal Revenue Service (Rev. 6-2014) Page 47
(f) Willfully failing to make a Federal tax return in violation of the revenue laws of the United States, willfully evading, attempting to evade, or participating in any way in evading or attempting to evade any assessment or payment of any Federal tax, or knowingly counseling or suggesting to a client or prospective client an illegal plan to evade Federal taxes or payment thereof.
View on the sourceTaught in Conduct That Draws Sanction
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Practices and ProceduresQuestion 4
Omar's filed return claims a $40,000 deduction backed by a published revenue ruling squarely on point, giving him substantial authority for the position. He discloses nothing about the deduction on the return. The IRS disallows it in full, producing an understatement. Is the understatement reduced?
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An understatement is reduced by the portion attributable to a position with substantial authority, whether or not disclosed. Omar's ruling-backed deduction qualifies, so the understatement is reduced.
United States Code, Title 26, § 6662 — Imposition of accuracy-related penalty on underpayments (govinfo section granule) Page 2
(B) Reduction for understatement due to position of taxpayer or disclosed item The amount of the understatement under subparagraph (A) shall be reduced by that portion of the understatement which is attributable to— (i) the tax treatment of any item by the taxpayer if there is or was substantial authority for such treatment, or (ii) any item if— (I) the relevant facts affecting the item’s tax treatment are adequately disclosed in the return or in a statement attached to the return, and (II) there is a reasonable basis for the tax treatment of such item by the taxpayer.
View on the sourceTaught in Which Penalty Fits
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Representation Before the IrsQuestion 5
Dana is buying Rosa's business. Before closing, Dana's CPA asks to inspect Rosa's business tax transcripts to verify reported income. Rosa says by phone, “Go ahead and pull them,” but signs no authorization. May the CPA inspect the transcripts?
Show answer
Disclosure of Rosa's return information to the CPA needs Rosa's authorization. A phone call with the CPA authorizes nothing with the IRS, and she has signed no tax information authorization, so the CPA may not inspect.
Conference and Practice Requirements (26 CFR Part 601, Subpart E, republished as Publication 216) Page 4
(15) Tax information authorization. A document signed by the taxpayer authorizing any individual or entity (e.g., corporation, partnership, trust or organization) designated by the taxpayer to receive and/or inspect confidential tax return information in a specified matter. (See section 6103 of the Internal Revenue Code and the regulations there-under.)
View on the sourceTaught in Form 2848 or Form 8821
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Representation Before the IrsQuestion 6
Nadia has filed Forms 2848 for clients for years and has a CAF number. This year her enrollment as an enrolled agent was placed on the inactive roster because she did not renew it. A client asks her to handle an examination, and she plans to file a new Form 2848 showing her CAF number. May she represent the client?
Show answer
A CAF number identifies a representative for processing powers of attorney; it is not an indication of authority to practice. Nadia's enrollment is inactive, so she is ineligible to practice, and listing her CAF number changes nothing.
Instructions for Form 2848, Power of Attorney and Declaration of Representative Page 4
The CAF number is a unique nine-digit identification number (not the SSN, EIN, PTIN, or enrollment card number) that the IRS assigns to representatives. The CAF number is not an indication of authority to practice. The representative should use the assigned CAF number on all future powers of attorney.
View on the sourceTaught in Starting, Changing, and Ending Authority
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Representation Before the IrsQuestion 7
Luis's shares in a startup became worthless in 2021. In 2025, four years later, he files a claim based on the worthless-securities loss. His original return was honest, with no omission or fraud issue. Which limitations period governs the claim?
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Worthless-securities loss claims get seven years, not the general refund or assessment periods. Luis's fourth-year claim is timely.
Publication 17 — Your Federal Income Tax Page 20
5 File a claim for credit or refund after you filed your return, The later of 3 years or 2 years after tax was paid. 6 File a claim for a loss from worthless securities or bad debt deduction, 7 years.
View on the sourceTaught in Beating the Clock
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Specific Areas of RepresentationQuestion 8
Omar's 2025 records are incomplete and his return cannot be finished by April 15, 2026. He does not know yet whether he will owe or be due a refund. He asks his preparer to file Form 1127 for more time to file. What should the preparer tell him?
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Form 1127 is never the paper for filing time. Omar needs Form 4868 for the filing extension.
Form 1127, Application for Extension of Time for Payment of Tax Due to Undue Hardship Page 3
are seeking an extension of time to file your income tax return file Form 4868, Application for Automatic Extension of Time To File U.S. Individual Income Tax Return; or Form 2350, Application for Extension of Time To File U.S. Income Tax Return. Do not file Form 1127.
View on the sourceTaught in More Time to Pay
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Specific Areas of RepresentationQuestion 9
In January Maya receives a Final Notice of Intent to Levy and Notice of Your Right to a Hearing. She does not respond within 30 days. In November she sends Form 12153, checking the equivalent-hearing box. In December, before any hearing, the IRS levies her bank account for the same tax. May it?
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Only a timely CDP hearing request prohibits levy. Maya's late request brings an equivalent hearing, which does not bar levy, so the December levy may proceed.
Form 12153, Request for a Collection Due Process or Equivalent Hearing Page 3
If you want a hearing with Appeals after the deadline for requesting a timely CDP hearing has passed, you must check the box in item 2. In this case you will receive an equivalent hearing, which is the same as a CDP hearing except it does not prohibit levy or suspend the 10-year period for collecting your taxes; also, you cannot go to court to contest Appeals' decision about your disagreement.
View on the sourceTaught in Liens, Levies, and Summonses
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Specific Areas of RepresentationQuestion 10
Luis disagrees with his examination changes. He receives the 30-day letter with the examination report, then does nothing for two months. What follows?
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A 30-day letter gives 30 days to accept or appeal. Ignored, it is followed by the 90-day letter, the notice of deficiency.
Publication 556 — Examination of Returns, Appeal Rights, and Claims for Refund Page 5
30-day letter and 90-day letter. Within a few weeks after your closing conference with the examiner and/or supervisor, you will receive a package with: A letter (known as a 30-day letter) notifying you of your right to appeal the proposed changes within 30 days, A copy of the examination report explaining the examiner's proposed changes, An agreement or waiver form, and A copy of Publication 5. You generally have 30 days from the date of the 30-day letter to tell the IRS whether you will accept or appeal the proposed changes. The letter will explain what steps you should take, depending on which action you choose. Be sure to follow the instructions carefully. Appeal Rights are explained later. 90-day letter. If you do not respond to the 30-day letter, or if you later do not reach an agreement with an Appeals Officer, the IRS will send you a 90-day letter, which is also known as a notice of deficiency.
View on the sourceTaught in Answering the Examination
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Filing ProcessQuestion 11
Sam, an ERO, e-files Dana's return and receives the IRS acceptance acknowledgement on April 2. A listed appraisal attachment must travel on Form 8453. Sam mails Form 8453 on April 15, waiting until the client's refund arrived. How does the transmittal stand?
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Form 8453 must reach the IRS within 3 business days after the ERO learns the return was accepted. Mailed thirteen days later, Sam's transmittal is late.
Form 8453, U.S. Individual Income Tax Transmittal for an IRS e-file Return Page 2
When and Where To File If you are an electronic return originator (ERO), you must mail Form 8453 to the IRS within 3 business days after receiving acknowledgement that the IRS has accepted the electronically filed tax return.
View on the sourceTaught in Who Must e-file
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Filing ProcessQuestion 12
In 2025 Dana purges files. She holds 2024 return support with that year's limitations still open, 2016 employment tax records for tax due and paid in 2017, and purchase records for equipment bought in 2014 and sold in a taxable sale in 2023, with that year's limitations still open. Which may she discard?
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Return support and property records stay until their limitations periods run; eight-year-old employment tax records, past their four years, may go.
Publication 583, Starting a Business and Keeping Records Page 16
How Long To Keep Records You must keep your records as long as they may be needed for the administration of any provision of the Internal Revenue Code. Generally, this means you must keep records that support an item of income or deduction on a return until the period of limitations for that return runs out. The period of limitations is the period of time in which you can amend your return to claim a credit or refund, or the IRS can assess additional tax. Table 3 contains the periods of limitations that apply to income tax returns. Unless otherwise stated, the years refer to the period after the return was filed. Returns filed before the due date are treated as filed on the due date. Keep copies of your filed tax returns. They help in TIP preparing future tax returns and making computations if you file an amended return. Employment taxes. If you have employees, you must keep all employment tax records for at least 4 years after the date the tax becomes due or is paid, whichever is later. For more information about recordkeeping for employment taxes, see Pub. 15. Assets. Keep records relating to property until the period of limitations expires for the year in which you dispose of the property in a taxable disposition.
View on the sourceTaught in Keeping Records Safe
Want to know where you stand first? Answer them one at a time and get a score for each section.
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