Taking a Position: Standards, Disclosure, and the §6694 Penalty

Course cover: Taking a Position — Standards, Disclosure, and the §6694 Penalty. Ethics, 2.0 hours continuing education.

For enrolled agents and preparers taking positions on client returns — the standards each position must clear, when disclosure on Form 8275 or 8275-R is required, and how §6694 preparer penalties attach when a position falls short.

About the course

Every position on a return has a standard it must meet, and the standard depends on what kind of position it is. The realistic possibility of success standard, the substantial authority standard, and the reasonable basis standard each attach to different circumstances under Circular 230 §10.34 and IRC §6662. When a position falls below the applicable standard, disclosure on Form 8275 or Form 8275-R is what closes the exposure — or fails to. When disclosure is not made and the position does not hold, IRC §6694 applies to the preparer regardless of what the client agreed to sign.

This course covers the three position standards, the mechanics of Form 8275 and Form 8275-R disclosure, and the reasonable-cause exceptions the preparer can raise under §6694. Coverage includes the two-tier §6694 penalty structure applicable to understatements from unreasonable positions and to willful or reckless conduct, how §6694 interacts with the client-facing accuracy penalties under §6662, and where the practitioner's exposure sits when a return position is challenged years after filing.

The course closes with the documentation elements a practitioner maintains to substantiate a position or demonstrate reasonable cause if the position is later questioned. Two hours of Ethics credit under Circular 230.

Learning objectives

By the end of this course, participants will be able to:

  1. Distinguish among the realistic possibility of success, substantial authority, and reasonable basis standards under Circular 230 §10.34 and IRC §6662.
  2. Identify the circumstances under which Form 8275 or Form 8275-R disclosure is required to avoid preparer penalty exposure.
  3. Recognize the two-tier structure of the IRC §6694 preparer penalty and the conduct triggering each tier.
  4. Identify the reasonable-cause exceptions available under IRC §6694 and the elements the preparer must show to establish them.
  5. Recognize how §6694 preparer penalties interact with §6662 accuracy-related penalties assessed against the taxpayer.

Syllabus

  1. SECTION 01The three position standards

    Realistic possibility of success, substantial authority, and reasonable basis: what each requires, and when each applies under §10.34 and §6662.

  2. SECTION 02When disclosure is required

    How Form 8275 and Form 8275-R work, what adequate disclosure accomplishes, and when a position that would otherwise trigger preparer penalty exposure is closed by disclosure.

  3. SECTION 03The two-tier §6694 penalty

    The unreasonable-position tier and the willful/reckless tier, the conduct triggering each, and the penalty amounts under current law.

  4. SECTION 04Reasonable cause under §6694

    The elements a preparer must show to establish reasonable cause and good faith, and what the file needs to demonstrate.

  5. SECTION 05§6694 and §6662 interaction

    How preparer penalties assessed under §6694 relate to accuracy penalties assessed against the taxpayer under §6662, and what happens when both apply.

  6. SECTION 06Documentation for defended positions

    The workpapers, research notes, and authority citations a practitioner maintains to substantiate a position or support a reasonable-cause defense.

Instructor

Jennifer Harris Smith, JD, CPA. Attorney (Texas). CPA (Texas). Member of Texas Bar College. Full bio →

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Course details & policies
Category
Ethics
Credit hours
2.0 hours
Delivery
Self-Study
Audience
OTRP, EA
Expiration
12/31/2029
Complaint resolution
Complaints regarding course content, technical delivery, or credit reporting: email jennifer@kenshopro.com. Acknowledgment within two business days; resolution within fifteen business days.
Other policies
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