CPA Regulation (REG) : CPA Regulation (REG)
Study concepts, example questions & explanations for CPA Regulation (REG)
All CPA Regulation (REG) Resources
Example Questions
Example Question #12 : Business Law General
Clarett, who owned a retail business, left a note on a desk Clarett thought was occupied by Franklen. The note stated, "Please contract to purchase 20,000 widgets at the best possible price from Eisen Corp. for delivery in March." The desk was actually being used by Saranz, who made a contract for the purchase of the widgets as specified. Saranz had little negotiating experience and contracted for a high price. Which of the following statements is correct regarding the authority held by Saranz?
Saranz had actual authority to make the contract, so the contract is enforceable by Eisen.
Saranz did not have any authority to make the contract, so the contract is not enforceable by Eisen.
Saranz had apparent, but not actual, authority to make the contract, so the contract is not enforceable by Eisen.
Saranz had authority by ratification, so the contract is enforceable by Eisen.
Saranz had actual authority to make the contract, so the contract is enforceable by Eisen.
Since the note did not specify the intended agent (Franklen) and was left on Saranz’s desk, the note granted actual authority to Saranz to act on Clarett’s behalf as an agent. The agent’s skill in negotiating has no bearing on whether the contract is enforceable when actual authority has been given to the agent.
Example Question #13 : Business Law General
Tim’s Real Estate, Inc., employs David to buy city property for a future apartment complex. Through Construction Co., David’s own corporation, David secretly purchases a city property that David discovered while searching for property for Tim. David later arranges to have Construction Co. sell the property to Tim for more than Construction Co. paid for it. David has breached the duty of:
Indemnification
Care
Notification
Loyalty
Loyalty
The duty of loyalty requires than an agent not engage in self-dealing or competing against the principal. The only other option that is a defined duty of an agent is care, in which the agent must carry out the agency by avoiding negligence.
Example Question #14 : Business Law General
Wilson gives Sussex power of attorney. In general, the power of attorney:
May limit Sussex’s authority to specific transactions.
May continue in existences after Wilson’s death.
Will be valid only if Sussex is a licensed attorney at law.
Must be signed by both Wilson and Sussex.
May limit Sussex’s authority to specific transactions.
Power of attorney is generally used to provide an agent with authority to perform specific tasks. A power of attorney may be anyone, and only the principal must sign the power of attorney. Power of attorney lapses upon the death of the principal.
Example Question #15 : Business Law General
What is the doctrine under which a corporation is made liable for the torts of the corporation’s employees when the torts are committed within the scope of employment?
Ultra vires
Respondeat superior
Estoppel
Ratification
Respondeat superior
Under the doctrine of respondeat superior, a principal, including a corporation can be held liable for an employee’s tort committed within the scope of employment.
Example Question #16 : Business Law General
Which of the following conditions must be met to form an agency?
An agency agreement must be signed by both parties
The principal must possess contractual capacity
The principal must furnish legally adequate consideration for the agent’s services
An agency agreement must be in writing
The principal must possess contractual capacity
Formation of an agency relationship requires a principal who has contractual capacity.
Example Question #17 : Business Law General
Usually, an agent will be liable under a contract with a third party when the agent is acting on the behalf of who?
Disclosed principal
Undisclosed principal
Both
Neither
Undisclosed principal
Generally, the agent would not be held liable on the contract that he or she makes on the principal’s behalf if the principal is disclosed however the agent would be personally liable on contracts made when the principal is undisclosed.
Example Question #1 : Individual Income Tax Sources Of Taxable Income
Aston and Becker are equal partners in AB Partnership. In the tax year, the ordinary income of the partnership is $20,000, and the partnership has a long-term capital gain of $12,000. Aston's basis in AB was $40,000, and he received distributions of $5,000 during the year. What is Aston's share of AB's ordinary income?
$10,000
$18,500
$15,000
$16,000
$10,000
The question asks about Aston’s share of ordinary income. While Aston receives an equal share of the long-term capital gain, it will be taxed as a capital gain, not ordinary income. Distributions (especially non-liquidating) are generally not taxable. This leaves only Aston’s equal share of the $20,000 ordinary income, or $10,000.
Example Question #2 : Individual Income Tax Sources Of Taxable Income
Which of the following is both an item that is an allowable tax deduction to the partnership, reported separately on the individual partner’s Schedule K-1, and then included on the partner’s individual tax return?
Salaries paid to non-partner employees
Depreciation of equipment used in the business
Advertising expenditures
Guaranteed payments paid to partners
Guaranteed payments paid to partners
Guaranteed payments are roughly equivalent to salary payments to partners for services performed. As a result, they are a deductible operating expense to the partnership, reported as income on the individual partner’s tax return, and guaranteed payments are one of the items specifically reported on the Schedule K-1.
Example Question #3 : Individual Income Tax Sources Of Taxable Income
An individual partner received a Schedule K-1 from a partnership for year 2 reporting the following items:
Ordinary business income $45,000
Interest income 8,000
Net Section 1231 loss 5,000
Cash distribution 6,000
$52,000
$54,000
$48,000
$42,000
$48,000
The cash distribution is not a taxable event. The remaining items are all included as additions or deductions from ordinary income: ordinary business income (addition), interest income (addition), and the net Section 1231 loss (deduction). Section 1231 gains and losses are usually treated as ordinary gains and losses.
Example Question #4 : Individual Income Tax Sources Of Taxable Income
The holding period of a partnership interest acquired in exchange for a contributed capital asset begins on the date:
The partner transfers the asset to the partnership
The partner’s holding period of the capital asset began
The partner is first credited with the proportionate share of partnership capital
The partner is admitted to the partnership
The partner’s holding period of the capital asset began
The holding period of a partnership acquired in exchange for a contributed capital asset begins on the date the partner’s holding period of the capital asset began.
All CPA Regulation (REG) Resources
