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What does substantial authority mean on the CPA exam?

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Substantial authority. The standard between reasonable basis and more likely than not: roughly a 40 percent chance, judged on the weight of published authorities rather than on the preparer's confidence.

Defined against Treas. Reg. 1.6662-4(d).

Worked example

An individual's return shows tax of $96,000, but the correct tax is $150,000. Of the $54,000 difference, $40,000 comes from a deduction supported by a Tax Court decision and a revenue ruling directly on point, which together amount to substantial authority. The rest comes from an item with no support, nothing was disclosed, no item is connected with a tax shelter, and the taxpayer claimed no qualified business income deduction.

Does the 20% accuracy-related penalty for a substantial understatement apply?

Understatement: tax required to be shown less tax shown150,000 - 96,00054,000
Threshold: the greater of 10% of the correct tax or $5,000150,000 x 10%15,000
Understatement after removing the portion with substantial authority54,000 - 40,00014,000

Answer: No. Once the $40,000 supported by substantial authority is removed, the understatement is $14,000, which does not exceed the $15,000 threshold, so the understatement is not substantial and that penalty does not apply. Without the authority, the penalty would have been 20% of $54,000, or $10,800. Whether the unsupported item draws a negligence penalty is a separate question.

The trap: Testing the full $54,000 against the threshold. Substantial authority does not just excuse a position; it takes that portion out of the understatement before the threshold comparison is made.

Based on IRC Sec. 6662(d)(1)(A); IRC Sec. 6662(d)(2)(B)(i).

Which CPA exam sections use substantial authority?

Substantial authority appears in the REG section of the CPA exam.

Related terms

See also