Advanced Taxation, Chapter 2: "Tax Research Methodology" flash cards

Establish the Facts

(2.1) A step in the TR process, where the researcher looks to fully understand all facts that could affect the related tax outcome.

Identify the Issues

(2.1) A step in the TR process, where the researcher uses their education, training, and experience to identify all issues of a tax problem.

Fact Issue

(2.1) A TR issue concerned with information having an objective reality.

Law Issue

(2.1) A TR issue occurring when facts are well-established, but it is not clear which portion of the tax law applies to the issue.

Collateral Estoppel

(2.1) A legal concept that bars re-litigation on the same TR fact or issue.

Locate Authority

(2.1) A step in the TR process, where the researcher must locate the respective legal authority for their issue.

Primary Authority

(2.1) An authority considered an original pronouncement, coming from statutory, administrative, or judicial sources.

Secondary Authority

(2.1) An authority considered an interpretation of a primary authority, and thus an unofficial source of tax information.

Evaluate Authority

(2.1) A step in the TR process, where the researcher must evaluate the usefulness of their selected authorities.

Develop Conclusions and Recommendations

(2.1) A step in the TR process, where the researcher must arrive at their conclusion for the tax issues raised.

Communicate Recommendations

(2.1) A step in the TR process, where the researcher uses a memorandum to communicate the results and recommendations of the research.

Citation

(2.1) A shorthand system of documentation that helps a researcher pinpoint the specific location of relevant text in an authority.