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- Due to uncertainty whether or not a new tax law is applicable to printing companies, ABC Printers submitted a legal query to the BIR on the issue. The BIR issued a ruling that printing companies are not covered by the new law. Relying on this ruling, ABC Printers did not pay the said tax. Subsequently however, the BIR reversed the ruling and issued a new one stating that the tax covers printing companies. Could the BIR assess ABC Printers for back taxes corresponding to the years before the new ruling? a) Yes, because taxation is the rule and exemption is the exception b) Yes, because taxes are the lifeblood of the government c) No, the BIR is not allowed to reverse its ruling d) No, reversal of a ruling shall not be given a retroactive application if it will be prejudicial to the taxpayer.Mr. Antipatiko filed a suit against Gerald, a registered medical technologist. Mr. Antipatiko went to the clinic and requested for Hepa B test needed for his employment. It was Gerald who obtained the blood from Mr. Antipatiko and consequently processed it for sampling. However, the test result indicated a “REACTIVE/POSITIVE”. Gerald performed another confirmatory test to ensure a reliable result. Still, the second test done had the same result. Gerald then issued the lab result indicating “REACTIVE/POSITIVE” after conformity with the Pathologist. Mr. Antipatiko was declined employment and was so furious and went to the clinic to confront Gerald stating that the result was inaccurate. He threatened Gerald saying that he will file an administrative case against him. If you were Gerald, how will you address and handle the situation? Provide your reason and basis to prevent the threatened suit.After two years of research and the investment of considerable funds, coast-to-coast company (cc) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National sales, Inc, has made and begun to sell a nearly identical prod-uct CC learns from a reliable source that national paod a CC employee to obtain the plans for CC's product while it was in development. What legal re-course does CC have against National ?
- Calculator A producer has taken an application for an individual Disability Income policy, collected a premium, and given the applicant a conditional receipt, which of CORRECT about this situation? OA COB. O C O D. Since the producer collected a premium when taking the application, the insured is guaranteed coverage as of the date of the application As soon as the insurance company receives the application and premium, it will sue a policy to the applicant with the date of receipt becoming the effective dotos of the policy. The insurance company will issue a policy to the applicant only if the company has sed the applicant a life polley on a standard beds within the previous 6 months The Insurance company will complete standard anderweiting procedures before making a decen about whether to insure the applicantOE B A mortgage loan originator (MO) accesses a loan applicant's credit report and discovers that one of the debt obligations that the applicant reported on the application is not listed on the report. The MLO must counsel th applicant to: A.) remove the obligation disclosure from the application. B) stop making payments on the obligation. C) provide evidence of the obligation. D.)create a document discharging the obligation. 目88 Which of the following situations is acceptable according to the Real Estate Settlement Procedures Act (RESPA)? A) A mortaage broker refers a settlement to a borrower and discloses that the agent will receive a portion of the settie fee. B) A mortgage broker refers a borrower to a settlement attorney in exchange for free legal services in the future C) A mortgage lender refers a title company to a borrower and provides a disclosure detailing the nature of the business relationshio and the estimated charges. the title company. D) A mortgage lender refers a real estate broker to a borrower after giving the borrower a prequalification, and the lender receives a portion of the real estate broker's commission.
- Q1. To prevail in an action brought under common law, the plaintiff must show all of the following except: (in your response, explain the burdens of proof for a third-party plaintiff under common law). Q2. Kerry CPA is the auditor for Sammy Corp. During the audit, Kerry discovers a material misstatement in Sammy's financial statements. Sammy's management tells Kerry that if the misstatement is corrected or if Kerry issues an opinion that indicates there is a material misstatement, Sammy Corp. will likely have to declare bankruptcy and thousands of employees will lose their jobs. Which of the following statements is true if the misstatement is not corrected and Kerry issues an unqualified opinion on Sammy's financial statements? (in your response, identify the court case that makes Kerry liable to any person who suffered a loss as a result of the fraud).Upon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MLO) shall not be deamed to have tamporary suthority to act as an MLO in an application state if which of the following events has occurred? A) The individual has been a witness in a trial where the defendant was convicted of felony fraud. B) The individual has been subject to a court order for payment of child support. C) The individual had an application for an MLO license denied or an MLO license revoked or suspended in any governmental jurisdiction. D) The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the NMLS as an MLO by the prior omplover51 Which of the following actions should a mortgage loan originator (MLO) take if she determines a borrowers failed to disclose a loan on a rental home is refinancing A) Decline the loan B) Report the existing mortgage to the local registry C) Report the loan to the underwriter and management D) Ignore it because the loan will show on the title report
- What happens when homeowners owe more to subcontractors than the total price they were to pay the general contractor because the general contractor has not paid the subcontractors and the general contractor is no longer solvent? a. Courts and states have differing standards of equity applied in resolving these issues b. The homeowners cannot be liened by the subcontractors c. Homeowners are always exempt from paying more than they owed the general contractor d. The homeowners must pay the full amount due to all subcontractorsafter a salesperson inspected a property and completed a brokerage engagement, the seller examined and signed that contract. And Georgia, if the salesperson sponsoring broker had mentioned in the salesperson written affiliation agreement that the salesperson could sign a listing agreement as the agent, because this person legally have done so? Yes, because the seller had already examined and signed the contract Yes, because the salesperson was the agent of the broker No, unless the salesperson had completed all the education courses required of a broker No, because a sponsoring broker was the sellers agentUpon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MO) shall not be desmed to have temporary authority to set as an MLO in an application state if which of the following events has occurred? A) The individual has been a witness in a trial where the defendant was convicted of felony fraud. B) The individual has been subject to a court order for payment of child support. C) The individual had an application for an MLO license denied or an MLO license revoked or suspended in any governmental jurisdiction. D) The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the MLS as an MLO