South-Western Federal Taxation 2023: Essentials of Taxation: Individuals and Business Entities 26th by ACADEMIAMILL

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Chap 01_2023 Indicate whether the statement is true or false. 1. For state income tax purposes, some states allow a credit for dependents rather than a deduction. a. True b. False 2. To mitigate the effect of the annual accounting period concept, the tax law permits the carryforward of excess charitable contributions of a particular year to other years. a. True b. False 3. The Federal estate and gift taxes are examples of progressive rate taxes. a. True b. False 4. There is a Federal excise tax on hotel occupancy. a. True b. False 5. A major advantage of a flat tax type of income tax is its simplicity. a. True b. False 6. For Federal income tax purposes, there never has been a general amnesty period. a. True b. False 7. A parent employs his twin daughters, age 17, in his sole proprietorship. The daughters are not subject to FICA coverage. a. True b. False 8. The annual exclusion, currently $15,000, is available for gift and estate tax purposes. a. True b. False 9. Because it is consistent with the wherewithal to pay concept, the tax law requires a seller to recognize a gain in the year the installment sale occurs. a. True b. False 10. No state may offer an income tax amnesty program more than once. a. True b. False

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Chap 01_2023 11. Eagle Company, a partnership, had a short-term capital loss of $10,000 during the current year. Aaron, who owns 25% of Eagle, will report $2,500 of Eagle’s short-term capital loss on his individual tax return. a. True b. False 12. As a matter of administrative convenience, the IRS would prefer to have Congress decrease (rather than increase) the amount of the standard deduction allowed to individual taxpayers. a. True b. False 13. On transfers by death, the Federal government relies on an estate tax, while states may impose an estate tax, an inheritance tax, both taxes, or neither tax. a. True b. False 14. Ultimately, most taxes are paid by individuals. a. True b. False 15. Quail Corporation is a C corporation that generates net income of $125,000 during the current year. If Quail paid dividends of $25,000 to its shareholders, the corporation must pay tax on $100,000 of net income. Shareholders must report the $25,000 of dividends as income. a. True b. False 16. An inheritance tax is a tax on a decedent’s right to pass property at death. a. True b. False 17. Carol and Candace are equal partners in Peach Partnership. In the current year, Peach had a net profit of $75,000 ($250,000 gross income – $175,000 operating expenses) and distributed $25,000 to each partner. Peach must pay tax on $75,000 of income. a. True b. False 18. The formula for the Federal income tax on corporations is the same as that applicable to individuals. a. True b. False 19. The amount of the state excise taxes on gasoline varies from state to state. a. True b. False

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Chap 01_2023 20. When a state decouples from a Federal tax provision, it means that this provision will not apply for state income tax purposes. a. True b. False 21. A provision in the law that compels accrual basis taxpayers to pay a tax on prepaid income in the year received and not when earned is consistent with generally accepted accounting principles. a. True b. False 22. The ad valorem tax on personal use personalty is more often avoided by taxpayers than the ad valorem tax on business use personalty. a. True b. False 23. An excise tax is often used to try to influence behavior. a. True b. False 24. Under Clint’s will, all of his property passes to either the Lutheran Church or to his wife. No Federal estate tax will be due on Clint’s death. a. True b. False 25. Donald owns a 45% interest in a partnership that earned $130,000 in the current year. He also owns 45% of the stock in a C corporation that earned $130,000 during the year. Donald received $20,000 in distributions from each of the two entities during the year. With respect to this information, Donald must report $78,500 of income on his individual income tax return for the year. a. True b. False 26. Not all of the states that impose a general sales tax also have a use tax. a. True b. False 27. Rajib is the sole shareholder of Cardinal Corporation, a calendar year S corporation. In the current year, Cardinal generated a net profit of $350,000 ($520,000 gross income – $170,000 operating expenses) and distributed $80,000 to Rajib. Rajib must report the Cardinal Corporation profit of $350,000 on his Federal income tax return. a. True b. False 28. In 2022, José, a widower, sells land (fair market value of $100,000) to his daughter, Linda, for $50,000. José has not made a taxable gift. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap 01_2023 29. A fixture will be subject to the ad valorem tax on personalty rather than the ad valorem tax on realty. a. True b. False 30. To lessen or eliminate the effect of multiple taxation, a taxpayer who is subject to both foreign and U.S. income taxes on the same income is allowed either a deduction or a credit for the foreign tax paid. a. True b. False 31. A state income tax can be imposed on nonresident taxpayers who earn income within the state on an itinerant basis. a. True b. False 32. The Federal excise tax on gasoline has a proportional effect on all taxpayers (that is, neither progressive or regressive). a. True b. False 33. Currently, the Federal corporate income tax is less progressive than the individual income tax. a. True b. False 34. Jason’s business warehouse is destroyed by fire. Because the insurance proceeds exceed the basis of the property, a gain results. If Jason shortly reinvests the proceeds in a new warehouse, no gain is recognized due to the application of the wherewithal to pay concept. a. True b. False 35. In cases of doubt, courts have held that tax relief provisions should be broadly construed in favor of taxpayers. a. True b. False 36. Even if property tax rates are not changed, the amount of ad valorem taxes imposed on realty may not remain the same. a. True b. False 37. Matt, the sole shareholder of Pastel Corporation (a C corporation), has the corporation pay him a salary of $600,000 in the current year. The Tax Court has held that $200,000 represents unreasonable compensation. Matt must report a salary of $400,000 and a dividend of $200,000 on his individual tax return. a. True b. False

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Chap 01_2023 38. When Congress enacts a tax cut that is phased in over a period of years, revenue neutrality is achieved. a. True b. False 39. Tomas owns a sole proprietorship, and Lucy is the sole shareholder of a C corporation. In the current year, both businesses make a net profit of $60,000. Neither business distributes any funds to the owners in the year. For the current year, Tomas must report $60,000 of income on his individual tax return, but Lucy is not required to report any income from the corporation on her individual tax return. a. True b. False 40. On occasion, Congress has to enact legislation that clarifies the tax law in order to change a result reached by the U.S. Supreme Court. a. True b. False 41. Mona inherits her mother’s personal residence, which she converts to a furnished rental house. These changes should affect the amount of ad valorem property taxes levied on the properties. a. True b. False 42. A safe and easy way for a taxpayer to avoid local and state sales taxes is to make the purchase in a state that levies no such taxes. a. True b. False 43. Two persons who live in the same state but in different counties may not be subject to the same general sales tax rate. a. True b. False 44. One of the major reasons for the enactment of the Federal estate tax was to prevent large amounts of wealth from being accumulated within a family unit. a. True b. False 45. Currently, the tax base for the Social Security component of the FICA is not limited to a dollar amount. a. True b. False 46. Various tax provisions encourage the creation of certain types of retirement plans. Such provisions can be justified on both economic and social grounds. a. True b. False

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Chap 01_2023 47. The tax law provides various tax credits, deductions, and exclusions that are designed to encourage taxpayers to obtain additional education. These provisions can be justified on both economic and equity grounds. a. True b. False 48. Unlike FICA, FUTA requires that employers comply with state as well as Federal rules. a. True b. False 49. States impose either a state income tax or a general sales tax, but not both types of taxes. a. True b. False 50. Under the usual state inheritance tax, two heirs, a cousin and a son of the deceased, would not be taxed at the same rate. a. True b. False 51. Some states use their state income tax return as a means of collecting unpaid sales and use taxes. a. True b. False 52. A tax cut enacted by Congress that contains a sunset provision will make the tax cut temporary. a. True b. False 53. The objective of pay-as-you-go (paygo) is to improve administrative feasibility. a. True b. False 54. The Federal gas-guzzler tax applies only to automobiles manufactured overseas and imported into the United States. a. True b. False 55. One of the motivations for making a gift is to save on income taxes. a. True b. False 56. The principal objective of the FUTA tax is to provide some measure of retirement security. a. True b. False 57. Sales made over the internet are not exempt from the application of a general sales (or use) tax. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap 01_2023 58. Under state amnesty programs, all delinquent and unpaid income taxes are forgiven. a. True b. False 59. Stealth taxes have the effect of generating additional taxes from all taxpayers. a. True b. False 60. The Medicare component of the FICA tax (1.45% on wages) is progressive since the tax due increases as wages increase. a. True b. False 61. Julius, a married taxpayer, makes gifts to each of his six children. A maximum of twelve annual exclusions could be allowed as to these gifts. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 62. Federal excise taxes that are no longer imposed include: a. Tax on air travel. b. Tax on wagering. c. Tax on alcohol. d. None of these. 63. State income taxes generally can be characterized by: a. The same date for filing as the Federal income tax. b. No provision for withholding procedures. c. Allowance of a deduction for Federal income taxes paid. d. Applying only to individuals but not to corporations. 64. Taxes not imposed by the Federal government include: a. Tobacco excise tax. b. Customs duties (tariffs on imports). c. Tax on rental cars. d. Gas guzzler tax.

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Chap 01_2023 65. Which, if any, of the following transactions will increase a taxing jurisdiction’s revenue from the ad valorem tax imposed on real estate? a. A resident dies and leaves his farm to his church. b. A large property owner issues a conservation easement as to some of her land. c. A tax holiday issued 10 years ago has expired. d. A bankrupt motel is acquired by the Red Cross and is to be used to provide housing for homeless persons. e. None of these. 66. Which, if any, of the following is a typical characteristic of an ad valorem tax on personalty? a. Taxpayer compliance is greater for personal use property than for business use property. b. The tax on automobiles sometimes considers the age of the vehicle. c. Most states impose a tax on intangibles. d. The tax on intangibles generates considerable revenue since it is difficult for taxpayers to avoid. 67. A characteristic of FICA tax is that: a. It does not apply when one spouse works for the other spouse. b. It is imposed only on the employer. c. It provides a modest source of income in the event of loss of employment. d. None of these. 68. Which, if any, of the following provisions cannot be justified as mitigating the effect of the annual accounting period concept? a. Nonrecognition of gain allowed for involuntary conversions. b. Net operating loss carryover provisions. c. Use of the installment method to recognize gain. d. Carryover of excess capital losses. 69. Before proposing that the state’s sales tax be expanded to include food, a legislator should ask whether: a. The state tax agency will allow this expansion. b. A majority of his constituents agree. c. Grocery stores will be able to collect the tax. d. The state’s constitution allows for this tax. 70. Two years ago, State Y enacted a new income tax credit for college prep materials. The credit is available to individuals and is equal to 40% of the cost of the items. The credit may not exceed $50 in any year. State Y's director of finance has discovered this year that the amount of credit claimed is far higher than expected. Which principle of good tax policy might not have been considered in designing this tax that caused the original cost estimate to be too low? a. Equity. b. Simplicity. c. Economy in collection. d. Minimum tax gap. Copyright Cengage Learning. Powered by Cognero.

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Chap 01_2023 71. The United States (either Federal, state, or local) does not impose: a. Franchise taxes. b. Severance taxes. c. Custom duties. d. Export duties. 72. Luis is the sole shareholder of a regular C corporation, and Eduardo owns a proprietorship. In the current year, both businesses make a profit of $80,000, and each owner withdraws $50,000 from his business. With respect to this information, which of the following statements is incorrect? a. Eduardo must report $80,000 of income on his return. b. Luis must report $80,000 of income on his return. c. Eduardo’s proprietorship is not required to pay income tax on $80,000. d. Luis’s corporation must pay income tax on $80,000. 73. Taxes levied by all states include: a. Tobacco excise tax. b. Individual income tax. c. Inheritance tax. d. General sales tax. 74. A landlord leases property upon which the tenant makes improvements. The improvements are significant and are not made in lieu of rent. At the end of the lease, the value of the improvements are not income to the landlord. This rule is an example of: a. A clear reflection of income result. b. The tax benefit rule. c. The arm’s length concept. d. The wherewithal to pay concept. 75. A rationale for the installment sale method tax rule is: a. Ability to pay. b. Equity and fairness. c. Simplicity. d. Revenue neutrality. 76. Which, if any, of the following transactions will decrease a taxing jurisdiction’s ad valorem tax revenue imposed on real estate? a. A tax holiday is granted to an out-of-state business that is searching for a new factory site. b. An abandoned church is converted to a restaurant. c. A public school is razed and turned into a city park. d. A local university sells a dormitory that will be converted for use as an apartment building.

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Chap 01_2023 77. Indicate which, if any, statement is incorrect. State income taxes: a. Can piggyback to the Federal version. b. Cannot apply to visiting nonresidents. c. Can decouple from the Federal version. d. Can provide occasional amnesty programs. 78. Allowing a tax credit for certain solar energy property can be justified: a. As helping small businesses. b. As promoting administrative feasibility. c. As promoting a government policy to use alternative energy sources. d. Based on the wherewithal to pay concept. 79. Social considerations can be used to justify: a. Allowance of a credit for child care expenses. b. Allowing excess capital losses to be carried over to other years. c. Allowing accelerated amortization for the cost of installing pollution control facilities. d. Allowing a Federal income tax deduction for state and local sales taxes. 80. A use tax is imposed by: a. The Federal government and all states. b. The Federal government and a majority of the states. c. All states but not the Federal government. d. Most of the states but not the Federal government. 81. Both economic and social considerations can be used to justify: a. Favorable tax treatment for accident and health plans provided for employees and financed by employers. b. Disallowance of any deduction for expenditures deemed to be contrary to public policy (e.g., fines, penalties, illegal kickbacks, bribes to government officials). c. Various tax credits, deductions, and exclusions that are designed to encourage taxpayers to obtain additional education. d. Allowance of a deduction for state and local income taxes paid. 82. Provisions in the tax law that promote energy conservation and more use of alternative (nonfossil) fuels can be justified by: a. Political considerations. b. Economic and social considerations. c. Promoting administrative feasibility. d. Encouragement of small business.

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Chap 01_2023 83. Which, if any, of the following provisions of the tax law cannot be justified as promoting administrative feasibility (simplifying the task of the IRS)? a. Penalties are imposed for failure to file a return or pay a tax on time. b. Annual adjustments for indexation increases the amount of the standard deduction allowed. c. Personal casualty losses in Federally declared disaster areas must exceed 10% of AGI to be deductible. d. A deduction is allowed for charitable contributions. 84. A characteristic of FUTA is that: a. It is imposed on both employer and employee. b. It is imposed solely on the employee. c. Compliance requires following guidelines issued by both state and Federal regulatory authorities. d. It is applicable to spouses of employees but not to any children under age 18. 85. Taxes levied by both states and the Federal government include: a. General sales tax. b. Customs duties. c. Hotel occupancy tax. d. None of these. 86. Which, if any, is not one of Adam Smith’s canons (principles) of taxation? a. Economy in collection b. Certainty c. Convenience of payment d. Simplicity 87. Gabriele and Lisa are married and live in a common law state. They want to make gifts to their four children in 2022. What is the maximum amount of the annual exclusion they will be allowed for these gifts? a. $15,000. b. $30,000. c. $60,000. d. $128,000. 88. Property can be transferred within the family group by gift or at death. One motivation for preferring the gift approach is: a. To take advantage of the higher unified transfer tax credit available under the gift tax. b. To avoid a future decline in value of the property transferred. c. To take advantage of the per donee annual exclusion. d. To shift income to higher bracket donees.

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Chap 01_2023 89. Which, if any, of the following taxes are regressive (rather than progressive)? a. State general sales tax b. Federal individual income tax c. Federal estate tax d. Federal gift tax Using the following choices, show the justification for each provision of the tax law listed. a. Economic considerations b. Social considerations c. Equity considerations d. Both a. and b. 90. A tax credit for amounts spent to furnish care for children while the parent is at work. 91. Additional depreciation deduction allowed for the year the asset is acquired. 92. Tax brackets are increased for inflation. 93. A small business corporation can elect to avoid the corporate income tax. 94. A deduction for contributions by an employee to certain retirement plans. 95. A deduction for qualified tuition paid to obtain higher education. 96. A deduction for certain expenses (interest and taxes) incident to home ownership. 97. A Federal deduction for state and local income taxes paid. 98. A deduction for interest on student loans. 99. A bribe to the local sheriff, although business related, is not deductible. 100. Contributions to charitable organizations are deductible. 101. A Federal deduction for state and local sales taxes paid. 102. Tax credits available for the purchase of a vehicle that uses alternative (nonfossil) fuels. 103. Tax credits for home improvements that conserve energy. 104. More rapid expensing for tax purposes of the costs of installing pollution control devices. 105. Paige is the sole shareholder of Citron Corporation. During the year, she leases a building to Citron for a monthly rental of $80,000. If the fair rental value of the building is $60,000, what are the income tax consequences to the parties involved?

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Chap 01_2023 106. Taylor, a widow, makes cash gifts to her five married children (including their spouses) and to her seven grandchildren. What is the maximum amount Taylor can give for calendar year 2022 without using her unified transfer tax credit?

107. In 1991, Martina leased real estate to Drab Corporation for 20 years. Drab Corporation made significant capital improvements to the property. In 2010, Drab decided not to renew the lease and vacated the property. At that time, the value of the improvements was $800,000. Martina sells the real estate in 2022 for $1,200,000 of which $900,000 is attributable to the improvements. When is Martina taxed on the improvements made by Drab Corporation?

108. How do the net operating loss provisions in the tax law mitigate the effect of the annual accounting concept?

109. What is the difference between an inheritance tax and an estate tax? Who imposes these taxes?

110. The tax law contains various provisions that encourage home ownership. a. b.

On what basis can this objective be justified? Are there any negative considerations? Explain.

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Chap 01_2023 111. Due to population change, Goose Creek School District has decided to close one of its high schools. Since it has no further need of the property, the school is listed for sale. The two bids it receives are as follows: United Methodist Church $1,700,000 Planet Motors 1,600,000 The United Methodist Church would use the property to establish a sectarian middle school. Planet, a wellknown car dealership, would revamp the property and operate it as a branch location. If you were a member of the School District board, what factors would you consider in evaluating the two bids?

112. What might cause an individual to owe income taxes in more than one state?

113. In 2020, Deborah became 65 years old. In 2021 she added a swimming pool and in 2022 she converted the residence to rental property and moved into an assisted living facility. Since 2019, Deborah’s ad valorem property taxes have decreased once and increased twice. Explain.

114. Virtually all state income tax returns contain checkoff boxes for donations to various causes. On what grounds has this procedure been criticized?

115. Briana lives in one state and works in the adjoining state. Both states tax the income she earns from her job. Does Briana have any relief from this apparent double taxation of the same income?

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Chap 01_2023 116. State and local governments are sometimes forced to find ways to generate additional revenue. Comment on the pros and cons of the following procedures: a. b. c.

Decouple what would be part of the piggyback format of the state income tax. Tax amnesty provisions. Internet shaming.

117. A lack of compliance in the payment of use taxes can be resolved by several means. In this regard, comment on the following: a. b.

Registration of automobiles. Reporting of Internet purchases on state income tax returns.

118. In connection with facilitating the function of the IRS in the administration of the tax laws, comment on the utility of the following: a. b. c.

An increase in the amount of the standard deduction. Dollar and percentage limitations on the deduction of personal casualty losses in Federally declared disaster areas. Availability of interest and penalties for taxpayer noncompliance.

119. Sofía is the sole shareholder of Thrush Corporation, a C corporation. In the current year, Thrush earned $350,000 and distributed $75,000 to Sofía. Kirk is the sole shareholder of Swallow Corporation, an S corporation. In the current year, Swallow earned $350,000 and distributed $75,000 to Kirk. Contrast the tax treatment of Thrush Corporation and Sofía with the tax treatment of Swallow Corporation and Kirk.

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Chap 01_2023 120. In terms of revenue neutrality, comment on a tax cut enacted by Congress that: a. b.

Contains revenue offsets. Includes a sunset provision.

121. Tracy has just been audited and the IRS agent has issued an RAR that assesses a large deficiency. Since Tracy disagrees with the result, her next step is to go to court. Do you agree?

122. Antonio dies with an estate worth $20 million. Under his will, $10 million passes to his wife and $10 million goes to his church. What is Antonio’s Federal estate tax result?

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Chap 01_2023 123. Compare the basic tax and nontax factors of doing business as a partnership, an S corporation, and a C

corporation. Circle the correct answers.

Tax Questions

Column A Partnership

Column B S Corporation

Column C C Corporation

Who pays tax on the entity’s income?

Partners Partnership

Shareholders S corporation

Shareholders C Corporation

Are operating losses passed through to owners?

Yes No

Yes No Yes No

Are capital gains (losses) reported on owners’ tax returns as such?

Yes No

Are distributions of profits taxable to owners?

Yes No

Yes No Yes No

Nontax Factors

Partnership

S Corporation

C Corporation

Is the liability of owners limited?

Yes No

Is there free transferability of ownership interests?

Yes No

124. The tax law contains various tax credits, deductions, and exclusions that are designed to encourage taxpayers to obtain additional education. On what grounds can these provisions be justified?

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Chap 01_2023 125. What are the pros and cons of the following state and local tax provisions? a. b. c.

An ad valorem property tax holiday made available to a manufacturing plant that is relocating. Hotel occupancy tax and a rental car surcharge. A back-to-school sales tax holiday.

126. Ultimately, most taxes are paid by individuals. Explain what this means in terms of income and payroll taxes paid by a corporation.

127. The Federal income tax is based on a pay-as-you-go system and has become a “mass tax.” Explain this statement.

128. Congress reacts to judicial decisions that interpret the tax law in different ways. When it approves of a decision, Congress may act to amend the Code to incorporate the holding. When it disapproves, Congress may amend the Code to nullify its effect. Give an example of each one of these congressional reactions.

129. The tax law allows, under certain conditions, deferral of gain recognition for involuntary conversions. a. b.

What is the justification for this relief measure? What happens if the proceeds are not entirely reinvested?

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Chap 01_2023 130. What is a severance tax? How productive can it be in terms of generating revenue?

131. Morgan inherits her father’s personal residence including all of the furnishings. She plans to add a swimming pool and sauna to the property and rent it as a furnished house. What are some of the ad valorem property tax issues Morgan can anticipate?

132. The tax law allows an income tax deduction (or a credit) for foreign income taxes. Explain why.

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Chap 01_2023 Answer Key 1. True 2. True 3. True 4. False 5. True 6. True 7. True 8. False 9. False 10. False 11. True 12. False 13. True 14. True 15. False 16. False 17. False 18. False 19. True 20. True 21. False 22. True 23. True 24. True 25. True 26. False

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Chap 01_2023 27. True 28. False 29. False 30. True 31. True 32. False 33. True 34. True 35. False 36. True 37. True 38. False 39. True 40. True 41. True 42. False 43. True 44. True 45. False 46. True 47. False 48. True 49. False 50. True 51. True 52. True 53. True 54. False Copyright Cengage Learning. Powered by Cognero.

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Chap 01_2023 55. True 56. False 57. True 58. False 59. False 60. False 61. True 62. d 63. a 64. c 65. c 66. b 67. d 68. a 69. d 70. d 71. d 72. b 73. a 74. d 75. a 76. a 77. b 78. c 79. a 80. d 81. c 82. b Copyright Cengage Learning. Powered by Cognero.

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Chap 01_2023 83. d 84. c 85. d 86. d 87. d 88. c 89. a 90. b 91. a 92. c 93. a 94. d 95. d 96. d 97. c 98. d 99. b 100. b 101. c 102. a 103. a 104. a 105. The rent charged by Paige is not “arms length”; as such, Citron Corporation’s rent deduction is $60,000 (not $80,000). The $20,000 difference is a nondeductible dividend distribution. For Paige, the change merely requires reclassification. Instead of $80,000 of rent income, she has $60,000 of rent income and $20,000 of dividend income. 106. $272,000 [$16,000 (annual exclusion) × 17 donees]. 107. Martina is not subject to taxation on the improvements until she disposes of the property (i.e., 2022). After a controversial Supreme Court decision years ago, Congress clarified the tax law to make it more consistent with the wherewithal to pay concept.

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Chap 01_2023 108. Without the allowance of a loss carryforward, the losses would disappear. As shown by Example 27, this result places a business with profit and loss fluctuations on a more level playing field with one that maintains a stable income pattern. 109. An inheritance tax is a tax on the right to receive property from a decedent. An estate tax is imposed on the right to pass property at death. The Federal government imposes estate taxes and states impose inheritance taxes. Some states impose both, whereas others impose neither. 110. a. b.

Home ownership can be justified on economic and social grounds. Granting tax advantages to persons who are purchasing their homes places the taxpayers who rent at a disadvantage. The result is inequality in treatment.

111. Although the bid from the United Methodist Church is higher, several other factors need to be considered. Does, for example, Goose Creek School District exempt property owned by churches from its ad valorem taxes? If so, losing this property from the tax base could prove very costly over the long run. Also, it is probable that income-producing property (such as a car dealership) would be taxed at a higher rate than that owned by a nonprofit organization (a school operated by a church). This assumes, of course, that the school would be taxed at all. The auto dealership also would generate sales tax. 112. Working in more than one state or owning income-generating property in more than one state can cause this. 113. The decrease probably came in 2020 when Deborah reached age 65. The increases probably occurred in 2021 when she added the pool and in 2022 when the residence was converted to rental property with the property reassessed due to the change in use and/or removal of the homestead exemption. 114. In many cases, the procedure is overused (i.e., a multiplicity of boxes). This overuse adds complexity to the return. Also, in most cases, the donation is being drawn from any income tax refund that might be due. Thus, taxpayers may not fully appreciate that they are paying for such checkoffs. 115. Most states allow their residents some form of tax credit for the income taxes paid to other states. In Briana’s case, the credit would be allowed by the state where she lives for the taxes paid to the state where she works. 116. a. b.

The decoupling process is easily accomplished regarding new Federal tax changes that have never taken effect at the state level. Taxpayers are not apt to miss what they never have enjoyed. Tax amnesty provisions generate considerable revenue. It also unmasks many taxpayers who have not previously paid taxes. Now that the taxing jurisdiction is aware of their existence, they will tend to pay taxes in the future. By use of a public internet site, the taxing authority posts the names of those taxpayers that are delinquent as to various taxes (e.g., sales, income). This public humiliation (or threat of) very often results in compliance.

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Chap 01_2023 117. a. b.

As reflected in Example 5, re-registration of a car purchased out of state is the occasion for the owner’s home state to collect the use tax. Completing the state income tax return reminds (or forces) the taxpayer to pay use tax on out of state purchases.

118. a.

An increase in the amount of the standard deduction reduces the number of taxpayers who choose to itemize their personal deductions. This, in turn, reduces the deductions the IRS has to check.

Limitations placed on casualty and theft losses curtail the number of taxpayers who can claim the deduction.

The imposition of extra penalties, in addition to the tax owed, definitely deters taxpayer noncompliance.

119. A C corporation is a separate taxable entity; thus, Thrush Corporation is taxed on the $350,000 of earnings. Income of a C corporation has no effect on the shareholders until such time a dividend is paid. When dividends are paid, shareholders must report dividend income on their tax returns. Thus, Sofía is taxed on $75,000 of dividends, and the 0%/15%/20% preferential tax rate applies with respect to the dividends. Generally, an S corporation is not subject to an entity-level Federal income tax. Instead, the corporation’s income, gains, deductions, and losses are passed through to and reported by the shareholders on their tax returns. Thus, Swallow reports the $350,000 of earnings on its tax return (Form 1120S) but pays no income tax. Kirk is taxed on the $350,000 of earnings from Swallow on his individual income tax return (Form 1040). Distributions from S corporations are not taxable to the shareholder (to the extent of stock basis). Thus, Kirk is not taxed on the $75,000 distribution from Swallow. 120. a. b.

Ideally, to achieve revenue neutrality, all tax cuts should be accompanied by revenue offsets. A sunset provision does not account for the immediate revenue losses generated by a tax cut. It merely provides that such losses will not continue beyond a specified date when the tax cut expires and the former tax law is reinstated.

121. Tracy might save herself time and expense by going to the Independent Office of Appeals of the IRS. Here, the IRS has the authority to negotiate a settlement based on the “hazards of litigation” (i.e., the probabilities of winning or losing). If a settlement is reached, resorting to the courts is avoided. 122. None. After a marital deduction of $10 million and a charitable deduction of $10 million, Antonio’s taxable estate is $0. Copyright Cengage Learning. Powered by Cognero.

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Chap 01_2023 123. The correct answers are shaded.

Tax Questions

Column A Partnership

Column B S Corporation

Column C C Corporation

Who pays tax on the entity’s income?

Partners Partnership

Shareholders S corporation

Shareholders C Corporation

Are operating losses passed through to owners?

Yes No

Are capital gains (losses) reported on owners’ tax returns as such?

Yes No

Are distributions of profits taxable to owners?

Yes No

Nontax Factors

Partnership

S Corporation

C Corporation

Is the liability of owners limited?

Yes No

Is there free transferability of ownership interests?

Yes No

124. Social and economic considerations are the justification. As to the latter, a better educated workforce carries a positive economic impact.

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Chap 01_2023 125. a.

Such a holiday is designed to attract new industry to the area. This will bring more jobs and growth in consumption. On the other hand, if the tax holiday is too generous, this places a strain on available public revenue. The result could be that schools and capital maintenance (roads, public services) will suffer. The hotel occupancy tax and car rental surcharges are popular because they mainly impact visitors. Also, they can generate considerable revenue to finance major capital improvements. If these taxes become excessive, however, they could discourage major events (such as conventions). Such holidays are very popular with both merchants and consumers and serve the social need of defraying some of the costs of sending children to school. Once established, however, they are difficult to get rid of. Thus, they become an annual drain on sales tax revenue.

126. A corporation pays many types of taxes, but like any other expenditure, some of these taxes are ultimately paid by an individual. Income taxes are included in the price the corporation charges for goods and services. Or all or part might result in reduced earnings affecting investors or through reduced wages affecting employees. The payroll taxes paid by the corporate employer are likely borne by workers in the form of lower wages. That is, if the employer did not have to pay the taxes, it could pay higher wages to employees. These taxes might also be borne by customers and investors. 127. The pay-as-you-go system is present in the wage and other withholding procedures. In the case of self-employed persons, it is manifested in the required quarterly payments for estimated taxes. The income tax became a mass tax during World War II when its coverage was extended to 74% of the population (from less than 6% in 1939). 128. Congress approved of the judicial conclusion that most stock dividends should be nontaxable and amended the Code to this effect. However, it disagreed as to when leasehold improvements should be taxed to a lessor. Consistent with the wherewithal to pay concept, the improvements are to be taxed on the termination of the lease. Thus, Congress overturned a judicial holding that would have taxed such improvements in the year they are made by the lessee. 129. a. b.

By recognizing that the taxpayer’s relative economic situation has not changed and that they lack the wherewithal to pay a tax, any recognition of realized gain is deferred. If the proceeds from an involuntary conversion are not fully reinvested in property that is similar or related in service or use, recognized gain results. Such recognized gain cannot exceed realized gain and will be limited to the amount of the proceeds not reinvested. Recognition is based on the notion that the taxpayer now has the wherewithal to pay the tax that results.

130. A severance tax is one imposed when natural resources (e.g., oil, gas, iron ore, coal) are extracted. It is based on the notion that the state has an interest in such resources. For some states, the revenue from severance taxes can be significant. Alaska, for example, relies heavily on its severance taxes and has been able to avoid both a state income tax and a general sales tax. 131. The real estate taxes probably will increase for several reasons. The capital improvements and the conversion from residential to rental will trigger the increase. Furthermore, the furnishings may generate an ad valorem tax on personalty. (Depending on applicable law, furniture might not be subject to tax unless used for business purposes— such as in this case.) Copyright Cengage Learning. Powered by Cognero.

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Chap 01_2023 132. The deduction (or a credit) for foreign income taxes can be justified on the grounds that it mitigates the double tax imposed on the same income.

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Chap 02_2023 Indicate whether the statement is true or false. 1. Normally, when the Senate version of a tax bill differs from that passed by the House, a Joint Conference Committee drafts a compromise tax bill. a. True b. False 2. Electronic (online) databases are most frequently searched by the keyword approach. a. True b. False 3. The primary purpose of effective tax planning is to reduce or defer the tax in the current tax year. a. True b. False 4. Revenue Rulings issued by the National Office of the IRS carry the same legal force and effect as Regulations. a. True b. False 5. The following citation could be a correct citation: Rev. Rul. 2021-42,1995-64 I.R.B. 982. a. True b. False 6. Three judges will normally hear each U.S. Tax Court case. a. True b. False 7. Revenue tax measures typically originate in the Senate Finance Committee of the U.S. Congress. a. True b. False 8. Subchapter D refers to the “Corporate Distributions and Adjustments” section of the Internal Revenue Code. a. True b. False 9. Revenue Rulings are first published in the Internal Revenue Bulletin. a. True b. False 10. This Internal Revenue Code section citation is correct: § 212(1). a. True b. False 11. The following citation is correct: Larry G. Mitchell, 131 T.C. 215 (2008). a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap 02_2023 12. Texas is in the jurisdiction of the Second Circuit Court of Appeals. a. True b. False 13. Arizona is in the jurisdiction of the Eighth Circuit Court of Appeals. a. True b. False 14. A taxpayer should always minimize their tax liability. a. True b. False 15. The petitioner refers to the party against whom a suit is brought. a. True b. False 16. Before a tax bill can become law, it must be approved (signed) by the President of the United States. a. True b. False 17. Tax planning usually involves a completed transaction. a. True b. False 18. In general, Regulations are issued immediately after a statute is enacted. a. True b. False 19. A treasure trove is taxable when sold or exchanged. a. True b. False 20. The Regulation section of the CPA exam is approximately 80% Taxation and 20% Law & Professional Responsibilities. a. True b. False 21. A taxpayer can obtain a jury trial in the U.S. Tax Court. a. True b. False 22. A taxpayer must pay any tax deficiency assessed by the IRS and sue for a refund to bring suit in the U.S. Court of Federal Claims. Only in the Tax Court can jurisdiction be obtained without first paying the assessed tax deficiency. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap 02_2023 23. A letter ruling applies only to the taxpayer who asks for and obtains a letter ruling. a. True b. False 24. A Bluebook is substantial authority for purposes of the accuracy related penalty. a. True b. False 25. The first codification of the tax law occurred in 1954. a. True b. False 26. A Temporary Regulation under § 303 of the Code would be cited as follows: Temp. Reg. § 303. a. True b. False 27. Temporary Regulations are only published in the Internal Revenue Bulletin. a. True b. False 28. Determination letters usually involve completed transactions. a. True b. False 29. Revenue Rulings issued by the National Office of the IRS carry the same legal force and effect as Regulations. a. True b. False 30. Currently, the Internal Revenue Code of 1986 does not contain §§ 308, 309, and 310. This absence means these sections were repealed by Congress. a. True b. False 31. The research process should always begin with a tax service. a. True b. False 32. Technical Advice Memoranda deal with completed transactions. a. True b. False 33. The U.S. Tax Court meets most often in Washington, D.C. a. True b. False

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Chap 02_2023 34. There is a direct conflict between an Internal Revenue Code section adopted in 2017 and a treaty with France (signed in 2016). The Internal Revenue Code section controls. a. True b. False 35. The granting of a Writ of Certiorari indicates that at least four members of the Supreme Court believe that an issue is of sufficient importance to be heard by the full court. a. True b. False 36. There are 11 geographic U.S. Circuit Court of Appeals. a. True b. False 37. A taxpayer must pay any tax deficiency assessed by the IRS and sue for a refund to bring suit in the U.S. District Court. a. True b. False 38. Subchapter C refers to the subchapter in the Internal Revenue Code that deals with partnerships and partners. a. True b. False 39. The Index to Federal Tax Articles (published by Thomson Reuters) is available electronically. a. True b. False 40. In recent years, Congress has been relatively successful in simplifying the Internal Revenue Code. a. True b. False 41. The term petitioner is a synonym for defendant. a. True b. False 42. The IRS is not required to make a letter ruling public. a. True b. False 43. A tax professional need not worry about the relative weight of authority within the various tax law sources. a. True b. False 44. In a U.S. District Court, a jury can decide both questions of fact and questions of law. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap 02_2023 45. The IRS issues an acquiescence or nonacquiescence only for regular Tax Court decisions. a. True b. False 46. Post-1984 letter rulings may be substantial authority for purposes of the accuracy-related penalty in § 6662. a. True b. False 47. Deferring income to a subsequent year is considered to be tax avoidance. a. True b. False 48. Technical Advice Memoranda may not be cited as precedents by taxpayers. a. True b. False 49. The Golsen rule has been overturned by the U.S. Supreme Court. a. True b. False 50. A Revenue Ruling is an administrative source of Federal tax law. a. True b. False 51. Revenue Procedures deal with the internal management practices and procedures of the IRS. a. True b. False 52. A U.S. District Court is considered the lowest trial court. a. True b. False 53. Tax changes passed as part of the American Rescue Plan Act of 2021 became part of the Internal Revenue Code of 1986. a. True b. False 54. Rules of tax law do not include Revenue Rulings and Revenue Procedures. a. True b. False

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Chap 02_2023 Indicate the answer choice that best completes the statement or answers the question. 55. Which is a primary source of tax law? a. Serverino R. Nico, Jr., 67 T.C. 647 (1977). b. Article by a Federal judge in Tax Notes. c. An IRS publication. d. Written determination letter. 56. Which of the following is the lowest authority in the Federal tax law system? a. Revenue Ruling. b. Proposed Regulation. c. Interpretive Regulation. d. Revenue Procedure. 57. Which publisher offers the United States Tax Reporter? a. Thomson Reuters Checkpoint (Research Institute of America) b. Wolters Kluwer (Commerce Clearing House) c. LexisNexis d. Tax Analysts 58. Which Regulations have the force and effect of law? a. Procedural Regulations b. Finalized Regulations c. Legislative Regulations d. Interpretive Regulations 59. Which citation refers to a U.S. Tax Court decision? a. Apollo Computer, Inc. v. U.S., 95-1 (USTC ¶50,015 (Fed.Cl., 1994) b. Westreco, Inc., T.C. Memo. 1992-561 (1992). c. Bausch & Lomb, Inc. v. Comm., 933 F.2d 1084 (CA-2, 1991). d. Portland Manufacturing Co. v. Comm., 35 AFTR2d 1439 (CA-9, 1975). 60. Which company does not publish citators for tax purposes? a. John Wiley & Sons b. Wolters Kluwer (Commerce Clearing House) c. Thomson Reuters (RIA) d. Westlaw 61. Which of the following is not an administrative source of tax law? a. Chief Counsel Advice (CCA) b. Notice c. Code § 199A d. General Counsel Memorandum Copyright Cengage Learning. Powered by Cognero.

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Chap 02_2023 62. Which of the following statements about a nonacquiescence is correct? a. A nonacquiescence is issued in the Federal Registrar. b. Nonacquiescences are published only for certain regular decisions of the U.S. Tax Court. c. A nonacquiescence in published in the Internal Revenue Bulletin. d. The IRS does not issue nonacquiescences to adverse decisions that are not appealed. 63. If these citations appeared after a trial court decision, which one means that the decision was overruled? a. Aff’d 633 F.2d 512 (CA-7, 1980). b. Rem’d 399 F.2d 800 (CA-5, 1968). c. Aff’d 914 F.2d 396 (CA-3, 1990). d. Rev’d 935 F.2d 203 (CA-5, 1991). 64. Tax bills are handled by which committee in the U.S. House of Representatives? a. Taxation Committee b. Ways and Means Committee c. Finance Committee d. Budget Committee 65. The IRS will not acquiesce to the following tax decisions: a. U.S. District Court. b. U.S. Tax Court. c. U.S. Court of Federal Claims. d. Small Case Division of the U.S. Tax Court. 66. A taxpayer who loses in a U.S. District Court may appeal to the: a. U.S. Supreme Court. b. U.S. Tax Court. c. U.S. Court of Federal Claims. d. Appropriate U.S. Circuit Court of Appeals. 67. Which is not a judicial citation? a. CCA 200909002. b. T.C. Memo 2008-289. c. 39 TCM 32 (1979). d. 592 F.Supp.18. 68. Which statement is incorrect with respect to taxation on the CPA exam? a. The CPA exam now has only four parts. b. There are no longer task-based simulations on the exam. c. A candidate may not go back after exiting a testlet. d. Simulations include a four-function pop-up calculator.

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Chap 02_2023 69. Which publisher offers the Standard Federal Tax Reporter? a. Thomson Reuters Checkpoint (Research Institute of America) b. Wolters Kluwer (Commerce Clearing House) c. Thomson Reuters d. LexisNexis 70. Which of the following court decisions carries more weight? a. Federal District Court b. Second Circuit Court of Appeals c. U.S. Tax Court decision d. Small Cases Division of U.S. Tax Court 71. A jury trial is available in the following trial court: a. U.S. Tax Court. b. U.S. Court of Federal Claims. c. U.S. District Court. d. U.S. Circuit Court of Appeals. 72. Subtitle A of the Internal Revenue Code covers which of the following taxes? a. Income taxes b. Estate and gift taxes c. Excise taxes d. Employment taxes 73. Interpret the following citation: 64-1 USTC ¶9618, aff’d in 344 F.2d 966. a. A U.S. Tax Court Small Cases Division decision that was affirmed on appeal. b. A U.S. Tax Court decision that was affirmed on appeal. c. A U.S. District Court decision that was affirmed on appeal. d. A U.S. Circuit Court of Appeals decision that was affirmed on appeal. 74. In addressing the importance of a Regulation, an IRS agent must: a. Give equal weight to the Internal Revenue Code and the Regulations. b. Give more weight to the Internal Revenue Code rather than to a Regulation. c. Give more weight to the Regulation rather than to the Internal Revenue Code. d. Give less weight to the Internal Revenue Code rather than to a Regulation. 75. A taxpayer who decides not to pay a tax deficiency, must litigate in which court? a. Appropriate U.S. Circuit Court of Appeals b. U.S. District Court c. U.S. Tax Court d. U.S. Court of Federal Claims

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Chap 02_2023 76. Which items tell taxpayers the IRS’s reaction to certain court decisions? a. Notices b. Revenue Procedures c. Revenue Rulings d. Actions on Decisions 77. Federal tax legislation generally originates in which of the following? a. Internal Revenue Service b. Senate Finance Committee c. House Ways and Means Committee d. Senate Floor 78. The Internal Revenue Code was first codified in what year? a. 1913 b. 1923 c. 1939 d. 1954 79. In § 212(1), the number (1) stands for the: a. Section number. b. Subsection number. c. Paragraph designation. d. Subparagraph designation. 80. A taxpayer may not appeal a case from which court: a. U.S. District Court. b. U.S. Circuit Court of Appeals. c. U.S. Court of Federal Claims. d. Small Case Division of the U.S. Tax Court. 81. Which of the following sources has the highest tax validity? a. Revenue Ruling b. Revenue Procedure c. Regulations d. Internal Revenue Code section 82. Which court decision would probably carry more weight? a. Regular U.S. Tax Court decision b. Reviewed U.S. Tax Court decision c. U.S. District Court decision d. Tax Court Memorandum decision

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Chap 02_2023 83. Which is not a primary source of tax law? a. Notice 89-99, 1989-2 C.B. 422. b. Estate of Harry Holmes v. Comm., 326 U.S. 480 (1946). c. Rev. Rul. 79-353, 1979-2 C.B. 325. d. Prop. Reg. § 1.752-4T(f). 84. Which of these is not a correct citation to the Internal Revenue Code? a. Section 211 b. Section 1222(1) c. Section 2(a)(1)(A) d. All of these are correct cites. 85. Which of the following types of Regulations has the highest tax validity? a. Temporary b. Legislative c. Interpretive d. Proposed 86. Which is presently not a major tax service? a. Standard Federal Tax Reporter b. Federal Taxes c. United States Tax Reporter d. Tax Management Portfolios 87. What administrative release deals with a proposed transaction rather than a completed transaction? a. Letter Ruling b. Technical Advice Memorandum c. Determination Letter d. Field Service Advice 88. Memorandum decision of the U.S. Tax Court could be cited as: a. T.C. Memo. 1990-650. b. 68-1 USTC ¶9200. c. 37 AFTR.2d 456. d. All of the above. 89. Which tax-related website probably gives the best policy-orientation results? a. taxalmanac.org b. irs.gov c. EY.com d. taxanalysts.com

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Chap 02_2023 90. Which of the following indicates that a decision has precedential value for future cases? a. Stare decisis b. Golsen doctrine c. En banc d. Reenactment doctrine 91. What statement is not true with respect to Temporary Regulations? a. May not be cited as precedent. b. Issued with Proposed Regulations. c. Automatically expire within three years after the date of issuance. d. Found in the Federal Register. 92. Which citation refers to a Second Circuit Court of Appeals decision? a. 40 T.C. 1018. b. 159 F.2d 848 (CA-2, 1947). c. 354 F. Supp. 1003 (D.Ct. GA. 1972). d. 914 F.2d 396 (CA-3, 1990). 93. Which statement is not true with respect to a Regulation that interprets the tax law? a. Issued by the U.S. Congress. b. Issued by the U.S. Treasury Department. c. Designed to provide an interpretation of the tax law. d. Carries more legal force than a Revenue Ruling. 94. When searching on an electronic (online) tax service, which approach is more frequently used? a. Internal Revenue Code section approach b. Keyword approach c. Table of contents approach d. Index 95. Which item may not be cited as a precedent? a. Regulations b. Temporary Regulations c. Technical Advice Memoranda d. U.S. District Court decision 96. Discuss the advantages and disadvantages of the Small Cases Division of the U.S. Tax Court.

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Chap 02_2023 97. How do treaties fit within tax sources?

98. Compare Revenue Rulings with Revenue Procedures.

99. Distinguish between the jurisdiction of the U.S. Tax Court and a U.S. District Court.

100. What is a Technical Advice Memorandum?

101. How can Congressional Committee Reports be used by a tax researcher?

102. What are Treasury Department Regulations?

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Chap 02_2023 Answer Key 1. True 2. True 3. False 4. False 5. False 6. False 7. False 8. False 9. True 10. True 11. True 12. False 13. False 14. False 15. False 16. False 17. False 18. False 19. False 20. True 21. False 22. True 23. True 24. True 25. False 26. False

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Chap 02_2023 27. False 28. True 29. False 30. False 31. False 32. True 33. False 34. True 35. True 36. True 37. True 38. False 39. False 40. False 41. False 42. False 43. False 44. False 45. False 46. True 47. True 48. True 49. False 50. True 51. True 52. True 53. True 54. False Copyright Cengage Learning. Powered by Cognero.

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Chap 02_2023 55. a 56. b 57. a 58. c 59. b 60. a 61. c 62. c 63. d 64. b 65. d 66. d 67. a 68. b 69. b 70. b 71. c 72. a 73. c 74. a 75. c 76. d 77. c 78. c 79. c 80. d 81. d 82. b Copyright Cengage Learning. Powered by Cognero.

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Chap 02_2023 83. d 84. d 85. b 86. b 87. a 88. a 89. d 90. a 91. a 92. b 93. a 94. b 95. c 96. There is no appeal from the Small Cases Division. The jurisdiction of the Small Cases Division is limited to cases involving amounts of $50,000 or less. The proceedings of the Small Cases Division are informal (e.g., no necessity for the taxpayer to be represented by a lawyer or other tax adviser). Often, special trial judges rather than Tax Court judges preside over these proceedings. The decisions of the Small Cases Division are not precedents for any other court decision and are not reviewable by any higher court. Proceedings can be more timely and less expensive in the Small Cases Division. Some of these cases can now be found on the U.S. Tax Court Internet Website. 97. The U.S signs certain tax treaties (sometimes called tax conventions) with foreign countries to render mutual assistance in tax enforcement and to avoid double taxation. Tax legislation enacted in 1988 provided that neither a tax law nor a tax treaty takes general precedence. Thus, when there is a direct conflict with the Internal Revenue Code and a treaty, the most recent item will take precedence. A taxpayer must disclose on the tax return any position where a treaty overrides a tax law. There is a $1,000 penalty per failure to disclose for individuals and a $10,000 per failure to disclose penalty for corporations. 98. Revenue Rulings are official pronouncements of the National Office of the IRS. They typically provide one or more examples of how the IRS would apply a law to specific fact situations. Like Regulations, Revenue Rulings are designed to provide interpretation of the tax law. However, they do not carry the same legal force and effect as Regulations and usually deal with more restricted problems. Regulations are approved by the Secretary of the Treasury, whereas Revenue Rulings generally are not. Revenue Procedures are issued in the same manner as Revenue Rulings, but deal with the internal management practices and procedures of the IRS. Familiarity with these procedures can increase taxpayer compliance and help the IRS administer the tax laws more efficiently. A taxpayer’s failure to follow a Revenue Procedure can result in unnecessary delay or, in a discretionary situation, can cause the IRS to decline to act on behalf of the taxpayer.

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Chap 02_2023 99. The U.S. Tax Court hears only tax cases and is the most popular tax forum. The U.S. District Court hears a wide variety of nontax cases, including drug crimes and other Federal violations, as well as tax cases. Some Tax Court justices have been appointed from IRS or Treasury Department positions. For these reasons, some people suggest that the U.S. Tax Court has more expertise in tax matters. 100. The National Office of the IRS releases Technical Advice Memoranda (TAMs) weekly. TAMs resemble letter rulings in that they give the IRS’s determination of an issue. However, they differ in several respects. Letter rulings deal with proposed transactions and are issued to taxpayers at their request. In contrast, TAMs deal with completed transactions. Furthermore, TAMs arise from questions raised by IRS personnel during audits and are issued by the National Office of the IRS to its field personnel. TAMs are often requested for questions relating to exempt organizations and employee plans. TAMs are not officially published and may not be cited or used as precedent. 101. Congressional Committee Reports often explain the provisions of proposed legislation and are a valuable source of ascertaining the intent of Congress. The intent of Congress is the key to interpreting new legislation by taxpayers, especially before Regulations are published. 102. Regulations are issued by the U.S. Treasury Department under authority granted by Congress. Interpretive by nature, they provide taxpayers with considerable guidance on the meaning and application of the Internal Revenue Code. Regulations may be issued in proposed, temporary, or final form. Regulations carry considerable authority as the official interpretation of tax statutes. They are an important factor to consider in complying with the tax law. Courts generally ignore Proposed Regulations.

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Chap 03_2023 Indicate whether the statement is true or false. 1. The current tax expense reported on the GAAP financial statements generally represents the taxes actually payable to domestic or foreign governmental authorities. a. True b. False 2. The income tax expense recorded by a corporation on its GAAP financial statements includes its Federal and state income taxes but not its foreign income taxes. a. True b. False 3. A chief financial officer (CFO) probably prefers a tax planning strategy that produces a favorable temporary book-tax savings difference to one that produces a favorable permanent difference. a. True b. False 4. The tax rate reconciliation included in the income tax footnote uses temporary book-tax differences to reconcile the reported tax expense to what would be expected if all book income were currently taxable at the U.S. tax rate. a. True b. False 5. A deferred tax liability represents a potential future tax benefit associated with items reported in the current-year GAAP financial statements. a. True b. False 6. The income tax footnote to the GAAP financial statements includes a reconciliation of (1) a corporation’s hypothetical tax on book income as if it were taxed in full at the applicable U.S. income tax rates and (2) its reported tax expense. a. True b. False 7. The valuation allowance can reduce either a deferred tax asset or a deferred tax liability. a. True b. False 8. The release of a valuation allowance may relate to a tax planning strategy adopted by the taxpayer that will produce taxable income in the future. a. True b. False 9. In general, the purpose of ASC 740 is to ensure that all of the income tax consequences related to current-year book income are reported in the current-year financial statements. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap 03_2023 10. Temporary differences involve items that appear in both the GAAP financial statements and the Federal income tax return but not in the same reporting period. a. True b. False 11. A valuation allowance expresses in the financial statements that there exists uncertainty that the taxpayer will be able to recover a deferred tax asset. a. True b. False 12. Permanent differences include items that appear in the Federal income tax return as income or deduction and in the GAAP financial statements as revenue or expense but in different reporting periods. a. True b. False 13. Kling Corporation has a $150,000 favorable temporary book-tax difference. This item has the same effect on Kling’s current-year effective tax rate as a $150,000 favorable permanent book-tax difference. a. True b. False 14. An example of a book-tax difference resulting in a deferred tax asset is the excess of accelerated MACRS depreciation over GAAP straight-line depreciation. a. True b. False 15. A deferred tax liability represents a current tax liability associated with income or expense to be reported in future year GAAP financial statements. a. True b. False 16. A deferred tax asset is the expected future tax benefit (savings) associated with items reported in the currentyear GAAP financial statements. a. True b. False 17. ASC 740 addresses how an entity should report uncertain tax positions in its financial statements. a. True b. False 18. If a valuation allowance is decreased in the current year, the corporation’s effective tax rate is lower than had the valuation allowance not decreased. a. True b. False

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Chap 03_2023 Indicate the answer choice that best completes the statement or answers the question. 19. Which of the following items is not included in the GAAP financial statement income tax footnote’s effective tax rate reconciliation? a. Hypothetical tax on book income at U.S. Federal corporate tax rate. b. Total tax expense per the GAAP financial statements. c. Tax effect of temporary differences. d. Tax effect of permanent differences. 20. A GAAP valuation allowance relates to a: a. Deferred tax liability. b. Deferred tax asset. c. Both a. and b. d. Neither a. nor b. 21. Never, Inc., earns book net income before tax of $500,000. In computing its book income, Never expenses $50,000 more in warranty expense for book purposes than it is allowed to deduct for tax purposes. Never records no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21% and no valuation allowance is required, what is Never’s deferred income tax asset reported on its GAAP financial statements? a. $115,500 b. $105,000 c. $94,500 d. $10,500 22. Jogg, Inc., earns book net income before tax of $600,000. It puts into service a depreciable asset this year, and its first-year tax depreciation exceeds book depreciation by $120,000. Jogg has recorded no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21%, and that this is Jogg’s first year of operations, what is Jogg’s balance in its deferred tax asset and deferred tax liability accounts at year-end? a. $25,200 and $0. b. $0 and $0. c. $0 and $25,200. d. $25,200 and $25,200. 23. Hot, Inc.’s primary competitor is Cold, Inc. When comparing its deferred tax assets and liabilities with Cold's, which of the following benchmarking activities should Hot undertake? a. Scale the deferred tax assets and liabilities by total sales or total assets. b. Compare raw dollar amounts of deferred tax assets and liabilities. c. Ignore deferred tax assets and liabilities and focus on overall effective tax rate. d. Ignore all tax information other than the current tax expense.

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Chap 03_2023 24. Cold, Inc., reported a $100,000 total tax expense for financial statement purposes in year 1. This total expense consisted of $150,000 in current tax expense and a deferred tax benefit of $50,000. The deferred tax benefit consisted of $90,000 in deferred tax assets reduced by a valuation allowance of $40,000. In year 2, Cold reports $600,000 in book net income before tax. Cold records no other permanent or temporary book-tax differences. At the end of year 2, Cold’s management determines that the existing valuation allowance of $40,000 should be reduced to zero. What is Cold’s total tax expense for year 2? a. $250,000 b. $126,000 c. $86,000 d. $40,000 25. The best estimate of the income tax reflected on a corporation's current-year tax returns is the: a. Change in the deferred tax asset account balance. b. Change in the deferred tax liability account balance. c. Current tax expense. d. Current E&P. 26. Phyllis, Inc., earns book net income before tax of $600,000. Phyllis puts into service a depreciable asset this year, and its first-year tax depreciation exceeds book depreciation by $120,000. Phyllis has recorded no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21%, what is Phyllis’s total income tax expense reported on its GAAP financial statements? a. $151,200 b. $126,000 c. $100,800 d. $25,200 27. Van Dyke, Inc., expects to report a total book-tax expense of $150,000 in the current year. This amount consists of $200,000 in current tax expense and a $50,000 tax benefit related to the expected future use of an NOL by Van Dyke. If management determines that a valuation allowance of $20,000 must be placed against Van Dyke’s deferred tax assets, what is Van Dyke’s total book-tax expense? a. $150,000 b. $170,000 c. $200,000 d. $250,000 28. An increase to an entity’s valuation allowance might be called for when: a. The entity’s last book profit occurred 10 years ago. b. The entity’s assets have appreciated greatly in value, but there is no inclination to sell them. c. Both a. and b. d. Neither a. nor b.

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Chap 03_2023 29. JiangCo constructs the following table related to its filing position for a research activities credit. Its tax provision for the year, including $3 million for the credit, is $10 million. Resulting Estimated Tax Benefit

Probability of Agreement between JiangCo and IRS

Cumulative Probability of Agreement

$3 million

10%

$2 million

35%

45%

$1.6 million

40%

85%

$1.1 million

15%

100%

JiangCo’s book income tax expense is: a. $13 million. b. $11.6 million. c. $11.4 million. d. $10 million. 30. OldTown, Inc. took $100,000 of rehabilitation credits on its prior year tax return. There was sufficient tax authority to take the credits. However, due to uncertainty regarding the eligibility of some of the expenditures, OldTown only recognized $70,000 of the benefits in its prior year financial statements. Upon the audit of its tax return in the current year, the IRS challenged the eligibility of some of the expenditures and OldTown agreed to pay $45,000 additional tax to settle the dispute. By how much does the settlement impact OldTown’s currentyear book tax expense? a. $0. b. $15,000. c. $30,000. d. $45,000. 31. From a tax planning perspective, a taxpayer would generally prefer to see a(n): a. Increase in the current tax expense. b. Increase in the deferred tax asset account balance. c. Decrease in the deferred tax liability account balance. d. Increase in the deferred tax liability account balance. 32. Morrisson, Inc., earns book net income before tax of $500,000. In computing its book income, Morrisson expenses $50,000 more in warranty expense for book purposes than it is allowed to deduct for tax purposes. Morrisson records no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21% and no valuation allowance is required, what is Morrisson’s current income tax expense reported on its GAAP financial statements? a. $115,500 b. $105,000 c. $94,500 d. $10,500

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Chap 03_2023 33. Which of the following statements is true? a. The breakdown of tax expense between current and deferred may provide useful information regarding the comparison of tax burdens between companies. b. An analysis of earnings before interest, taxes, depreciation, and amortization (EBITDA) is often a better approach to comparing the operating results of two companies. c. One-time effects within a company’s effective tax rate should be removed before comparing the effective tax rates across companies (or across years for the same company). d. All these observations are correct. 34. Clipp, Inc., earns book net income before tax of $600,000. Clipp puts into service a depreciable asset this year, and its first-year tax depreciation exceeds book depreciation by $120,000. Clipp has recorded no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21%, what is Clipp’s deferred income tax liability reported on its GAAP financial statements? a. $151,200 b. $126,000 c. $100,800 d. $25,200 35. Which of the following items is not included in the income tax footnote for a publicly traded company? a. Rate reconciliation. b. Analysis of deferred tax assets and liabilities. c. Breakdown of income tax between foreign and domestic. d. Breakdown of income tax among U.S. states. 36. An investment analyst would prefer to see that an entity’s effective tax rate is: a. Sustainable over time. b. Less than that of competitors. c. Both a. and b. d. Neither a. nor b. 37. A GAAP financial statement includes footnotes that: a. Give estimates of the dates on which the deferred tax liability will be paid. b. Show the journal entries to determine the deferred income tax expense. c. Break down the state-by-state profitability of the entity. d. Include a reconciliation of the book effective tax rate with the applicable statutory tax rate.

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Chap 03_2023 38. South, Inc., earns book net income before tax of $400,000 in year 1. It acquires a depreciable asset in year 1, and its first-year tax depreciation exceeds book depreciation by $50,000. In year 2, South earns $500,000 book net income before tax, and its book depreciation exceeds tax depreciation by $20,000. South records no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21%, what is South’s total provision for income tax expense reported on its GAAP financial statements for year 2? a. $4,200 b. $94,500 c. $105,000 d. $109,200 39. JuarezCo constructs the following table related to its filing position for a research activities credit. Its book-tax provision for the year, including $3 million for the credit, is $10 million. Resulting Estimated Tax Benefit $3 million $2 million $1.6 million $1.1 million

Probability of Agreement between JuarezCo and IRS 10% 45% 40% 5%

Cumulative Probability of Agreement 10% 55% 95% 100%

JuarezCo’s book income tax expense is: a. $13 million. b. $12 million. c. $11.4 million. d. $11 million. 40. Income tax information can be found in an entity’s GAAP financial statements in the: a. Balance sheet. b. Income statement. c. Both a. and b. d. Neither a. nor b. 41. South, Inc., earns book net income before tax of $400,000 in year 1. It acquires a depreciable asset in year 1, and its first-year tax depreciation exceeds book depreciation by $50,000. In year 2, South earns $500,000 book net income before tax, and its book depreciation exceeds tax depreciation by $20,000. South records no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21% in both years, what is South’s current income tax expense reported on its GAAP financial statements for year 2? a. $4,200 b. $94,500 c. $105,000 d. $109,200

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Chap 03_2023 42. Qute, Inc., earns book net income before tax of $500,000. In computing its book income, Qute expenses $50,000 more in warranty expense for book purposes than it is allowed to deduct for tax purposes. Qute records no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21% and no valuation allowance is required, what is Qute’s total income tax expense reported on its GAAP financial statements? a. $115,500 b. $105,000 c. $94,500 d. $10,500 43. Which of the following items produces a temporary book-tax difference? a. Municipal bond interest. b. Federal income tax paid. c. Addition to bad debt allowance. d. Nondeductible penalties. 44. South, Inc., earns book net income before tax of $400,000 in year 1. It acquires a depreciable asset in year 1, and its first-year tax depreciation exceeds book depreciation by $50,000. In year 2, South earns $500,000 book net income before tax, and its book depreciation exceeds tax depreciation by $20,000. South records no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21% in both years, what is South’s balance in its deferred tax liability account at the end of year 2? a. $0 b. $4,200 c. $6,300 d. $10,500 45. Healy, Inc., reports an effective tax rate in its income tax footnote of 6%. The only reconciling item with regard to the hypothetical tax at 21% is a valuation allowance reversal of negative 15%. Which of the following statements is true concerning comparing Healy's effective tax rate with its competitors, all of whom have an effective tax rate between 20 and 24%? a. Healy is managing its tax burden in a more efficient manner than its competitors are. b. Healy's structural effective tax rate is actually quite close to that of its competitors. c. Healy earned more cash profits because of its lower effective tax rate. d. Healy is likely to be engaged in tax shelter activities. 46. An investment analyst would prefer to see that an entity’s effective tax rate is affected by a(n): a. Victory in a U.S. Tax Court decision this year. b. The reduction of unrecognized tax benefits due to the lapse of the related statute of limitations. c. Both a. and b. d. Neither a. nor b.

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Chap 03_2023 47. Gravel, Inc., earns book net income before tax of $600,000. Gravel puts into service a depreciable asset this year, and its first-year tax depreciation exceeds book depreciation by $120,000. Gravel has recorded no other temporary or permanent book-tax differences. Assuming that the applicable tax rate is 21%, what is Gravel’s current income tax expense reported on its GAAP financial statements? a. $151,200 b. $126,000 c. $100,800 d. $25,200

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Chap 03_2023 48. Black, Inc., is a domestic corporation with the following balance sheet for book and tax purposes at the end of the year. Assume a 21% corporate tax rate and no valuation allowance. Tax Debit/(Credit) Book Debit/(Credit) Assets Cash $ 300 $ 300 Accounts receivable 5,000 5,000 Buildings 300,000 300,000 Accumulated depreciation (150,000) (80,000) Furniture & fixtures 40,000 40,000 Accumulated depreciation (21,000) (15,000) Total assets $174,300 $250,300 Liabilities Accrued litigation expense $ –0– ($ 27,000) Note payable (116,000) (116,000) Total liabilities ($116,000) ($143,000) Stockholders’ Equity Paid-in capital ($ 1,000) ($ 1,000) Retained earnings (57,300) (106,300) Total liabilities and stockholders’ equity ($174,300) ($250,300) Black, Inc.’s, gross deferred tax assets and liabilities at the beginning of Black’s year are as follows:

Accrued litigation expense Subtotal Applicable tax rate Gross deferred tax asset Building – Accumulated depreciation Furniture & fixtures – Accumulated depreciation Subtotal Applicable tax rate Gross deferred tax liability

Beginning of Year $21,000 $21,000 × 21% $4,410 ($61,000) (3,000) ($64,000) × 21% ($13,440)

Black, Inc.’s, book income before tax is $6,000. Black records two permanent book-tax differences. It earned $250 in tax-exempt municipal bond interest and incurred $500 in nondeductible business meals expense. Provide the income tax footnote rate reconciliation for Black, using either dollars or percentages.

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Chap 03_2023

49. At the beginning of the year, Schrader, Inc., holds a net operating loss carryforward, and its balance sheet shows a related deferred tax asset of $500,000. At the end of the year, the balance in the deferred tax asset account has not changed, but Schrader’s management believes a $90,000 valuation allowance is needed, because of a persistent downturn in Schrader’s profitability. Provide the journal entry to record the valuation allowance.

50. Black, Inc., is a domestic corporation with the following balance sheet for book and tax purposes at the end of the year. Assume a 21% corporate tax rate and no valuation allowance. Tax Debit/(Credit) Assets Cash Accounts receivable Buildings Accumulated depreciation Furniture & fixtures Accumulated depreciation Total assets Liabilities Accrued litigation expense Note payable Total liabilities Stockholders’ Equity Paid in capital Retained earnings Total liabilities and stockholders’ equity

Book Debit/(Credit)

300 5,000 300,000 (150,000) 40,000 (21,000) $174,300

300 5,000 300,000 (80,000) 40,000 (15,000) $250,300

$ –0– (116,000) ($116,000)

($ 27,000) (116,000) ($143,000)

($ 1,000) (57,300)

($ 1,000) (106,300)

($174,300)

($250,300)

Black, Inc.’s, gross deferred tax assets and liabilities at the beginning of Black’s year are as follows:

Beginning of Year $20,000 $20,000 × 21% $ 4,200 ($61,000) (3,000) ($64,000) Page 11

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Chap 03_2023 Applicable tax rate Gross deferred tax liability

× 21% ($13,440)

Black, Inc.’s, book income before tax is $6,000. Black records two permanent book-tax differences. It earned $250 in tax-exempt municipal bond interest, and it incurred $500 in nondeductible business meals expense. Provide the journal entry to record Black’s current tax expense.

51. Black, Inc., is a domestic corporation with the following balance sheet for book and tax purposes at the end of the year. Assume a 21% corporate tax rate and no valuation allowance. Tax Debit/(Credit) Assets Cash Accounts receivable Buildings Accumulated depreciation Furniture & fixtures Accumulated depreciation Total Assets Liabilities Accrued litigation expense Note payable Total liabilities Stockholders’ Equity Paid-in capital Retained earnings Total liabilities and stockholders’ equity

Book Debit/(Credit)

300 5,000 300,000 (150,000) 40,000 (21,000) $174,300

300 5,000 300,000 (80,000) 40,000 (15,000) $250,300

$ –0– (116,000) ($116,000)

($ 27,000) (116,000) ($143,000)

($ 1,000) (57,300)

($ 1,000) (106,300)

($174,300)

($250,300)

Black, Inc.’s, gross deferred tax assets and liabilities at the beginning of Black’s year are as follows:

Accrued litigation expense Subtotal Applicable tax rate Gross deferred tax asset Copyright Cengage Learning. Powered by Cognero.

Beginning of Year $20,000 $20,000 × 21% $ 4,200 Page 12

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Chap 03_2023

Building – Accumulated depreciation Furniture & fixtures – Accumulated depreciation Subtotal Applicable tax rate Gross deferred tax liability

($61,000) (3,000) ($64,000) × 21% ($13,440)

52. Black, Inc., is a domestic corporation with the following balance sheet for book and tax purposes at the end of the year. Assume a 21% corporate tax rate and no need for a valuation allowance. Tax Debit/(Credit)

Book Debit/(Credit)

Assets Cash Accounts receivable Buildings Accumulated depreciation Furniture & fixtures Accumulated depreciation Total Assets

300 5,000 300,000 (150,000) 40,000 (21,000) $174,300

Liabilities Accrued litigation expense Note payable Total liabilities

$ –0– (116,000) ($116,000)

($ 27,000) (116,000) ($143,000)

($ 1,000) (57,300)

($ 1,000) (106,300)

($174,300)

($250,300)

Stockholders’ Equity Paid-in capital Retained earnings Total liabilities and stockholders’ equity

300 5,000 300,000 (80,000) 40,000 (15,000) $250,300

Black, Inc.’s, gross deferred tax assets and liabilities at the beginning of Black’s year are listed below.

Accrued litigation expense Copyright Cengage Learning. Powered by Cognero.

Beginning of Year $20,000 Page 13

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Chap 03_2023 Subtotal Applicable tax rate Gross deferred tax asset Building – Accumulated depreciation Furniture & fixtures – Accumulated depreciation Subtotal Applicable tax rate Gross deferred tax liability

$20,000 × 21% $ 4,200 ($61,000) (3,000) ($64,000) × 21% ($13,440)

Black, Inc.’s, book income before tax is $6,000. Black records two permanent book-tax differences. It earned $250 in tax-exempt municipal bond interest and incurred $500 in nondeductible business meals expense. Determine the change in Black’s deferred tax liabilities for the current year.

53. You are assisting LipidCo, a U.S. corporation preparing its financial statements under U.S. GAAP, to determine its current-year book expense for income taxes. The following represent the steps that you will take in making this computation. Put the steps into the correct order.

A. B. C. D. E. F. G.

Compute the deferred tax provision. Determine book income before income tax effects. Determine the current tax provision. Determine whether a valuation allowance is required, and apply or release it. Identify and measure temporary book-tax differences. Prepare the disclosures for the financial statement footnotes. Add/Subtract any permanent book-tax differences.

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Chap 03_2023 54. Black, Inc., is a domestic corporation with the following balance sheets for book and tax purposes at the end of the year. Assume a 21% corporate tax rate and no need for a valuation allowance. Tax Debit/(Credit) Assets Cash Accounts Receivable Buildings Accumulated Depreciation Furniture & Fixtures Accumulated Depreciation Total Assets Liabilities Accrued Litigation Expense Note Payable Total Liabilities Stockholders’ Equity Paid in Capital Retained Earnings Total Liabilities and Stockholders’ Equity

Book Debit/(Credit)

300 5,000 300,000 (150,000) 40,000 (21,000) $174,300

$ 300 5,000 300,000 (80,000) 40,000 (15,000) $250,300

$ –0– (116,000) ($116,000)

($ 27,000) (116,000) ($143,000)

($ 1,000) (57,300)

($ 1,000) (106,300)

($174,300)

($250,300)

Black, Inc.’s, gross deferred tax assets and liabilities at the beginning of Black’s year are as follows:

Beginning of Year $20,000 $20,000 × 21% $ 4,200 ($61,000) (3,000) ($64,000) × 21% ($13,440)

Black, Inc.’s, book income before tax is $6,000. Black records two permanent book-tax differences. It earned $250 in tax-exempt municipal bond interest, and it incurred $500 in nondeductible business meals expense. Determine the change in Black’s deferred tax assets for the current year.

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Chap 03_2023 55. At the beginning of the year, the balance sheet of Schrader, Inc., shows a $500,000 deferred tax asset relating to a net operating loss carryforward offset by a $90,000 valuation allowance. At the end of the year, Schrader’s management believes there is sufficient positive evidence to support releasing $20,000 of the allowance. Provide the journal entry to record this change in the valuation allowance.

56. Black, Inc., is a domestic corporation with the following balance sheets for book and tax purposes at the end of the year. Assume a 21% corporate tax rate and no valuation allowance. Tax Debit/(Credit)

Book Debit/(Credit)

Assets Cash Accounts Receivable Buildings Accumulated Depreciation Furniture & Fixtures Accumulated Depreciation Total Assets Liabilities Accrued Litigation Expense Note Payable Total Liabilities Stockholders’ Equity Paid-in Capital Retained Earnings Total Liabilities and Stockholders’ Equity

300 5,000 300,000 (150,000) 40,000 (21,000) $174,300

300 5,000 300,000 (80,000) 40,000 (15,000) $250,300

$ –0– (116,000) ($116,000)

($ 27,000) (116,000) ($143,000)

($ 1,000) (57,300)

($ 1,000) (106,300)

($174,300)

($250,300)

Black, Inc.’s, gross deferred tax assets and liabilities at the beginning of Black’s year are as follows: Beginning of Year Accrued litigation expense $20,000 Subtotal $20,000 Applicable tax rate × 21% Gross deferred tax asset $ 4,200 Building – Accumulated depreciation Furniture & fixtures – Accumulated depreciation Subtotal Applicable tax rate Gross deferred tax liability Copyright Cengage Learning. Powered by Cognero.

($61,000) (3,000) ($64,000) × 21% ($13,440) Page 16

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Chap 03_2023

Black, Inc.’s, book income before tax is $6,000. Black records two permanent book-tax differences. It earned $250 in tax-exempt municipal bond interest, and it incurred $500 in nondeductible business meals expense. Determine the net deferred tax asset or net deferred tax liability at year-end.

57. Budlow, Inc., reported the following results for the current year.

Book income (before tax) Tax depreciation in excess of book Warranty expense, not deductible currently Municipal bond interest income

$500,000 75,000 17,500 10,000

Determine Budlow’s current tax expense for the year assuming a combined federal, state, and foreign tax rate of 25%.

58. You are the tax adviser to a publicly traded U.S. corporation. How might you use a “benchmarking” analysis to begin your review of the entity’s tax situation and planning opportunities?

59. A corporation’s taxable income almost never is the same as its GAAP financial accounting income. Discuss the types of differences that exists between the two. Use the terms permanent and temporary book-tax differences in your answer. Give at least two examples of each type of book-tax difference.

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Chap 03_2023 60. Jacobsen Corporation has determined the appropriate changes to its deferred tax assets and liabilities. It is now considering whether to place a valuation allowance against the deferred tax asset on the balance sheet. List some of the factors that Jacobsen should consider in this regard.

61. Bryden Corporation is considering two tax planning strategies. Both would produce a $1 million tax savings. One of the strategies involves a temporary book-tax difference, and the other would generate a permanent difference. In general, which plan would the Bryden CFO prefer? Which would a stock analyst reviewing the Bryden valuation prefer?

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Chap 03_2023 Answer Key 1. True 2. False 3. False 4. False 5. False 6. True 7. False 8. True 9. True 10. True 11. True 12. False 13. False 14. False 15. False 16. True 17. True 18. True 19. c 20. b 21. d 22. c 23. a 24. c 25. c 26. b

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Chap 03_2023 27. b 28. a 29. c 30. b 31. d 32. a 33. d 34. d 35. d 36. c 37. d 38. c 39. d 40. c 41. d 42. b 43. c 44. c 45. b 46. d 47. c 48. Tax on book income at statutory rate Tax-exempt income Nondeductible meals Provision for income tax expense

$ 1,260 (53) 105 1,312

% 21.00 (0.88) 1.75 21.87

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Chap 03_2023 49. Income Tax Expense (provision), Current Year

$90,000

Valuation Allowance

$90,000

50. Income Tax Expense Current Income Tax Payable

$263 $263

51. Pre-tax book income

$6,000

Book-tax adjustments Permanent Items Tax exempt income Nondeductible meals

(250) 500

Temporary differences Building depreciation Furniture & fixtures depreciation Accrued litigation expenses Taxable income Current tax expense (21%)

(9,000) (3,000) 7,000 $1,250 $ 263

52.

($61,000)

Current Year Difference ($ 9,000)

(3,000)

(6,000)

($64,000) × 21% ($13,440)

($12,000)

($76,000) × 21% ($15,960)

Beginning of Year Building – Accumulated depreciation Furniture & fixtures – Accumulated depreciation Subtotal Applicable tax rate Gross deferred tax liability Change in deferred tax Liability

End of Year ($70,000)

($ 2,520)

53. B. – G. – E. – C. – A. – D. – F.

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Chap 03_2023 54. Beginning of Year

Current Year Difference

$20,000 $20,000 × 21% $ 4,200

$7,000 $7,000

Accrued litigation expense Subtotal Applicable tax rate Gross deferred tax asset Change in deferred tax Asset

End of Year $27,000 $27,000 × 21% $ 5,670

$1,470

55. Valuation Allowance Income Tax Expense (provision), Current Year

$20,000 $20,000

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Chap 03_2023 56. Tax Debit/(Credit) Book Debit/(Credit) Assets Cash Accounts receivable Buildings Accumulated depreciation Furniture & fixtures accumulated Depreciation Total Assets

Difference

$ 300 5,000 300,000

(150,000)

(80,000)

40,000

(21,000)

(15,000)

(6,000)

$174,300

$250,300

($76,000)

($ 27,000)

$27,000

(116,000) ($143,000)

$27,000

($70,000)

Liabilities Accrued litigation Expense Note payable Total liabilities

Stockholders’ Equity Paid-in capital Retained earnings Total liabilities & stockholders’ equity

$ –0– (116,000) ($116,000)

($ 1,000) (57,300)

($ 1,000) (106,300)

($174,300)

($250,300)

Given these basis differences, the gross DTA and gross DTL are calculated as follows.

Gross deferred tax asset ($27,000 × 21%) Gross deferred tax liability ($76,000 × 21%) Net deferred tax liability

$ 5,670 (15,960) ($10,290)

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Chap 03_2023 57. Budlow reports net income before tax of $500,000 on its GAAP financial statement, but it must adjust this amount for book-tax differences. Tax depreciation in excess of book is a tax deduction not deducted for book purposes, and warranty expense is deductible for book purposes but not yet deductible for tax. Both these items are temporary differences because they eventually reverse (with book depreciation eventually exceeding tax depreciation and the warranty expense ultimately deducted for tax when incurred). The municipal bond adjustment is a permanent difference because this income never is subject to Federal income tax.

Book income (before tax) Tax depreciation in excess of book Nondeductible warranty expense Municipal bond interest income Taxable income (Form 1120) Tax rate Current tax expense

$500,000 (75,000) 17,500 (10,000) $432,500 x 25% $108,125

58. Companies may benchmark their tax situation to other companies within the same industry or to their own previous tax years. The starting point for a benchmarking exercise is the data from the income tax note rate reconciliation. When comparing effective tax rates it is important to consider which components of the effective rate produce one-time effects and which components represent structural (long-lasting) effects. In addition to comparing effective tax rates, companies can compare levels of deferred tax assets and liabilities.

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Chap 03_2023 59. Temporary differences are caused by income and expenses appearing in both the financial statement and tax return, but in different periods (i.e., a timing difference). Permanent differences are caused by items appearing in the financial statement or the tax return, but not both. Temporary differences do not affect the book total tax expense. Temporary differences merely shift tax expense (benefit) between the current and deferred accounts. Permanent differences do affect the total book-tax expense and are identified in the tax footnote rate reconciliation. Examples of temporary differences include the following. ∙

Cost recovery on fixed assets.

∙

Compensation related expenses where under GAAP, corporations must accrue the future expenses related to providing postretirement benefits other than pension (e.g., health insurance coverage), but these expenses are deductible for tax purposes only when paid.

∙

Warranty expenses accrued for book purposes but not deductible for tax purposes until incurred.

∙

Inventory write-offs accrued for book but not deductible for tax until incurred.

∙

Goodwill is not amortizable for book purposes unless and until impairment is recorded.

Examples of permanent differences include the following. ∙

Municipal bond interest income.

∙

The disallowed portion of business meals expense.

∙

Certain penalties.

∙

Tax credits.

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Chap 03_2023 60. To determine whether a valuation allowance is required, both positive and negative evidence must be evaluated. The key issue is whether the taxpayer will generate sufficient income (and tax liability) in the future to use the deferred tax asset before any benefits expire. Examples of negative evidence (i.e., evidence suggesting that the deferred tax asset will not be realized) include:

∙

History of losses.

∙

Expected future losses.

∙

Short tax credit carryback/carryforward periods.

∙

Adverse tax and legal results such as the expiration of a patent or trademark.

∙

History of tax credits expiring unused.

Examples of positive evidence (i.e., support for realizing the current benefit of future tax savings) include:

∙

Strong earnings history.

∙

Existing contracts.

∙

Unrealized appreciation in assets.

∙

Sales backlog of profitable orders.

∙

Turnaround of temporary differences that produce future taxable income.

61. In most cases, the CFO would prefer the permanent difference because that approach would reduce Bryden’s effective tax rate for the year, probably increasing its share price and the CFO’s possibility for a performance bonus. The stock analyst would prefer the strategy employing a permanent difference as it generates a $1 million overall increase in cash flows rather than a deferral of an expense. However, an analyst would like even more a plan that generates sustainable tax reductions, not one-time refunds.

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Chap 04_2023 Indicate whether the statement is true or false. 1. Nicholas owned stock that decreased in value by $20,000 during the year, but he did not sell the stock. He earned $45,000 salary, but received only $34,000 because $11,000 in taxes were withheld. Nicholas saved $10,000 of his salary and used the remainder for personal living expenses. Nicholas’s economic income for the year exceeded his gross income for tax purposes. a. True b. False 2. In the case of a below-market gift loan for which there is no exception to the imputed interest rules, the lender is deemed to have received interest income even though no interest is charged and collected. a. True b. False 3. For a person who is in the 35% marginal tax bracket, $1,000 of tax-exempt income is equivalent to $1,350 of income that is subject to tax. a. True b. False 4. Tom, a cash basis taxpayer, purchased a bond on March 31 for $10,000, plus $100 accrued interest. In December, he collected $500 interest from the bond. Tom’s interest income from the bond for the year is $500. a. True b. False 5. Laura died while employed by Violet Company. Her wife collected $40,000 on a group term life insurance policy that Violet provided its employees and $6,000 of accrued salary Laura had earned prior to her death. All of the premiums on the group term life insurance policy were excluded from the Laura’s gross income. Laura’s wife is required to recognize as gross income only the $6,000 she received for the accrued salary. a. True b. False 6. The financial accounting principle of conservatism is not well suited to the task of measuring taxable income. a. True b. False 7. Fred is a full-time teacher. He has written a book and receives royalties from it. Fred’s mother, Mabel, is age 65 and lives on her Social Security benefits and gifts from her son. This year Fred directed the publisher to make the royalty check payable to Mabel because she needs the money for support. Fred must include the amount of the royalty check in his gross income. a. True b. False 8. Gary cashed in an insurance policy on his life. He needed the funds to pay for his terminally ill wife’s medical expenses. He had paid $12,000 in premiums and he collected $30,000 from the insurance company. Gary is not required to include the gain of $18,000 ($30,000 – $12,000) in gross income. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap 04_2023 9. In 2022, Juan, a cash basis taxpayer, was offered $3,000,000 for signing a professional baseball contract. He counteroffered that he would receive $900,000 per year for four years beginning in 2023. The team accepted the counteroffer. Juan constructively received $3,000,000 in 2022. a. True b. False 10. Himari delivers pizzas for a pizza shop. On Wednesday, December 31, 2022, Himari made several deliveries and collected $400 from customers. However, Himari forgot to turn in the proceeds for the day to her employer until the following Friday, January 2, 2023. The pizza shop owner recognizes the income of $400 when he receives it from Himari in 2023. a. True b. False 11. An advance payment received in June 2022 by an accrual basis and calendar year taxpayer for services to be provided over a 36-month period can be spread over four tax years. a. True b. False 12. Frank sold his personal use automobile for a loss of $9,000. He also sold a personal coin collection for a gain of $10,000. As a result of these sales, $10,000 is subject to income tax. a. True b. False 13. Zack was the beneficiary of a life insurance policy on his deceased wife. Zack had paid $20,000 in premiums on the policy. He collected $50,000 on the policy when his wife died from a terminal illness. Because it took several months to process the claim, the insurance company paid Zack $53,000, the face amount of the policy plus $3,000 interest. Zack must include $23,000 in his gross income. a. True b. False 14. The fact that the accounting method the taxpayer uses to measure income is consistent with GAAP does not ensure that the method will be acceptable for tax purposes. a. True b. False 15. In 2012, DeAndre purchased land for $150,000. He also received $10,000 from a local cable television company in exchange for allowing the company to run an underground cable across his property. DeAndre is not required to recognize income from receiving the $10,000 because it was a return of his capital invested in the land. a. True b. False

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Chap 04_2023 16. At the beginning of 2022, Mary purchased a 3-year certificate of deposit (CD) for $8,760. The maturity value of the certificate was $10,000 and it was to yield 4.5%. She also purchased a Series EE bond for $6,400 with a maturity value in 10 years of $10,000. Mary must recognize $1,240 of income from the certificate of deposit in 2022, and $3,600 from the Series EE bonds in 2031. a. True b. False 17. A sole proprietor purchased an asset for $1,000 in 2022. Its value was $1,500 at the end of 2022. In 2023, the taxpayer sold the asset for $1,400. In 2023, the proprietor realized a taxable gain of $400 but an economic loss of $100. a. True b. False 18. The constructive receipt doctrine does not apply to accrual basis taxpayers. a. True b. False 19. Jessica is a cash basis taxpayer. When she failed to repay a loan, the bank garnished her salary. Each week $60 was withheld from Jessica’s salary and paid to the bank. Jessica is required to include the $60 each week in her gross income even though it is the creditor that benefits from the income. a. True b. False 20. When Betty was diagnosed as having a terminal illness, she sold her life insurance policy to Insurance Purchase, Inc., a company that is licensed to invest in these types of contracts. Betty sold the policy for $32,000, and Insurance Purchase, Inc. became the beneficiary. She had paid total premiums of $19,000. Betty died eight months after the sale. Insurance Purchase, Inc., collected $50,000 on the policy. The company had paid additional premiums of $4,000 on the policy. Betty's estate is not required to recognize a $13,000 gain from the sale of her life insurance policy; and Insurance Purchase, Inc. is required to recognize a $14,000 gain from the insurance policy. a. True b. False 21. Judy is a cash basis attorney. This year, she performed services in connection with the formation of a corporation and received stock with a value of $4,000 for her services. By the end of the year, the value of the stock had decreased to $2,000. She continued to hold the stock. Judy must recognize $4,000 of gross income from the stock for the current year. a. True b. False 22. The realization requirement gives an incentive to own assets that have increased in value and to sell assets whose value has decreased. a. True b. False

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Chap 04_2023 23. In the case of a gift loan of less than $100,000, the imputed interest rules apply if the donee has net investment income of over $1,000. a. True b. False 24. On December 1, 2022, Daniel, an accrual basis taxpayer, collects $12,000 rent for December 2022 and $12,000 for January 2023. Daniel must include the $24,000 in 2022 gross income. a. True b. False 25. A cash basis taxpayer purchased a certificate of deposit for $1,000 on July 1, 2022 that will pay $1,100 upon its maturity on June 30, 2024. The taxpayer must recognize a portion of the income in 2022. a. True b. False 26. On January 1, 2022, an accrual basis taxpayer entered into a contract to provide termite inspection service each month for 24 months. The amount received for the contract was $2,400. The taxpayer reported $1,200 as income on its financial statement for 2022, and should do the same for its tax return. a. True b. False 27. Barney painted his house, which saved him $3,000. According to the realization requirement, Barney must recognize $3,000 of income. a. True b. False 28. Mel was the beneficiary of a $45,000 group term life insurance policy on his deceased wife. His wife’s employer had paid all of the premiums on the policy. Mel used the life insurance proceeds to purchase a U.S. government bond, which paid him $2,500 interest during the current year. Mel’s Federal gross income from this is $2,500. a. True b. False 29. Gain on the sale of collectibles held for more than 12 months always is subject to a tax rate of 28%. a. True b. False 30. In December 2021, Adriana collected the December 2021 and January 2022 rent from a tenant. Adriana is a cash basis taxpayer. The amount collected in December 2021 for the 2022 rent should be included in her 2022 gross income. a. True b. False

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Chap 04_2023 31. Stuart has a short-term capital loss, a collectible long-term capital gain, and a long-term capital gain from land held as investment. The short-term loss is first applied to the collectible capital gain. a. True b. False 32. Ralph purchased his first Series EE bond during the year. He paid $709 for a 10-year bond with a $1,000 maturity value. The yield to maturity on the bonds was 3.5%. Ralph is not required to recognize the $291 ($1,000 – $709) original issue discount until the bond matures. However, Ralph can elect to amortize the discount over the 10-year period. a. True b. False 33. Father made an interest-free loan of $25,000 to Son who used the money to buy an SUV. Son had $1,600 interest income from a certificate of deposit for the year. Father is not required to impute interest income. a. True b. False 34. ABC Corporation declared a dividend for taxpayers of record as of December 24, 2021. The dividend checks were mailed on December 31, 2021. Ed, a cash basis shareholder, received the dividend check on January 2, 2022. Ed can delay reporting the income from the dividend until 2022. a. True b. False 35. When stock is sold after the date of declaration but before the record date, the buyer must recognize as income the dividend declared. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 36. Jerry purchased a U.S. Series EE savings bond for $744. The bond has a maturity value in 10 years of $1,000 and yields 3% interest. This is the first Series EE bond that Jerry has ever owned. a. Jerry can defer the interest income until the bond matures in 10 years. b. Jerry must report $25.60[($1,000 – $744)/10] interest income each year he owns the bond. c. The interest on the bonds is exempt from Federal income tax. d. Jerry can report all of the $256 as a capital gain in the year it matures.

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Chap 04_2023 37. For purposes of determining gross income, which of the following is true? a. A mechanic completed repairs on an automobile during the year and collected money from the customer. The customer was not satisfied with the repairs and sued the mechanic for a refund. The mechanic can defer recognition of the income until the suit has been settled. b. A taxpayer who finds a wallet full of money is required to recognize income. c. An employee receives stock worth $1,000 from her employer as compensation for her services. The employee cannot sell the stock for three years and must forfeit the stock if she leaves her job before she is able to sell it. The employee must include $1,000 in her gross income in the year she receives the stock. d. All of these are false. 38. During the year, Kim sold the following assets: business auto for a $1,000 loss, stock investment for a $1,000 loss, and pleasure yacht for a $1,000 loss. Presuming adequate income, how much of these losses may Kim claim? a. $0. b. $1,000. c. $2,000. d. $3,000. 39. Freddy purchased a certificate of deposit for $20,000 on July 1, 2022. The certificate’s maturity value in two years (June 30, 2024) is $21,218, yielding 3% before-tax interest. a. Freddy must recognize $1,218 gross income in 2022. b. Freddy must recognize $1,218 gross income in 2024. c. Freddy must recognize $600 (0.03 × $20,000) gross income in 2024. d. Freddy must recognize $300 (0.03 × $20,000 × 0.5) gross income in 2022. 40. On a particular Saturday, Tom had planned to paint a room in his house, but his employer gave him the opportunity to work that day. If Tom works, he must hire a painter for $120. Assuming Tom is in the 24% marginal tax bracket, what is the least amount he must get paid to be able to pay the painter and still have a positive cash flow from working? a. $0. b. $120. c. $158. d. $500. 41. Harold bought land from Jewel for $150,000. Harold paid $50,000 cash and gave Jewel an 8% note for $100,000. The note was to be paid over a five-year period. When the balance on the note was $80,000, Jewel began having financial difficulties. To accelerate her cash inflows, Jewel agreed to accept $60,000 cash from Harold in final payment of the note principal. a. Harold must recognize $20,000 ($80,000 – $60,000) of gross income. b. Harold is not required to recognize gross income but must reduce his cost basis in the land to $130,000. c. Harold is not required to recognize gross income since he paid the debt before it was due. d. Jewel must recognize gross income of $20,000 ($80,000 – $60,000) from discharge of the debt.

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Chap 04_2023 42. Assume a cash basis taxpayer purchased a three-year certificate of deposit on January 1 of the current year. Under the original issue discount (OID) rules which of the following is true? a. All of the income must be recognized in the year of maturity. b. The OID will be included in gross income for the year of purchase. c. The interest income will be recognized equally over three years.. d. The interest income will be recognized over three years but will be greater in the third year than in the first year. 43. The annual increase in the cash surrender value of a life insurance policy: a. Is taxed according to the original issue discount rules. b. Is not included in gross income because the policy must be surrendered to receive the cash surrender value. c. Reduces the deduction for life insurance expense. d. Is exempt because it is life insurance proceeds. 44. In the case of interest income from state and Federal bonds: a. Interest on U.S. government bonds received by a state resident can be subject to that state’s income tax. b. Interest on U.S. government bonds is subject to Federal income tax. c. Interest on bonds issued by State A received by a resident of State B cannot be subject to income tax in State B. d. All of these are correct. 45. Theresa, a cash basis taxpayer, purchased a bond on July 1, 2017, for $10,000, plus $400 of accrued interest. The bond paid $800 of interest each December 31. On March 31, 2022, she sold the bond for $9,800, which included $200 of accrued interest. a. Theresa has $200 interest income and a $400 loss from the bond in 2022. b. Theresa has $200 interest income and a $200 gain from the bond in 2022. c. Theresa has a $100 loss from the sale of the bond and no interest income. d. Theresa’s loss on the sale of the bond is $600. 46. Daniel purchased a bond on July 1, 2022, at par of $10,000 plus accrued interest of $300. On December 31, 2022, Daniel collected the $600 interest for the year. On January 1, 2023, Daniel sold the bond for $10,200. a. Daniel must recognize $300 interest income for 2022 and a $200 gain on the sale of the bond in 2023. b. Daniel must recognize $600 interest income for 2022 and a $200 gain on the sale of the bond in 2023. c. Daniel must recognize $600 interest income for 2022 and a $100 loss on the sale of the bond in 2023. d. Daniel must recognize $300 interest income for 2022 and a $100 loss on the sale of the bond in 2023.

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Chap 04_2023 47. Iris collected $150,000 on her deceased husband’s life insurance policy. The policy was purchased by the husband’s employer under a group policy. Iris’s husband had included $5,000 in gross income from the group term life insurance premiums during the years he worked for the employer. She elected to collect the policy in 10 equal annual payments of $18,000 each. a. None of the payments must be included in Iris’s gross income. b. The amount she receives in the first year is a nontaxable return of capital. c. For each $18,000 payment that Iris receives, she can exclude $500 ($5,000/$180,000 × $18,000) from gross income. d. For each $18,000 payment that Iris receives, she can exclude $15,000 ($150,000/$180,000 × $18,000) from gross income. 48. On January 1, Dave loaned his daughter, Debra, $200,000 to purchase a new car and to pay off college loans. There were no other loans outstanding between Dave and Debra. The relevant Federal rate on interest was 3 percent. The loan was outstanding for the entire year. a. If Debra has $15,000 of investment income, Dave must recognize $6,045 of imputed interest income. b. Dave must recognize $6,045 of imputed interest income regardless of the amount of Debra’s investment income. c. Debra must recognize $6,045 of imputed interest income. d. Debra must recognize $6,045 of imputed interest income if Dave has at least $6,045 of investment income. 49. The purpose of the tax rules that apply to below-market loans between family members is to: a. Discourage loans between related parties. b. Prevent shifting of income among family members. c. Prevent gifts from being disguised as bad debt expenses. d. Prevent the artificial deferral of income recognition. 50. Our tax laws create an incentive for taxpayers to ____ assets that have appreciated in value and ____ assets that have declined in value. a. sell; keep. b. sell; sell. c. keep; sell. d. keep; keep.

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Chap 04_2023 51. Maroon & Orange Gym, Inc., uses the accrual method of accounting. The corporation sells memberships that entitle the member to use the facilities at any time. A one-year membership costs $480 ($480/12 = $40 per month); a two-year membership costs $720 ($720/24 = $30 per month). Cash payment is required at the beginning of the membership period. On July 1, 2022, the company sold a one-year membership and a two-year membership. For financial reporting purposes, Maroon reports the membership income ratably over the number of months involved. How much gross income should the company report as gross income from the two contracts in 2023, the year following payment? a. $-0-. b. $600. c. $780. d. $1,200. 52. During 2022, Trevor has the following capital transactions: LTCG Long-term collectible gain STCG STCL

$ 6,000 2,000 4,000 10,000

After the netting process, the following results: a. Long-term collectible gain of $2,000. b. LTCG of $6,000, long-term collectible gain of $2,000, and a STCL of $6,000. c. LTCG of $6,000, long-term collectible gain of $2,000, and a STCL carryover to 2023 of $3,000. d. LTCG of $2,000. 53. The Blue Utilities Company paid Sue $2,000 for the right to lay an underground electric cable across her property anytime in the future. a. Sue must recognize $2,000 gross income in the current year if the company did not install the cable during the year. b. Sue is not required to recognize gross income from the receipt of the funds. c. Sue must recognize $2,000 gross income in the current year regardless of whether the company installed the cable during the year. d. Sue must recognize $2,000 gross income in the current year, and when the cable is installed, she must reduce her cost basis in the land by $2,000. 54. On January 2, 2022, Tim purchased a bond paying interest at 6% for $30,000. On March 31, 2022, he gave the bond to Jane. The bond pays $1,800 interest on December 31. Tim and Jane are cash basis taxpayers. When Jane collects the interest in December 2022: a. Tim must include all of the interest in his gross income. b. Jane must report $1,800 gross income. c. Jane reports $1,350 of interest income, and Tim reports $450 of interest income. d. Jane reports $450 of interest income, and Tim reports $1,350 of interest income.

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Chap 04_2023 55. Asia, a successful executive, is negotiating a compensation plan with her potential employer. The employer has offered to pay Asia a $600,000 annual salary, payable at the rate of $50,000 per month. Asia counteroffers to receive a monthly salary of $40,000 ($480,000 annually) and a $180,000 bonus in five years when Asia will be age 65. a. If the employer accepts Asia’s counteroffer, Asia will recognize $660,000 at the time the offer is accepted. b. If the employer accepts Asia’s counteroffer, Asia will recognize as gross income $55,000 per month [($480,000 + $180,000)/12]. c. If the employer accepts Asia’s counteroffer, Asia will recognize $40,000 income each month for the year and $180,000 in year 5. d. If the employer accepts Asia’s counteroffer, Asia must recognize imputed interest income on the $180,000 to be received in five years. 56. In December 2022, Todd, a cash basis taxpayer, paid $1,200 of fire insurance premiums for the calendar year 2023 on a building he held for rental income. Todd deducted the $1,200 of insurance premiums on his 2022 tax return. He had $150,000 of taxable income that year. On June 30, 2023, he sold the building and, as a result, received a $500 refund on his fire insurance premiums. As a result of the above: a. Todd should amend his 2022 return and claim $500 less insurance expense. b. Todd should include the $500 in 2023 gross income in accordance with the tax benefit rule. c. Todd should add the $500 to his sales proceeds from the building. d. Todd should include the $500 in 2023 gross income in accordance with the claim of right doctrine. 57. Green Company, an accrual basis taxpayer, provides business-consulting services. Clients generally pay a retainer at the beginning of a 12-month period. This entitles the client to no more than 40 hours of services. Once the client has received 40 hours of services, Green charges $500 per hour. Green Company allocates the retainer to income based on the number of hours worked on the contract. At the end of 2022, the company reported as a liability in its financial statements $50,000 of unearned revenues from these contracts. The company also reported $10,000 in unearned rent income received in 2022 from excess office space leased to other companies. Considering only this information, how much gross income must Green report in 2023 for tax purposes? a. $60,000. b. $50,000. c. $10,000. d. $-0-. 58. With respect to the unearned income from services, which of the following is true? a. The treatment of unearned income is the same for tax and financial accounting for accrual basis taxpayers. b. A cash basis taxpayer must report all of the income in the year received. c. An accrual basis taxpayer can spread the income over the period services are to be provided if all of the services will be completed within three years following the year of receipt. d. An accrual basis taxpayer can spread the income over the period services are to be provided on a contract for three years or less.

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Chap 04_2023 59. The annual increase in the cash surrender value of a life insurance policy: a. Is taxed when the individual dies and the heirs collect the insurance proceeds. b. Must be included in gross income each year under the original issue discount rules. c. Reduces the deduction for life insurance expense. d. Is not included in gross income each year because of the substantial restrictions on gaining access to the policy’s value. 60. Turquoise Company purchased a life insurance policy on the company’s chief executive officer, Joe. After the company had paid $400,000 in premiums, Joe died, and the company collected the $1.5 million face amount of the policy. The company also purchased group term life insurance on all its employees. Joe had included $16,000 in gross income for the group term life insurance premiums. Joe’s widow, Rebecca, received the $100,000 proceeds from the group term life insurance policy. a. Rebecca can exclude the life insurance proceeds of $100,000, but Turquoise must include $1,100,000 ($1,500,000 – $400,000) in gross income. b. Turquoise and Rebecca can exclude the life insurance proceeds of $1,500,000 and $100,000, respectively, from gross income. c. Turquoise can exclude $1,100,000 ($1,500,000 – $400,000) from gross income, but Rebecca must include $84,000 in gross income. d. Turquoise must include $1,100,000 ($1,500,000 – $400,000) in gross income and Rebecca must include $100,000 in gross income. 61. Perry, a single taxpayer, has taxable income of $198,000 and is in the 32% tax bracket. During 2022, he had the following capital asset transactions: Gain from the sale of a stamp collection (held for 10 years) Gain from the sale of an investment in land (held for 4 years) Gain from the sale of stock investment (held for 8 months)

$30,000 10,000 4,000

Perry’s tax consequences from these gains are as follows: a. (15% × $30,000) + (32% × $4,000). b. (15% × $10,000) + (28% × $30,000) + (32% × $4,000). c. (0% × $10,000) + (28% × $30,000) + (32% × $4,000). d. (15% × $40,000) + (32% × $4,000). 62. Flora Company owed $95,000, a debt incurred to purchase land that serves as security for the debt. a. If Flora had borrowed the funds from a bank, the bank accepts $85,000 in full payment of the debt, and Flora is solvent after the transfer, Flora does not recognize income, but the company must reduce the cost of the land by $10,000. b. If Flora had borrowed the funds from a bank and the bank accepts $85,000 in full payment of the debt, when the value of the property is $80,000, Flora can deduct a loss. c. If Flora transfers to the bank other property with a basis of $90,000 and a fair market value of $95,000 in full payment of the debt, Flora can recognize a $5,000 loss. d. If the $95,000 is owed to the person who sold the property to Flora and that person accepts $85,000 in full payment for the debt, Flora does not recognize gain but must reduce its basis in the land. Copyright Cengage Learning. Powered by Cognero.

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Chap 04_2023 63. Doug and Manuel received the following interest income in the current year: Savings account opened at Greenbacks Bank U.S.Treasury bonds Interest on State of Iowa bonds Interest on Federal tax refund Interest on state income tax refund

$4,000 250 200 150 75

Greenbacks Bank also gave Doug and Manuel a cellular phone (worth $100) for opening the savings account. What amount of interest income should they report on their joint income tax return? a. $4,775. b. $4,675. c. $4,575. d. $4,300. 64. George, an unmarried cash basis taxpayer, received the following amounts this year: Interest on savings accounts Interest on a state tax refund Interest on City of Salem school bonds Interest portion of proceeds of a 5% bank certificate of deposit purchased last year on July 1 and matured on June 30 of this year Dividends on USG common stock

$2,000 600 350 250 300

What amount should George report as gross income from dividends and interest this year? a. $2,300. b. $2,550. c. $3,150. d. $3,500. 65. Carin, a widow, elected to receive the proceeds of a $150,000 life insurance policy on the life of her deceased husband in 10 installments of $17,500 each. Her husband had paid premiums of $60,000 on the policy. In the first year, Carin collected $17,500 from the insurance company. She must include in gross income: a. $0. b. $2,500. c. $10,000. d. $25,000.

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Chap 04_2023 66. Teal company is an accrual basis taxpayer. On December 1, 2022, a customer paid for an item that was on hand, but the customer wanted the item delivered in early January 2023. Teal delivered the item on January 4, 2023. Teal properly included the sale in its 2022 income for financial accounting purposes. a. Teal must recognize the sale in its gross income in 2022. b. Teal must recognize the sale in its gross income in the year title to the goods passed to the customer, as determined under the state laws in which the store is located. c. Teal can elect to recognize the sale in its gross income in either 2022 or 2023. d. Teal must recognize the sale in its gross income in 2023. 67. Barry, a solvent individual but a recovering alcoholic, embezzled $6,000 from his employer. In the same year that he embezzled the funds, his employer discovered the theft. His employer did not fire him and told him he did not have to repay the $6,000 if he would attend Alcoholics Anonymous. Barry met the conditions and his employer canceled the debt. a. Barry did not realize any income because his employer made a gift to him. b. Barry must include $6,000 in gross income from discharge of indebtedness. c. Barry must include $6,000 in gross income under the tax benefit rule. d. Barry may exclude the $6,000 from gross income because the debt never existed. 68. What are the effects of a below-market loan for $100,000 made by a corporation to its chief executive officer as an enticement to get him to remain with the company? a. The corporation has imputed interest income and the employee is deemed to have received a gift. b. The corporation has imputed interest income and dividends paid. c. The employee has no income unless the funds are invested and produce investment income for the year. d. The employee has imputed compensation income and the corporation has imputed interest income. 69. Orange Cable TV Company, an accrual basis taxpayer, allows its customers to pay by the year in advance ($600 per year) or two years in advance ($960). In September 2022, the company collected the following amounts applicable to future services: October 2022-September 2024 services (200 two-year contracts) October 2022-September 2023 services (200 one-year contracts) Total

$192,000 120,000 $312,000

As a result of this, Orange Cable should report as gross income for 2023, the year following receipt: a. $54,000. b. $78,000. c. $258,000. d. $312,000.

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Chap 04_2023 70. Office Palace, Inc., signed a contract to lease an all-in-one printer to a new customer, Ashley, on December 27, 2022. The contract called for rent of $600 per month for a period of 36 months beginning January 1, 2023. Ashley was required to pay the first and last month’s rent at the time the lease was signed. Ashley was also required to pay a $1,500 damage deposit. Office Palace must recognize as income for the lease: a. $0 in 2022, if Office Palace is an accrual basis taxpayer. b. $7,800 in 2023, if Office Palace is a cash basis taxpayer. c. $2,700 in 2022, if Office Palace is a cash or accrual basis taxpayer. d. $1,200 in 2022. 71. Swan Finance Company, an accrual method taxpayer, requires all of its customers to carry credit life insurance. If a customer dies, the company receives from the insurance company the balance due on the customer’s loan. Ali, a customer, died owing Swan $1,500. The balance due included $200 accrued interest that Swan has included in income. When Swan collects $1,500 from the insurance company, Swan: a. Must recognize $1,500 income from the life insurance proceeds. b. Must recognize $1,300 income from the life insurance proceeds. c. Does not recognize income because life insurance proceeds are tax-exempt. d. Does not recognize income from the life insurance because the entire amount is a recovery of capital. 72. The tax concept and economic concept of income are in agreement on which of the following: a. The fair rental value of an owner-occupied home should be included in income. b. The increase in value of assets held for the entire year should be included in income for the year. c. Rent income for 2022 collected in 2021 is income for 2021. d. Income includes the value of things grown or produced by the taxpayer for the taxpayer's own consumption. 73. Gold Company was experiencing financial difficulties but was not bankrupt or insolvent. National Bank, which held a mortgage on other real estate owned by Gold, reduced the principal from $110,000 to $85,000. The bank had made the loan to Gold when it purchased the real estate from Silver, Inc. Pink, Inc., the holder of a mortgage on Gold’s building, agreed to accept $40,000 in full payment of the $55,000 due. Pink had sold the building to Gold for $150,000 that was to be paid in installments over eight years. As a result of the above, Gold must: a. Include $40,000 in gross income. b. Reduce the basis in its assets by $40,000. c. Include $25,000 in gross income and reduce its basis in its assets by $15,000. d. Include $15,000 in gross income and reduce its basis in the building by $25,000.

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Chap 04_2023 74. Imani is in the 35% marginal tax bracket. She can purchase a York County school bond yielding 3.5% interest, which is not subject to a 5% state tax. But she is interested in earning a higher return for comparable risk. Which of the following is correct: a. If she buys a corporate bond that pays 6% interest, her after-tax rate of return will be less than if she had purchased the York County school bond. b. If she buys a U.S. government bond paying 5%, her after-tax rate of return will be less than if she had purchased the York County school bond. c. If she buys a common stock paying a 4% dividend, her after-tax rate of return will be higher than if she had purchased the York County school bond. d. All of these are correct. 75. Margarita’s interest and gains on investments for the current year are as follows: Interest on Madison County school bonds Interest on U.S. government bonds Interest on a Federal income tax refund Gain on the sale of Madison County school bonds

$600 700 200 500

Margarita must report gross income in the amount of: a. $2,000. b. $1,800. c. $1,400. d. $1,300. 76. With respect to unearned income from services, which of the following is true? a. An accrual basis taxpayer will always recognize the income over the period the services will be rendered. b. A cash basis taxpayer can spread the income from a 24-month service contract over the contract period. c. If an accrual basis taxpayer sells a 36-month service contract on July 1, 2022 for $3,600, the taxpayer’s 2022 gross income from the contract is $600. d. If an accrual basis taxpayer sells a 24-month service contract on July 1, 2022, one-half (12/24) the income is recognized in 2023. 77. On November 1, 2022, Bob, a cash basis taxpayer, gave Dave common stock. On October 30, 2022, the corporation had declared a dividend payable to shareholders of record as of November 22, 2022. The dividend was paid on December 15, 2022. The corporation has paid the $1,200 dividend once each year for the past ten years, during which Bob owned the stock. When Dave collected the dividend on December 15, 2022: a. Bob must include $1,000 (10/12 x $1,200) of the dividend in his gross income. b. Bob must include all of the dividend in his gross income. c. Dave must include all of the dividend in his gross income. d. Dave should treat the $1,200 as a recovery of capital.

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Chap 04_2023 78. For the current year, David has wages of $80,000 and the following property transactions: Stock investment sales— Long-term capital gain Short-term capital loss Loss on sale of camper (purchased four years ago and used for family vacations)

$ 9,000 (12,000) (2,000)

What is David’s AGI for the current year? a. $76,000. b. $77,000. c. $78,000. d. $89,000. 79. On January 1, 2012, Cardinal Corporation issued 5% 25-year bonds at par and used the $12,000,000 proceeds to finance the construction of a new plant. On January 1, 2022, the company acquired the bonds on the open market for $11,500,000. Assuming that Cardinal is neither bankrupt nor insolvent, the acquisition and retirement of the bonds results in which of the following? a. The company must recognize a $500,000 gain. b. The company can make an election to recognize a $500,000 gain or reduce the company’s basis in the plant by $500,000. c. The company must recognize a $500,000 gain and increase it’s basis in the plant by $500,000. d. The company can amortize the $500,000 gain, recognizing income over the remaining life of the bonds. 80. Kirby, a single taxpayer, has taxable income of $40,000 and is in the 12% tax bracket. During 2022, she had the following capital asset transactions: Long-term gain from the sale of a coin collection Long-term gain from the sale of a land investment Short-term gain from the sale of a stock investment

$11,000 10,000 2,000

Kirby’s tax consequences from these gains are as follows: a. (5% × $10,000) + (12% × $13,000). b. (12% × $13,000) + (28% × $11,000). c. (0% × $10,000) + (12% × $13,000). d. (12% × $23,000).

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Chap 04_2023 81. Tonya is a cash basis taxpayer. In 2022, she paid state income taxes of $8,000 and property taxes of $5,500. In early 2023, she filed her 2022 state income tax return and received a $900 refund. a. If Tonya itemized her deductions in 2022 on her Federal income tax return, she should amend her 2022 return and reduce her itemized deductions by $900. b. If Tonya itemized her deductions in 2022 on her Federal income tax return, the refund will not affect her 2023 tax return. c. If Tonya itemized her deductions in 2022 on her Federal income tax return, she must amend her 2022 Federal income tax return and use the standard deduction. d. If Tonya itemized her deductions in 2022 on her Federal income tax return and her itemized deductions exceeded the standard deduction by more than $900, she must recognize $900 income in 2023 under the tax benefit rule. 82. Jasmine made a $60,000 interest-free loan to her son, Farhad, who used the money to start a new business. Farhad’s only sources of income were $25,000 from the business and $490 of interest on his checking account. The relevant Federal interest rate was 5%. Based on this information: a. Farhad’s business net profit will be reduced by $3,000 (0.05 × $60,000) of interest expense. b. Jasmine must recognize $3,000 (0.05 × $60,000) of imputed interest income on the below-market loan. c. Farhad’s gross income must be increased by the $3,000 (0.05 × $60,000) imputed interest income on the below-market loan. d. Jasmine does not recognize any imputed interest income and Farhad does not recognize any imputed interest expense. 83. Darryl, a cash basis taxpayer, gave 1,000 shares of Copper Company common stock to his daughter on September 29, 2022. Copper Company is a publicly held company that has declared a $2.00 per share dividend on September 30th every year for the last 20 years. Just as Darryl had expected, Copper Company declared a $2.00 per share dividend on September 30th, 2022 payable on October 15th, to stockholders of record as of October 10th. The daughter received the $2,000 dividend on October 18, 2022. a. The daughter must recognize the income because she owned the stock on October 10th. b. Darryl must recognize the income of $2,000 because the purpose of the gift was to avoid taxes. c. Darryl must recognize $1,500 of the dividend because he owned the stock for three-fourths of the year. d. Darryl must recognize the $2,000 dividend as his income because he constructively received the dividend. 84. As a general rule: I. Income from property is taxed to the person who owns the property. II. Income from services is taxed to the person who earns the income. III. The assignee of income from property must pay tax on the income. IV. The person who receives the benefit of the income must pay the tax on the income. a. Only I and II are true. b. Only III and IV are true. c. I, II, and III are true, but IV is false. d. I, II, III, and IV are true.

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Chap 04_2023 85. Maroon Corporation expects its employees’ income tax rates to increase next year. The employees use the cash method. The company presently pays on the last day of each month. The company is considering changing its policy so that the December salaries will be paid on the first day of the following year. What would be the effect on an employee of the proposed change in company policy beginning December 2022? a. The employee would be required to recognize the December 2022 salary in December 2022 because it is constructively received at the end of the month. b. The employee would be required to recognize the December 2022 salary in December 2022 because the employee has a claim of right to the income when it is earned. c. The employee will not be required to recognize the December 2022 salary until it is received, in 2023. d. The employee can elect to either include the December 2022 salary in 2022 or 2023. 86. Sarah, a majority shareholder in Teal, Inc., made a $200,000 interest-free loan to the corporation. Sarah is not an employee of the corporation. a. Sarah must recognize imputed interest expense and the corporation must recognize imputed interest income. b. Sarah must recognize imputed interest income and the corporation must recognize imputed interest expense. c. Sarah must recognize imputed dividend income and the corporation may recognize imputed interest expense. d. Neither Sarah’s nor the corporation’s gross income is affected by the loans because no interest was charged. 87. Margaret owns land that appreciates at the rate of 5% each year. Luis owns a zero-coupon (i.e., all of the interest is paid at maturity) corporate bond with a yield to maturity of 5%. At the end of 10 years, the bond will mature and the land will be sold. At the end of the 10 years, a. Margaret and Luis will have accumulated the same after-tax amounts. b. Luis will have accumulated a greater after-tax amount because the interest on the bond is tax-exempt. c. Margaret will have accumulated the greater after-tax amount because the gain on the land is tax-exempt. d. Margaret will accumulate the greater after-tax amount because she earns a return on the deferred taxes. 88. Juan was considering purchasing an interest in a tax-exempt bond fund for $100,000 when he discovered that the interest must be included on his state income tax return. The interest rate is 5%. His marginal Federal tax rate is 35%, and his marginal state income tax rate is 10%. Juan itemizes his deductions on his Federal income tax return. As an alternative, Juan can purchase a state bond (a double-exempt bond) yielding 4.9% interest that is exempt from both Federal and state income tax. Which investment would yield the greater after-tax return?

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Chap 04_2023 89. During 2022, Madison had salary income of $80,000 and the following capital transactions: LTCG LTCL STCG STCL

$13,000 15,000 13,000 6,000

How are these transactions handled for income tax purposes?

90. Javier is considering purchasing land for $10,000. He expects the land to appreciate in value 8% each year (compounded), and he will sell it at the end of 10 years. Alternatively, he is considering purchasing a bond for $10,000. The bond does not pay any annual interest but will pay $21,589 at maturity in 10 years. The before-tax rate of return on the bond is 8%. Javier is in the 40% (combined Federal and state) marginal tax bracket. He has other investments that earn an 8% before-tax rate of return. Given that the compound interest factor at 8% is 2.1589 and at 4.8% is 1.5981, how much after-tax income will Javier have after ten years if he invests in the land? In the bond?

91. José, a cash method taxpayer, is a partner in J&T Accounting Services, a calendar year partnership. Under the partnership agreement, José is to receive 20% of the partnership’s profits or losses. Each partner is allowed to withdraw $10,000 each month for their living expenses. José withdrew $120,000 during the current year as his monthly draw. However, in December, the partnership was short on cash and José was required to invest an additional $10,000 in the partnership. In March, José received $40,000 as his share of the previous year's profits. The partnership's current year earnings before partners’ withdrawals totaled $1,000,000. Compute José’s gross income from the partnership for the current year.

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Chap 04_2023 92. On January 1, 2022, Faye gave Walt, her son, a 36-month certificate of deposit she had purchased on December 31, 2020, for $8,638. The certificate had a maturity value of $10,000 and the yield to maturity was 5%. On December 1, 2022, Faye gave Walt 200 shares of stock in ABC, Inc. On November 30, 2022, ABC, Inc., had declared a dividend of $1.00 payable to stockholders of record on December 5th. How much interest and dividends should Walt include in his gross income for 2022?

93. Arnold was employed during the first six months of 2022 and earned a $90,000 salary. During the next six months, he collected $7,200 of unemployment compensation. He borrowed $6,000 (using his personal residence as collateral) and withdrew $1,000 from his savings account (on which he had earned $60 interest). Arnold’s parents loaned him $10,000 (interest-free) on July 1 of the current year, when the Federal rate was 3%. Arnold did not repay the loan during the year and used the money for living expenses. Calculate Arnold’s adjusted gross income for the year.

94. Margaret made a $90,000 interest-free loan to her son, Adam, who used the money to retire a mortgage on his personal residence and to buy a certificate of deposit. Adam’s only income for the year is his salary of $35,000 and $1,400 interest income on the certificate of deposit. Assume the relevant Federal interest rate is 4% compounded semiannually. The loan is outstanding for the entire year. a.

Based on this information, what is the effect of the loan on Margaret’s gross income for the year?

The facts are the same as above except that you discovered that Margaret had made an additional loan of $15,000 to Adam in the previous year. Adam used the funds to pay his child’s private school tuition. What are the effects of the loans on Margaret’s gross income?

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Chap 04_2023 95. During the year, Irv had the following transactions: Long-term loss on the sale of business use equipment Long-term loss on the sale of personal use camper Long-term gain on the sale of personal use boat Short-term loss on the sale of stock investment Long-term loss on the sale of land investment How are these transactions handled for income tax purposes?

$7,000 6,000 3,000 4,000 5,000

96. During 2022, Jackson, a single taxpayer, had the following capital gains and losses: Gain from the sale of coin collection (held three years) Gain from the sale of land held as an investment for six years Gain from the sale of stock held as an investment (held for 10 months) a. b.

$12,000 9,000 3,000

How much is Jackson’s tax liability if his taxable income is $32,000 and he is in the 12% tax bracket? How much is his tax liability if his taxable income is $200,000 and his tax bracket is 32% (not 12%)?

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Chap 04_2023 97. Determine the proper tax year for gross income inclusion in each of the following cases. a.

A cash basis landlord makes new tenants pay first and last month's rent at the start of the lease. When does the landlord report these items? Purple Corporation, an exterminating company, is a calendar year taxpayer. It contracts to provide service to homeowners once a month under a one-, two-, or three-year contract. For financial reporting purposes, Purple reports the income ratably over the months of the contract. On April 1 of the current year, the company sold a customer a one-year contract for $120. How much of the $120 is taxable in the current and subsequent years if the company is an accrual basis taxpayer? If the $120 is payment on a two-year contract, how much is taxed in the year the contract is sold and in the following years? If the $120 is payment on a three-year contract, how much is taxed in the year the contract is sold and in the following years? Pink, Inc., an accrual basis taxpayer, owns an amusement park whose fiscal year ends September 30. To increase business during the fall and winter months, Pink sold passes that would allow the holder to ride “free” during the months of October through March. During the month of September, $6,000 was collected from the sale of passes for the upcoming fall and winter. When will the $6,000 be taxable to Pink? A taxpayer is in the office equipment rental business and uses the accrual basis of accounting. In December he collected $5,000 in rents for the following January. When is the $5,000 taxable?

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Chap 04_2023 98. During 2022, Addison, a single taxpayer, has the following gains and losses: LTCG LTCL STCG STCL a. b.

$10,000 3,000 2,000 7,000

How much is Addison’s tax liability if she has taxable income of $34,000 and is in the 12% tax bracket? How much is Addison's tax liability if her taxable income is $195,000 and her tax bracket is 32% (not 12%)?

99. On January 2, 2022, Tammy purchased a corporate bond due in 24 months. The cost of the bond is $857 and its maturity value is $1,000. No interest is paid each year, but the compound interest rate on the bond is 8%. Tammy also purchased a Series EE United States Government bond for $558 with a maturity value in 10 years of $1,000. This is the only Series EE bond she has ever owned. The Series EE bond is sold to yield 6% interest. Tammy is 13 years old and has no other source of income. She is claimed as a dependent by her parents. Compute Tammy’s gross income from the bond and Series EE bond for 2022.

100. Ted was shopping for a new automobile. He found one that met his needs and agreed to purchase it for $23,000. He had shopped around and concluded that he could not get a better price from another dealer. After he had paid for the automobile, the dealer called to notify Ted that he was entitled to a manufacturer’s rebate of $1,500. The next week he received a $1,500 check from the manufacturer. How much should Ted include in gross income?

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Chap 04_2023 101. Gull Corporation was undergoing reorganization under the bankruptcy laws. Its shareholders, who had made loans of $300,000 to the corporation, agreed to accept additional stock with a value of $200,000 instead of repayment on the debt. The Old Line Insurance Company, which had a $400,000 mortgage on the building, agreed to reduce the principal to $250,000. A trade creditor with a receivable of $150,000 from the company agreed to accept $70,000 in full payment for the debt incurred to purchase goods that were still on hand. Finally, the company transferred some equipment with an adjusted basis of $90,000 in satisfaction of a liability for $120,000. Compute the corporation’s gross income and other adjustments necessary as a result of the above transactions.

102. In early 2022, Ben sold a yacht, held for 9 months and for pleasure, for a $5,000 gain. Concerned about offsetting the gain before year-end, Ben is considering selling one of the following—each of which would yield a $5,000 loss: ∙ Houseboat used for recreation. ∙ Truck used in business. ∙ Stock investment held for 13 months. Evaluate each choice.

103. In the case of a zero interest below-market loan by a corporation to a shareholder-employee, what difference does it make to the corporation and the shareholder whether the loan is characterized as a corporation’s loan to its shareholder or a corporation’s loan to its employee?

104. If a tax-exempt bond will yield approximately 0.65 (1 – 0.35) times the yield on a taxable bond of equal risk, who benefits from the tax exemption: the Federal government, the state and local governments who issue the bonds, or the investors?

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Chap 04_2023 105. In some foreign countries, the tax law specifically designates the types of income items that are includible in gross income. How does this approach compare with the U.S. Internal Revenue Code (§ 61)? What is a major advantage to the approach used in the U.S. tax law?

106. Katherine is 60 years old and is bargaining with her employer over deferred compensation. In exchange for reducing her current year’s salary by $50,000, she can receive a lump-sum amount in five years when she will retire. If she receives the $50,000 in the current year, she will invest in certificates of deposit that yield 5%. Katherine is in the 24% marginal tax bracket in all relevant years. What is the minimum amount Katherine should accept as a deferred pay option? [Hint: the compound interest factor is 1.1934.]

107. Rachel owns rental properties. When she rents to a new tenant, she usually requires the tenant to pay an amount in addition to the first month’s rent. The additional amount serves as security for damages to the property and the tenant’s failure to pay future rents. How should the payments be characterized (e.g., on lease documents) to minimize Rachel’s current tax liability?

108. Both Molly and Darius own property with a fair market value less than the amount of the outstanding mortgage on the property and also less than the original cost basis. Each of them was able to convince the mortgage holder to reduce the principal amount on the mortgage. Molly’s mortgage is on her personal residence and Darius’s mortgage is on rental property he owns. Both debts are recourse. a.

Explain whether each of these individuals has realized income from the reduction in the debt.

Assume that under the current system of measuring income, each of these taxpayers realized income from the reductions in the mortgages. Should either of these taxpayers be permitted to exclude any of the debt discharge income?

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Chap 04_2023 Answer Key 1. False 2. True 3. False 4. False 5. True 6. True 7. True 8. False 9. False 10. False 11. False 12. True 13. False 14. True 15. True 16. False 17. True 18. True 19. True 20. True 21. True 22. True 23. True 24. True 25. True 26. True

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Chap 04_2023 27. False 28. True 29. False 30. False 31. True 32. True 33. False 34. True 35. True 36. a 37. b 38. c 39. d 40. c 41. b 42. d 43. b 44. b 45. a 46. a 47. d 48. a 49. b 50. c 51. c 52. d 53. b 54. c Copyright Cengage Learning. Powered by Cognero.

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Chap 04_2023 55. c 56. b 57. b 58. b 59. d 60. b 61. b 62. d 63. c 64. c 65. b 66. a 67. b 68. d 69. c 70. d 71. d 72. c 73. c 74. b 75. c 76. c 77. b 78. b 79. a 80. c 81. b 82. d Copyright Cengage Learning. Powered by Cognero.

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Chap 04_2023 83. a 84. a 85. c 86. b 87. d 88. Juan will receive $5,000 before-tax from the bond fund. The state income tax is $500 [(0.10)($5,000)]. The state income tax will be deductible on the Federal return; thus, the state taxes will reduce Juan’s after-tax income by only $325 [(1.00 – 0.35)($500]. Therefore, the annual after-tax return is $4,675 ($5,000 – $325), or 4.675%. The doubleexempt bonds will yield 4.9% after tax; therefore, they are the preferred investment, assuming equal risks. 89. Combining the long-term transactions yields a net LTCL of $2,000 ($13,000 – $15,000), while the short-term process results in a net STCG of $7,000 ($13,000 – $6,000). A further combination leaves a net STCG of $5,000 ($7,000 – $2,000) which is taxed as ordinary income. Only net LTCG results in preferential tax treatment. 90. Javier should select the investment in the land. Because the tax on the bond's original issue discount must be paid each year, the after-tax return on the bond is 4.8% (8% * (1-40%)). At the end of 10 years, Javier will have accumulated $15,981 (1.5981 × $10,000) after tax. With the land, Javier’s investment will appreciate to $21,589 (2.1589 × $10,000), leaving him with $19,581 after selling the land and paying the tax on the gain ($21,589 - .15 ($21,589-$10,000). 91. José’s gross income from the partnership is his share of the partnership profits of $200,000 (0.20 × $1,000,000). The amount of the distributions he receives (normally a recovery of capital) generally does not affect the amount he includes in his gross income. A withdrawal of profits is analogous to withdrawing cash from a bank account created with after-tax earnings. His investment is a $10,000 contribution to capital. 92. Walt must report $454 of interest income and no dividends. The certificate of deposit is an original issue discount instrument. Therefore, Faye should have reported $432 (0.05 × $8,638) of interest income in 2021, and thus the adjusted basis of the CD is $9,070 ($8,638 + $432). Walt must report interest income for 2022 of $454 (0.05 × $9,070). According to the IRS in this case, the income belongs to Faye since she was the owner of the stock when the dividend was declared and she transferred the stock to Walt as a gift. 93. Salary Unemployment compensation Interest income Adjusted gross income

$ 90,000 7,200 60 $197,260

The interest-free loan does not result in gross income to Arnold because of the $10,000 exception.

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Chap 04_2023 94. a.

Margaret’s imputed interest income for the year is $1,400, which is the lesser of the imputed interest at the Federal rate of $3,636 [($90,000 × 4% × 1/2) + ($91,800 × 4% × 1/2)] or Adam’s net investment income of $1,400. Margaret’s loans to Adam exceed $100,000 ($90,000 + $15,000). Therefore, Margaret must recognize interest income equal to the Federal rate times the outstanding loans.

(0.04 × $105,000 × 1/2) = $2,100; (0.04 × $107,100 × 1/2) = $2,142 Total = $4,242

95. The business equipment is an ordinary loss of $7,000. The $6,000 loss on the camper is personal and not deductible. However, the $3,000 gain on the boat is taxable and is applied against the long-term capital loss on the land, reducing it to $2,000. The $4,000 short-term capital loss on the stock offsets ordinary income up to $3,000. The unused remaining $1,000 short-term capital loss and the $2,000 long-term capital loss from the land sale are carried over to future years. 96. a.

$1,800. Gain of $12,000 on the sale of the coin collection is taxed at 12% (lesser of 28% or 12%). The same is true for the short-term gain of $3,000. The gain of $9,000 on the sale of the land is taxed at 0%. Thus (12% × $15,000) + (0% × $9,000) = $1,800.

$5,670 [(32% × $3,000) + (28% × $12,000) + (15% × $9,000)].

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Chap 04_2023 97. a.

Both cash and accrual basis landlords report both months rent payments when received. The income deferral rule for accrual method taxpayers does not apply to rent. The payments are not considered nontaxable deposits.

b. Section 451(c) permits an accrual basis taxpayer to elect an accounting method that allows limited deferral of service income. Under this method, for the year the advance payment is received, the taxpayer reports the same amount as reported on its financial statement with the balance reported on the next year's tax return. Purple will report the following for the three contracts sold on April 1 of the current year.

Contract Term:

Year 2 Revenue (balance) $90 $30 $45 $75 $30 $90

Revenue per Month Year 1 Revenue

1 year 2 years 3 years

$10 $5 $3.33

Pink may elect a deferral method for this income. Assuming Pink recognizes the income in its financial statements when it is earned, the year subsequent to its receipt, the same is allowed for tax purposes. d. Unearned rent is taxable in the year of receipt to both the accrual and cash basis taxpayers. c.

98. a.

$0. After the initial netting process, there is a LTCG of $7,000 and a STCL of $5,000. The $5,000 of STCL is applied to the LTCG of $7,000. The final result is a net LTCG of $2,000 taxed at 0% for a tax liability of $0.

$300. See part a. for the netting process. Now the $2,000 is taxed at 15% for a tax liability of $300.

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Chap 04_2023 99. Tammy’s only recognized income is from the original issue discount of $69 ($857 × 8%) on the corporate bond. The Series EE bonds are exempt from the original issue discount rules. However, Tammy could elect to include the original issue discount on the Series EE bond each year, and it appears that the election should be made. The interest on the Series EE bond for 2020, if the election is made, is $33 ($558 × 6%).Because Tammy has no other sources of income, the effective tax rate on the accrued Series EE bond interest is zero because of the available standard deduction of $1,100. The interest reported will increase Tammy’s basis in the Series EE bond and, therefore, she will not have to recognize any income at maturity. 100. $0. Perhaps in Ted’s mind, he is $1,500 richer as a result of the rebate, since he was willing to pay $23,000 for the automobile without any knowledge of the fact that he was entitled to the rebate. However, from the point of view of measuring gross income, one could reason that he purchased an automobile for a net cost of $21,500 ($23,000 – $1,500). The fact that the net cost is less than the amount Ted was willing to pay should not affect the determination of gross income. 101. Gull is not required to recognize income from the shareholders exchanging the debt for stock (a nontaxable contribution to capital). The $80,000 reduction in debt ($150,000 – $70,000) to trade creditors can be used to reduce the basis in the goods purchased. However, Gull is required to recognize $30,000 gain ($120,000 – $90,000) from transferring the equipment in satisfaction of the debt. However, because Gulf is in bankruptcy, the $150,000 income from discharge of indebtedness on the mortgage held by Old Line can be used to reduce tax attributes (e.g., net operating loss carryover, basis in assets). 102. The sale of the houseboat produces no benefit since losses on personal use property are not deductible. The sale of the truck yields an ordinary loss of $5,000. The ordinary loss result offsets the ordinary income caused by a shortterm capital gain. The best choice, however, is the stock investment. A net long-term capital loss can neutralize a net short-term capital gain and prevent ordinary income from materializing. By itself, a net long-term capital loss can only be offset against regular income to the extent of $3,000. Also, it might obviate long-term capital gains which are taxed at preferential tax rates. 103. Imputed interest on the loan to an employee would create compensation expense equal to the amount of imputed interest that is not charged the employee. The compensation expense would be deductible by the corporation. On the other hand, the imputed interest on the shareholder loan creates a nondeductible dividend paid by the corporation. From the shareholder-employee’s perspective, dividend treatment might be preferable because the dividends are not subject to 1.45% Medicare tax and are eligible for the beneficial tax rate for qualified dividends. 104. The state and local governments benefit from the exemption because they are required to pay less interest. The exemption costs the Federal government and thus shifts resources from the Federal to the state and local governments. The investors do not derive any benefit from the exemption in this example, because the market drives the price of the exempt bonds upward so that the after-tax yields on the bonds are equal for investors in the highest marginal tax bracket (35%). 105. The Internal Revenue Code defines gross income as all income unless specifically excluded. The advantage of the U.S. system is that an all-inclusive list of types of income does not have to be developed.

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Chap 04_2023 106. $59,670

The $50,000 salary will be $38,000 [(1 – 0.24)($50,000)] after-tax. When this is invested in a CD that yields 3.8% [(1 – 0.24)(0.05)] after-tax for five years, the compounded amount will be $45,349 ($38,000 × 1.1934). If a lumpsum is received in five years, it will be subject to tax. Therefore, Katherine should receive at least $59,670 [$45,349/(1 – 0.24)]. 107. The payments should be characterized as damage deposits. This will ensure that the payments are not taxable as prepaid income. A payment to secure future rents would likely be treated as prepaid rent income. 108. a.

Each taxpayer’s liabilities were reduced. Therefore, the net worth of each has increased as measured using the cost basis in the assets. Each taxpayer also experienced a loss in the value of her or his assets. However, the losses were not realized (because each taxpayer still owns the property). Thus, each taxpayer had income from the reduction in debt but no recognized loss. Fortunately, the tax law allows the taxpayer whose property is a personal residence to exclude the income from debt discharge from gross income. The taxpayer who owns the rental home is not eligible for this debt discharge exclusion.

Allowing the exclusion from income for the homeowner but not for the investor can be justified only on the basis of a value system that says we should modify the otherwise equitable rules to favor home ownership.

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Chap_05_2023 Indicate whether the statement is true or false. 1. Under the 12-month rule for the current-period deduction of prepaid expenses of cash basis taxpayers, the asset must expire or be consumed by the end of the tax year following the year of payment. a. True b. False 2. The "luxury auto" cost recovery limits change if mid-quarter cost recovery is used. a. True b. False 3. The factor for determining the cost recovery for eligible real estate under MACRS in the year of disposition is taken from the month of the disposition. a. True b. False 4. If a taxpayer has a business with a net operating loss carryover reducing current year income, the taxpayer may want to elect to use straight-line depreciation to slow down the cost recovery. a. True b. False 5. Marge sells land to her adult son, Jason, for its $20,000 appraised value. Her adjusted basis for the land is $25,000. Marge’s recognized loss is $5,000, and Jason’s adjusted basis for the land is $25,000 ($20,000 cost + $5,000 recognized loss of Marge). a. True b. False 6. An expense need not be recurring in order to be “ordinary.” a. True b. False 7. For a new car that is used predominantly in business, the "luxury auto" limit depends on whether the taxpayer takes MACRS or straight-line depreciation. a. True b. False 8. Two-thirds of treble damage payments under the antitrust law are not deductible. a. True b. False 9. Assets that do not have a determinable useful life are not eligible for cost recovery under MACRS. a. True b. False

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Chap_05_2023 10. The maximum cost recovery method for all personal property under MACRS is 150% declining balance. a. True b. False 11. The amount of the addition to the reserve for bad debts for an accrual method taxpayer is allowed as a deduction for tax purposes but is not allowed for a cash method taxpayer. a. True b. False 12. A purchased trademark is a § 197 intangible asset. a. True b. False 13. Bernita is a sales representative for a U.S. weapons manufacturer. She pays a $100,000 "facilitation fee" to a U.S. government official associated with a weapons purchase by the U.S. Army. She makes a similar payment to a Saudi Arabian government official associated with a similar sale. Neither of these payments is deductible by Bernita’s employer. a. True b. False 14. A baseball team that pays a star player an annual salary of $25 million can deduct the entire $25 million as salary expense. If the same amount is paid to the CEO of IBM, only $1 million is deductible. a. True b. False 15. The basis of cost recovery property must be reduced by at least the cost recovery allowable. a. True b. False 16. Under MACRS, if the mid-quarter convention is applicable, all property sold is treated as being sold at the midpoint of the quarter in which it is placed in service. a. True b. False 17. Legal expenses incurred in connection with rental property are deductions from AGI. a. True b. False 18. The cost recovery basis for property converted from personal use to business use may be the fair market value of the property at the time of the conversion. a. True b. False 19. Taxpayers may elect to use the straight-line method under MACRS for personalty. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_05_2023 20. The cost of a covenant not to complete for 10 years incurred in connection with the acquisition of a business is amortized over 10 years. a. True b. False 21. The § 179 limit for a sports utility vehicle with a GVW of 7,000 pounds will not apply if the sports utility vehicle is used as a taxi. a. True b. False 22. In the current year, Crow Corporation, a C corporation, donated scientific property (basis of $30,000, fair market value of $50,000) to State University, a qualified charitable organization, to be used in research. Crow had held the property for four months as inventory. Crow Corporation may deduct $50,000 for the charitable contribution (ignoring the taxable income limitation). a. True b. False 23. A used $35,000 automobile that is used 100% for business is placed in service in 2022. If the automobile fails the 50% business usage test in the second year, no cost recovery will be recaptured. a. True b. False 24. For personal property placed in service in 2022, the § 179 maximum deduction is $1,080,000. a. True b. False 25. The § 179 deduction can exceed $1,080,000 in 2022 if the taxpayer had a § 179 amount that exceeded the taxable income limitation in the prior year. a. True b. False 26. Under the alternative depreciation system (ADS), the half-year convention must be used for personalty. a. True b. False 27. For purposes of the § 267 loss disallowance provision, a taxpayer’s aunt is a related party. a. True b. False 28. For a taxpayer who is engaged in a trade or business, the cost of investigating a business in the same field is deductible only if the taxpayer acquires the business. a. True b. False

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Chap_05_2023 29. Generally, a closely held family corporation is not permitted to take a deduction for a salary paid to a family member in calculating corporate taxable income. a. True b. False 30. Intangible drilling costs are capitalized and recovered through depletion. a. True b. False 31. Aaron, a shareholder-employee of Pigeon, Inc., receives a $300,000 salary. The IRS classifies $100,000 of this amount as unreasonable compensation. The effect of this reclassification is to decrease Aaron’s gross income by $100,000 and increase Pigeon’s gross income by $100,000. a. True b. False 32. Fines and penalties paid for violations of the law (e.g., illegal dumping of hazardous waste) are deductible only if they relate to a trade or business. a. True b. False 33. The luxury auto cost recovery limits applies to all automobiles. a. True b. False 34. Motel buildings have a cost recovery period of 27.5 years. a. True b. False 35. Legal fees incurred in connection with a criminal defense are not deductible even if the crime is associated with a trade or business. a. True b. False 36. Heron Corporation, a calendar year C corporation, had an excess charitable contribution for 2021 of $5,000. In 2022, Heron made a further charitable contribution of $20,000. Heron’s 2022 deduction is limited to $15,000 (10% of taxable income). The 2022 contribution must be applied first against the $15,000 limitation. a. True b. False 37. Cost depletion is determined by multiplying the depletion cost per unit by the number of units sold. a. True b. False 38. For real property, the ADS convention is the mid-month convention. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_05_2023 39. If startup expenses total $53,000, $51,000 of those costs are amortized over 180 months. a. True b. False 40. Percentage depletion enables the taxpayer to recover more than the cost of an asset in the form of tax deductions. a. True b. False 41. Investigation of a business unrelated to one’s present business never results in a current-period deduction of the entire amount if the amount of the investigation expenses exceeds $5,000. a. True b. False 42. Ordinary and necessary business expenses, other than cost of goods sold, of an illegal drug-trafficking business do not reduce taxable income. a. True b. False 43. The key date for calculating cost recovery is the date the asset is placed in service. a. True b. False 44. The portion of a shareholder-employee’s salary that is classified as unreasonable has no effect on the amount of the shareholder-employee’s gross income but results in an increase in the taxable income of the corporation. a. True b. False 45. The amortization period for $58,000 of startup expenses is 180 months. a. True b. False 46. Land improvements generally are not eligible for cost recovery. a. True b. False 47. Under the MACRS straight-line election for personalty, only the half-year convention is applicable. a. True b. False 48. If a taxpayer operates an illegal business, no deductions are permitted. a. True b. False

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Chap_05_2023 49. If more than 40% of the value of property other than real property is placed in service during the last quarter, all of the property placed in service in the second quarter will be allowed 7.5 months of cost recovery. a. True b. False 50. Personal property (new or used) that is used in a trade or business qualifies for additional first-year depreciation. a. True b. False 51. Property that is classified as personalty may be depreciated. a. True b. False 52. The cost recovery period for three-year class property is four years. a. True b. False 53. In the current year, Oriole Corporation donated a painting worth $30,000 to the Texas Art Museum, a qualified public charity. The museum included the painting in its permanent collection. Oriole Corporation purchased the painting five years ago for $10,000. Oriole’s charitable contribution deduction is $30,000 (ignoring the taxable income limitation). a. True b. False 54. Land costs generally are amortized rather than being cost recovered under MACRS. a. True b. False 55. Property used for the production of income is not eligible for § 179 expensing. a. True b. False 56. Jacques, who is not a U.S. citizen, makes a contribution to the campaign of a candidate for governor. Cassie, a U.S. citizen, also makes a contribution to the same campaign fund. If contributions by noncitizens are illegal under state law, the contribution by Cassie is deductible while that by Jacques is not. a. True b. False 57. The period in which an accrual basis taxpayer can deduct an expense is determined by applying the economic performance and all events tests. a. True b. False

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Chap_05_2023 58. The cash method can always be used by a corporation even if inventory and cost of goods sold are a significant income-producing factor in the business. a. True b. False 59. The inclusion amount for a leased automobile is adjusted by a business usage percentage. a. True b. False 60. The Code does not specifically define what constitutes a trade or business. a. True b. False 61. Any § 179 expense amount that is carried forward is subject to the business income limitation in the carryforward year. a. True b. False 62. Under MACRS, equipment in the 7-year MACRS class are cost recovered over seven tax years. a. True b. False 63. None of the prepaid rent paid on September 1 by a calendar year cash basis taxpayer for the next 18 months is deductible in the current period. a. True b. False 64. When a business is being purchased, if possible, the purchaser should bargain for more of the purchase price being allocated to goodwill and covenants not to compete rather than depreciable assets. a. True b. False 65. Goodwill associated with the purchase of a business cannot be amortized. a. True b. False 66. A taxpayer’s note or promise to pay satisfies the “actually paid” requirement for the cash basis method of accounting. a. True b. False 67. All listed property is subject to the substantiation requirements of § 274. a. True b. False

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Chap_05_2023 68. If an automobile is placed in service in 2022, the limitation for cost recovery in 2024 will be based on the cost recovery limits for the year 2022. a. True b. False 69. All domestic bribes (i.e., to a U.S. official) are disallowed as deductions. a. True b. False 70. The $1,000,000 limitation on the deduction of executive compensation currently applies to compensation paid to a publicly traded corporation's principal executive officer, principal financial officer, and board of directors. a. True b. False 71. Under MACRS, the double-declining balance method is used for property other than real estate with a recovery period of 15 or 20 years. a. True b. False 72. Isabella owns two business entities. She may be able to use the cash method for one and the accrual method for the other. a. True b. False 73. An election to use straight-line under ADS is made on an asset-by-asset basis for property other than eligible real estate. a. True b. False 74. The amount of startup expenditures that can be deducted in the year incurred is the greater of the actual amount of such expenses or $5,000. a. True b. False 75. Once the more-than-50% business usage test is passed for listed property, it still matters if the business usage for the property drops to 50% or less during the recovery period. a. True b. False

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Chap_05_2023 Indicate the answer choice that best completes the statement or answers the question. 76. Petal, Inc. is an accrual basis taxpayer. Petal uses the aging approach to calculate the reserve for bad debts. During 2022, the following associated with bad debts occur. Credit sales Collections on credit sales Amount added to the reserve Beginning balance in the reserve Identifiable bad debts during 2022

$400,000 250,000 14,000 –0– 12,000

The amount of the deduction for bad debt expense for Petal for 2022 is: a. $12,000. b. $14,000. c. $22,000. d. $140,000. 77. Owl Corporation (a C corporation), a retailer of children’s apparel, made the following donations to qualified charitable organizations in the current year. Adjusted Basis Fair Market Value Children’s clothing held as inventory, to Haven for Hope Stock in Exxon Corporation acquired two years ago and held as an investment, to City University Land acquired four years ago and held as an investment, to Humane Society

$10,000

$15,000

5,000

3,000

50,000

75,000

How much qualifies for the charitable contribution deduction (ignoring the taxable income limitation)? a. $63,000 b. $65,000 c. $90,500 d. $92,500 78. Nikeya sells land (adjusted basis of $120,000) to her adult son, Shamed, for its appraised value of $95,000. Which of the following statements is correct? a. Nikeya’s recognized loss is $25,000 ($95,000 amount realized – $120,000 adjusted basis). b. Shamed’s adjusted basis for the land is $120,000 ($95,000 cost + $25,000 disallowed loss for Nikeya). c. If Shamed subsequently sells the land for $112,000, he has no recognized gain or loss. d. Only a. and b. are correct. Copyright Cengage Learning. Powered by Cognero.

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Chap_05_2023 79. Indigo Company acquires a new machine (5-year MACRS property) on February 2, 2022 at a cost of $100,000. On November 18, 2022, Indigo also acquires office equipment (7-year MACRS property) at a cost of $50,000. Indigo does not make a § 179 expense election and chooses not to take additional first-year depreciation. What is Indigo’s total MACRS deduction for 2022? a. $27,145. b. $30,000. c. $36,785. d. $150,000. 80. Cora purchased a hotel building on May 17, 2022, for $3,000,000. Determine the cost recovery deduction for 2023. a. $48,150 b. $59,520 c. $69,000 d. $76,920 81. White Company acquires a new machine (seven-year property) on January 10, 2022, at a cost of $620,000. White makes the election to expense the maximum amount under § 179, and wants to take any additional firstyear depreciation allowed. No election is made to use the straight-line method. Determine the total deductions in calculating taxable income related to the machine for 2022, assuming that White reports taxable income of $800,000. a. $88,598 b. $301,159 c. $568,574 d. $620,000 82. On July 17, 2021, Hernan places in service a used automobile that cost $25,000. The car is used 80% for business and 20% for personal use. In 2022, he used the automobile 40% for business and 60% for personal use. Hernan chooses not to take § 179 or additional first-year depreciation. Determine the cost recovery recapture for 2022. a. $0 b. $528 c. $2,000 d. $2,500

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Chap_05_2023 83. On January 2, 2022, Fran acquires a business from Chuck. Among the assets purchased are the following intangibles: patent with a 7-year remaining life, a covenant not to compete for 10 years, and goodwill. Of the purchase price, $140,000 was paid for the patent and $60,000 for the covenant. The amount of the excess of the purchase price over the identifiable assets was $100,000. What is the amount of the amortization deduction for 2022? a. $10,667. b. $16,000. c. $20,000. d. $32,667. 84. Maple Company purchases new equipment (7-year MACRS property) on January 10, 2022, at a cost of $430,000. Maple also purchases new machines (5-year MACRS property) on July 19, 2022 at a cost of $290,000. Maple wants to maximize its MACRS deductions; assume no taxable income limitations apply. What is Maple’s total MACRS deduction for 2022? a. $119,447. b. $560,000. c. $617,148. d. $720,000. 85. Plum Corporation (a C corporation and a computer manufacturer) donated 100 laptop computers to a local university (a qualified educational organization) in the current year. The computers were constructed by Plum earlier this year, and the university will use the computers for research and research training. Plum’s basis in the computers is $35,000, and their fair market value is $120,000. What is Plum’s deduction for the contribution of the computers (ignoring the taxable income limitation)? a. $35,000 b. $70,000 c. $77,500 d. $85,000 86. The only asset Bill purchased during 2022 was a new seven-year class asset. The asset, which was listed property, was acquired on June 17 at a cost of $50,000. The asset was used 40% for business, 30% for the production of income, and the rest of the time for personal use. Bill always elects to expense the maximum amount under § 179 whenever it is applicable. The net income from the business before the § 179 deduction is $100,000. Determine Bill’s maximum deduction with respect to the property for 2022. a. $1,428 b. $2,499 c. $26,749 d. $33,375

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Chap_05_2023 87. A major objective of MACRS is to: a. Reduce the amount of the cost recovery deduction on businesses tax returns. b. Ensure that the amount of cost recovery for tax purposes will be the same as book depreciation. c. Help companies achieve a faster write-off of their capital assets. d. Require companies to use the actual economic lives of assets in calculating cost recovery for tax purposes. 88. On May 5 of the current tax year, Byrne purchased a patent that qualifies as a § 197 intangible. The cost of the patent was $207,000 and Byrne is a calendar year taxpayer. In the current tax year, how much of the patent’s cost may Byrne amortize? a. $1,150. b. $4,600. c. $9,200. d. $13,800. 89. Diane purchased a factory building on April 15, 1993, for $5,000,000. She sells the factory building on February 2, 2022. Determine the cost recovery deduction for the year of the sale. a. $16,025 b. $19,838 c. $26,458 d. $158,750 90. Alice purchased office furniture on September 20, 2021, for $100,000. On October 10, 2021, she purchased business computers for $80,000. Alice placed all of the assets in service on January 15, 2022. She did not elect to expense any of the assets under § 179, did not elect straight-line cost recovery, and did not take additional first-year depreciation. Determine the cost recovery deduction for the business assets for 2022. a. $6,426 b. $14,710 c. $25,722 d. $30,290 91. On June 1, 2022, Red Corporation purchased an existing business. With respect to the acquired assets of the business, Red allocated $300,000 of the purchase price to a patent. The patent will expire in 20 years. Determine the total amount that Red may amortize for 2022 for the patent. a. $0 b. $1,667 c. $11,667 d. $35,000

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Chap_05_2023 92. Tara purchased a machine for $40,000 to be used in her business. The cost recovery allowed and allowable for the three years the machine was used are computed as follows.

Year 1 Year 2 Year 3

Cost Recovery Allowed $16,000 9,600 5,760

Cost Recovery Allowable $ 8,000 12,800 7,680

If Tara sells the machine after three years for $15,000, how much gain should she recognize? a. $3,480 b. $6,360 c. $9,240 d. $11,480 93. Hans purchased a new passenger automobile on August 17, 2022, for $30,000. During the year, the car was used 40% for business and 60% for personal use. Determine his cost recovery deduction for the car for 2022. a. $500 b. $1,000 c. $1,200 d. $1,333 94. On June 1, 2022, Norm leases a taxi and places it in service. The lease payments are $1,000 per month. Assuming the dollar amount from the IRS table for such leases is $241, determine Norm’s gross income inclusion amount. a. $0 b. $241 c. $907 d. $1,687 95. Karen, a salesperson employed by an auto dealership, is considering opening a fast-food franchise. If Karen decides not to acquire the fast-food franchise, any investigation expenses are: a. A deduction for AGI. b. A deduction from AGI. c. Deductible up to $5,000 in the current year with the balance being amortized over a 180-month period. d. Not deductible. 96. Which of the following is not a required test for the deduction of a business expense? a. Ordinary b. Necessary c. Reasonable d. Unavoidable

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Chap_05_2023 97. Grape Corporation purchased a machine in December of the current year. This was the only asset purchased during the current year. The machine was placed in service in January of the following year. No assets were purchased in the following year. Grape's cost recovery would begin: a. In the current year using a mid-quarter convention. b. In the current year using a half-year convention. c. In the following year using a mid-quarter convention. d. In the following year using a half-year convention. 98. Hazel purchased a new business asset (five-year asset) on September 30, 2022, at a cost of $100,000. On October 4, 2022, she placed the asset in service. This was the only asset she placed in service in 2022. Hazel did not elect § 179 or additional first-year depreciation. On August 20, 2023, Hazel sold the asset. Determine the cost recovery for 2023 for the asset. a. $14,250 b. $19,000 c. $23,750 d. $38,000 99. Terry and Jim are both involved in operating illegal businesses. Terry operates a gambling business and Jim operates a business selling narcotics. Both businesses have gross revenues of $500,000. The businesses incur the following expenses.

Employee salaries Bribes to police Rent and utilities Cost of goods sold

Terry $200,000 25,000 50,000 –0–

Jim $200,000 25,000 50,000 125,000

Which of the following statements is correct? a. Neither Terry nor Jim can deduct any of these items in calculating the business profit. b. Terry should report profit from his business of $250,000. c. Jim should report profit from his business of $500,000. d. Jim should report profit from his business of $250,000. 100. On June 1, 2022, Nico places in service a new automobile that cost $40,000. The car is used 60% for business and 40% for personal use. (Assume this percentage is maintained for the life of the car.) Nico does not take additional first-year depreciation. Determine the cost recovery deduction for 2022. a. $1,776 b. $1,896 c. $4,800 d. $6,120

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Chap_05_2023 101. Payments by a cash basis taxpayer of capital expenditures: a. Must be expensed at the time of payment. b. Must be expensed by the end of the first year after the asset is acquired. c. Must be deducted over the actual or statutory life of the asset. d. Can be deducted in the year the taxpayer chooses. 102. Andrew, who operates a laundry business, incurred the following expenses during the year. ∙ ∙ ∙ ∙

Parking ticket of $250 for one of his delivery vans that parked illegally. Parking ticket of $75 when he parked illegally while attending a rock concert in Tulsa. DUI ticket of $500 while returning from the rock concert. Attorney’s fee of $600 associated with the DUI ticket.

What amount can Andrew deduct for these expenses? a. $0. b. $250. c. $600. d. $1,425. 103. Which of the following is not a characteristic of MACRS for property other than real estate? a. MACRS uses shorter asset lives. b. MACRS increases taxable income in the early years of the asset’s life. c. MACRS accelerates cost recovery. d. MACRS decreases taxable income in the early years of the asset's life. 104. Iris, a calendar year cash basis taxpayer, owns and operates several TV rental outlets in Florida and wants to expand to other states. During the current year, she spends $14,000 to investigate TV rental stores in South Carolina and $9,000 to investigate TV rental stores in Georgia. She acquires the South Carolina operations but not the outlets in Georgia. As to these expenses, Iris should: a. Capitalize $14,000 and not deduct $9,000. b. Expense $23,000 in the current year. c. Expense $9,000 in the current year and capitalize $14,000. d. Capitalize $23,000. 105. Kenji purchased a used business asset (seven-year property) on September 30, 2022, at a cost of $200,000. This is the only asset he purchased during the year. Kenji did not elect to expense any of the asset under § 179, did not claim additional first-year depreciation, and did not elect straight-line cost recovery. Kenji sold the asset on July 17, 2023. Determine the cost recovery deduction for 2023. a. $19,133 b. $24,490 c. $34,438 d. $55,100

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Chap_05_2023 106. On June 1 of the current year, Tab converted a machine from personal use to rental property. At the time of the conversion, the machine was worth $90,000. Five years ago, Tab purchased the machine for $120,000. The machine is still encumbered by a $50,000 mortgage. What is the basis of the machine for cost recovery? a. $70,000 b. $90,000 c. $120,000 d. $140,000 107. Angie purchased one new asset during the year (five-year property) on November 10, 2022, at a cost of $660,000. She would like to use the § 179 election and will also take additional first-year depreciation. The income from the business before the cost recovery deduction and the § 179 deduction was $600,000. Determine the maximum cost recovery deduction available on this asset for 2022. a. $30,500 b. $580,200 c. $600,000 d. $660,000 108. Benita incurred a business expense on December 10, 2022, which she charged on her bank credit card. She paid the credit card statement that included the charge on January 5, 2023. Which of the following is correct? a. If Benita is a cash method taxpayer, she cannot deduct the expense until 2023. b. If Benita is an accrual method taxpayer, she can deduct the expense in 2022. c. If Benita uses the accrual method, she can choose to deduct the expense in either 2022 or 2023. d. Only b. and c. are correct. 109. During 2021, the first year of operations, Silver, Inc., pays salaries of $175,000. At the end of the year, employees have earned salaries of $20,000, which are not paid by Silver until early in 2022. What is the amount of the deduction for salary expense? a. If Silver uses the cash method, $175,000 in 2021 and $0 in 2022. b. If Silver uses the cash method, $0 in 2021 and $195,000 in 2022. c. If Silver uses the accrual method, $175,000 in 2021 and $20,000 in 2022. d. If Silver uses the accrual method, $195,000 in 2021 and $0 in 2022. 110. Which of the following depreciation conventions are not used under MACRS? a. Full-month. b. Mid-month. c. Half-year. d. Mid-quarter.

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Chap_05_2023 111. On July 10, 2022, Ariff places in service a new SUV that cost $70,000 and weighed 6,300 pounds. The SUV is used 100% for business. Determine Ariff’s maximum deduction for 2022, assuming Ariff’s § 179 business income is $110,000. Ariff does not take additional first-year depreciation. a. $14,000 b. $27,000 c. $35,600 d. $70,000 112. Which of the following assets would be subject to cost recovery? a. A painting by Picasso hanging on a physician’s office wall. b. An antique vase in a doctor’s waiting room. c. Landscaping around the doctor’s office. d. Choices a., b., and c. 113. For a president of a publicly held corporation hired in 2022, which of the following is not subject to the $1 million limit on executive compensation? a. Contribution to medical insurance plan. b. Contribution to pension plan. c. Premiums on group term life insurance of $50,000. d. Choices a., b., and c., are not subject to the limit. 114. Bonnie purchased a new business asset (five-year property) on March 10, 2022, at a cost of $30,000. She also purchased a new business asset (seven-year property) on November 20, 2022, at a cost of $13,000. Bonnie did not elect to expense either of the assets under § 179, nor did she elect straight-line cost recovery. Bonnie takes additional first-year depreciation. Determine the cost recovery deduction for 2022 for these assets. a. $7,858 b. $9,586 c. $21,915 d. $43,000 115. Kingbird Corporation (a calendar year C corporation) reports the following income and expenses in the current year: Income from operations Expenses from operations Dividends received (15% ownership)

$200,000 140,000 15,000

On October 1, Kingbird Corporation made a contribution to a qualified charitable organization of $9,000 in cash (not included in any of the above items). Determine Kingbird’s charitable contribution deduction for the year. a. $9,000 b. $7,500 c. $6,750 d. $6,525

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Chap_05_2023 116. On January 1, 2022, SymboNet Company completed its acquisition of NetOpen. As part of the acquisition, $2 million was allocated to goodwill. What is SymboNet’s amortization deduction related to the goodwill for 2022? a. $0. b. $100,000. c. $133,333. d. $200,000. 117. Which of the following is not a related party for constructive ownership purposes under § 267? a. The taxpayer’s aunt. b. The taxpayer’s brother. c. The taxpayer’s grandmother. d. A corporation owned more than 50% by the taxpayer. 118. On January 15, 2022, Dillon purchased the rights to a mineral interest for $3,500,000. At that time, it was estimated that the recoverable units would be 500,000. During the year, 40,000 units were mined and 25,000 units were sold for $800,000. Dillon incurred expenses during 2022 of $500,000. The percentage depletion rate is 22%. Determine Dillon’s depletion deduction for 2022. a. $150,000. b. $175,000. c. $176,000. d. $200,000. 119. Which of the following statements is correct in connection with the investigation of a business? a. If the taxpayer is not already engaged in the trade or business, the expenses incurred are deductible if the project is abandoned. b. Expenses may be deducted immediately by a taxpayer engaged in a similar trade or business regardless of whether the business being investigated is acquired. c. That business must be related to the taxpayer’s present business for any expense ever to be deductible. d. Regardless of whether the taxpayer is already engaged in the trade or business, the expenses must be capitalized and amortized. 120. James purchased a new business asset (three-year personalty) on July 23, 2022, at a cost of $40,000. James takes additional first-year depreciation but does not elect § 179 expense on the asset. Determine the cost recovery deduction for 2022. a. $8,333 b. $26,666 c. $33,333 d. $40,000 121. Which of the following may be deductible? a. Illegal bribes that relate to a U.S. business. b. Fines paid for violations of the law. c. Campaign contribution to a candidate for mayor. d. Expenses associated with monitoring legislation. Copyright Cengage Learning. Powered by Cognero.

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Chap_05_2023 122. On June 1, 2021, Irene places in service a new automobile that cost $21,000. The car is used 70% for business and 30% for personal use. (Assume this percentage is maintained for the life of the car.) She does not take additional first-year depreciation. Determine the cost recovery deduction for 2022. a. $3,290 b. $3,570 c. $4,704 d. $10,200 123. Tan Company acquires a new machine (10-year property) on January 15, 2022, at a cost of $200,000. Tan also acquires another new machine (7-year property) on November 5, 2022, at a cost of $40,000. No election is made to use the straight-line method. The company does not make the § 179 election and elects to not take additional first-year depreciation. Determine the total deductions in calculating taxable income related to the machines for 2022. a. $24,000 b. $25,716 c. $102,000 d. $132,858 124. In 2021, Mei had a § 179 deduction carryover of $30,000. In 2022, she elected § 179 for an asset acquired at a cost of $115,000. Mei’s § 179 business income limitation for 2022 is $140,000. Determine Mei’s § 179 deduction for 2022. a. $25,000 b. $115,000 c. $130,000 d. $140,000 125. Which of the following must be capitalized by a business? a. Replacement of a windshield of a business truck that was broken in an accident. b. Repair of a roof of a building used in business. c. Amount paid for a covenant not to compete. d. Only b. and c. must be capitalized. 126. During the past two years, through extensive advertising and improved customer relations, Orange Corporation estimated that it had developed customer goodwill worth $500,000. For the current year, determine the amount of goodwill Orange may amortize. a. $33,333 b. $26,667 c. $16,667 d. $-0-

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Chap_05_2023 127. Ramon, a cash basis calendar year taxpayer, runs a bingo operation that is illegal under state law. During the current year, a bill designated H.R. 9 is introduced into the state legislature, which, if enacted, would legitimize bingo games. In the current year, Ramon had the following expenses: Operating expenses in conducting bingo games Payoff money to state and local police Newspaper ads supporting H.R. 9 Political contributions to legislators who support H.R. 9

$247,000 24,000 3,000 8,000

Of these expenditures, Ramon may deduct: a. $247,000. b. $250,000. c. $258,000. d. $282,000. 128. Bhaskar purchased a new factory building and land on September 10, 2022, for $3,700,000. ($500,000 of the purchase price was allocated to the land.) He elected the alternative depreciation system (ADS). Determine the cost recovery deduction for 2023. a. $23,328 b. $80,000 c. $82,048 d. $92,500 129. Carlos purchased an apartment building on November 16, 2022, for $3,000,000. Determine the cost recovery deduction for 2022. a. $9,630 b. $11,910 c. $13,650 d. $22,740 130. On March 1, 2022, Lana leases and places in service a passenger automobile. The lease will run for five years and the payments are $500 per month. During 2022, she uses her car 60% for business and 40% for personal activities. Assuming the dollar amount from the IRS table for auto leases is $70, determine Lana’s gross income attributable to the lease. a. $0 b. $35 c. $59 d. $70

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Chap_05_2023 131. On May 2, 2022, Imani placed in service a new sports utility vehicle that cost $60,000 and has a gross vehicle weight of 6,300 lbs. The vehicle is used 60% for business and 40% for personal use. Determine Imani's total cost recovery for 2022. Imani wants to use both §179 and additional first-year depreciation. a. $7,200 b. $27,000 c. $28,800 d. $36,000 132. On May 30, 2021, Jane purchased a factory building to use for her business. In August 2022, Jane paid $300,000 for improvements to the building. Determine Jane’s total deduction with respect to the building improvements for 2022. a. $2,889 b. $4,173 c. $4,815 d. $25,000 133. Mauve Corporation begins business on April 2, 2022. The corporation reports startup expenditures of $64,000 all incurred last year. Determine the total amount that Mauve can elect to deduct in 2022. a. $0 b. $3,200 c. $4,267 d. $7,950 134. In January, Maurice sold stock with a cost basis of $26,000 to his brother, James, for $24,000, the fair market value of the stock on the date of sale. Five months later, James sold the same stock through his broker for $27,000. What is the tax effect of these transactions? a. Disallowed loss to James of $2,000; gain to Maurice of $1,000. b. Disallowed loss to Maurice of $2,000; gain to James of $3,000. c. Deductible loss to Maurice of $2,000; gain to James of $3,000. d. Disallowed loss to Maurice of $2,000; gain to James of $1,000. 135. Which of the following is not a “trade or business” expense? a. Interest on business indebtedness. b. Property taxes on business property. c. Parking ticket paid on business auto. d. Depreciation on business property. 136. Under MACRS, which one of the following is not considered in determining depreciation for tax purposes? a. Cost of asset. b. Property recovery class. c. Half-year convention. d. Salvage (or residual) value.

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Chap_05_2023 137. Simpson Company, a calendar year taxpayer, acquires an apartment building on March 22, 2022 for $900,000. What is the maximum cost recovery deduction it may take for 2022? a. $18,297. b. $22,617. c. $25,911. d. $31,365. 138. Paula is the sole shareholder of Violet, Inc. For 2022, she receives from Violet a salary of $450,000 and dividends of $100,000. Violet’s taxable income for 2022 is $500,000. On audit, the IRS treats $100,000 of Paula’s salary as unreasonable. Which of the following statements is correct? a. Paula’s gross income will increase by $100,000 as a result of the IRS adjustment. b. Violet’s taxable income will not be affected by the IRS adjustment. c. Paula’s gross income will decrease by $100,000 as a result of the IRS adjustment. d. Violet’s taxable income will increase by $100,000 as a result of the IRS adjustment. 139. Wanda is the Chief Executive Officer of Pink corporation, a publicly traded, calendar year C corporation. For the current year, Wanda's compensation package consists of:

Cash compensation Nontaxable fringe benefits Taxable fringe benefits Bonus tied to company performance

$ 2,500,000 250,000 150,000 2,000,000

How much of Wanda's compensation is deductible by Pink Corporation? a. $1,000,000. b. $1,250,000. c. $3,250,000. d. $4,900,000.

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Chap_05_2023 140. Tom operates an illegal drug operation and incurred the following expenses: Salaries Illegal kickbacks Bribes to border guards Cost of goods sold Rent Interest Insurance on furniture and fixtures Utilities and telephone

$ 75,000 20,000 25,000 160,000 8,000 10,000 6,000 20,000

Which of the following amounts reduces his taxable income? a. $119,000. b. $160,000. c. $279,000. d. $324,000. 141. Jada operates a Christmas shop in Atlantic City, NJ. She makes a weekend trip to Vero Beach, FL, for the purpose of determining the feasibility of opening another shop. Her travel expenses are $2,000 (includes $500 for meals). In addition, she pays $5,000 to a market research firm in Vero Beach to prepare a feasibility study. Determine the amount of the expenses that Jada can deduct if: a.

She opens a new shop in Vero Beach.

She decides not to open a new shop in Vero Beach.

142. On July 15, 2022, Priyanka paid $275,000 for improvements on a commercial building she owns. Determine the maximum total cost recovery from the improvements in 2022.

143. On August 20, 2022, Rachel placed in service a building for her business. On November 28, 2022, she paid $80,000 for improvements to the building. What is Rachel’s cost recovery deduction for the building improvements in 2022?

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Chap_05_2023 144. Taylor, a cash basis architect, rents the building in which his office is located for $5,000 per month. He commenced his practice on February 1, 2022. In order to guarantee no rent increases during an 18-month period, he signed an 18-month lease and prepaid the $90,000 on February 1, 2022. How much can Taylor deduct as rent expense for 2022?

145. In 2022, Marci is considering starting a new business. Marci incurs the following costs associated with this venture. Advertising Travel Market surveys Professional services Interest expense Taxes

$ 5,000 10,000 8,000 30,000 2,000 1,000

Marci started the new business on January 5, 2023. Determine the 2022 deduction for her startup costs.

146. Kitty runs a brothel (illegal under state law) and has the following items of income and expense. What is the amount that she must include in taxable income from her operation? Income Expenses:

$200,000 Rent Utilities Bribes to police Office supplies Legal fees Depreciation Illegal kickbacks

8,000 2,000 10,000 5,000 20,000 14,000 15,000

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Chap_05_2023 147. The stock of Eagle, Inc. is owned as follows: Tom 23% Tom’s uncle 22% Tom’s daughter 7% Tom’s sister 15% Tom’s spouse 15% Tom’s nephew 8% Tom’s CPA, unrelated 10% Tom sells land and a building to Eagle, Inc. for $212,000. His adjusted basis for these assets is $225,000. Calculate Tom’s realized and recognized loss associated with the sale.

148. During the current year, Gray Corporation, a C corporation in the financial services business, made charitable contributions to qualified organizations as follows: ∙

Stock (basis of $20,000, fair market value of $45,000) in Drab Corporation, held for six months as an investment, to the Salvation Army. (Salvation Army plans on selling the stock.)

∙

Painting (basis of $90,000, fair market value of $250,000), held for four years as an investment, to the Museum of Fine Arts. (The Museum plans on including the painting in its collection.)

Gray Corporation’s taxable income (before any charitable contribution deduction) is $1,800,000. a.

What is the total amount of Gray’s charitable contributions for the year?

What is the amount of Gray’s charitable contribution deduction in the current year, and what happens to any excess charitable contribution, if any?

149. Darius paid $1,950,000 for a new warehouse on April 14, 2022. He sold the warehouse on September 29, 2027. Determine the cost recovery deduction for 2022 and 2027.

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Chap_05_2023 150. Troy purchases a new SUV on October 12, 2022, for $60,400. The SUV has a gross vehicle weight of 6,200 lbs. It is used 100% of the time for business and it is the only business asset acquired by Troy during 2022. Compute the maximum deduction with respect to the SUV for 2022. Troy does not take additional first-year depreciation.

151. Beige, Inc., an airline manufacturer, is conducting negotiations for the sale of military aircraft. One negotiation is with a U.S. assistant secretary of defense. She can close the deal on the purchase of 50 attack helicopters if she is paid $750,000 under the table. Another negotiation is with the minister of defense of a third world country. To complete the sale of 20 jet fighters to his government, he demands that he be paid a $1 million facilitation fee. Beige makes the payments and closes the deals. How much of these payments are deductible by Beige, Inc.?

152. On April 5, 2022, Orange Corporation purchased and placed in service 7-year class assets costing $1,150,000 and 5-year class assets costing $140,000. Orange elects to expense the maximum amount under § 179. Orange does not take additional first-year depreciation. Assume taxable income is not a limitation. Determine Orange’s maximum cost recovery with respect to the assets for 2022.

153. Lindsey purchased a uranium interest for $10,000,000 on January 3, 2022, when recoverable reserves were estimated at 200,000 units. A total of 10,000 units were extracted in 2022 and 7,000 units were sold in 2022. Gross income from the property was $2,800,000 and taxable income without the allowance for depletion was $1,000,000. Determine her depletion deduction for 2022.

154. Jasmine purchased a new automobile on July 20, 2021, for $29,000. The car was used 60% for business and 40% for personal use. In 2022, the car was used 30% for business and 70% for personal use. Jasmine elects not to take additional first-year depreciation. Determine the cost recovery recapture and the cost recovery deduction for 2022.

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Chap_05_2023 155. Polly purchased a new hotel on July 20, 2022, for $6,000,000. On January 20, 2029, the building was sold. Determine the cost recovery deduction for the year of the sale.

156. On December 28, 2022, the board of directors of Taupe Corporation, a calendar year, accrual method C corporation, authorized a contribution of land to a qualified charitable organization. The land (basis of $75,000, fair market value of $125,000) was acquired five years ago and held as an investment. For purposes of the taxable income limitation applicable to charitable deductions, Taupe has taxable income of $800,000 and $950,000 for 2022 and 2023, respectively. Describe the tax consequences to Taupe Corporation under the following independent situations. a.

The donation is made on February 15, 2023.

The donation is made on May 10, 2023.

157. In order to protect against rent increases on the building in which she operates a dance studio, Mella signs an 18-month lease for $36,000. The lease commences on October 1, 2022. How much of the $36,000 payment can she deduct in 2022 and 2023? a.

If Mella is an accrual basis taxpayer?

If Mella is a cash basis taxpayer?

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Chap_05_2023 158. Janet is the CEO for Silver, Inc., a closely held corporation. Her total compensation for 2022 is $5 million. Of this amount, $2 million is a salary and $3 million is a bonus. The bonus was calculated as 5% of Silver’s net income of $60 million before the bonus and before taxes ($60 million × 5% = $3 million). The bonus provision has been in effect since Janet became CEO in 2016 and is related to Silver’s performance. It is approved annually by the entire board of directors (one of the five directors is an outside director) of Silver. How much of Janet’s compensation can Silver deduct for 2022?

159. Jenna acquires a new seven-year class asset on September 20, 2022, for $80,000. She placed the asset in service on October 5, 2022. She does not elect to expense any of the asset under § 179 or elect straight-line, cost recovery. She takes additional first-year depreciation. She sells the asset on August 25, 2023. This is the only asset she acquires in 2022. Determine Jenna’s cost recovery in 2022 and 2023.

160. Tracy invested in the following stocks and bonds during the current year. Blue, Inc. $25,000 City of Falcon bonds 75,000 To finance the investments, she borrowed $100,000 from Swan Bank. Interest expense paid on the loan during the current year was $5,000. During the current year, Tracy received $1,250 of dividend income from Blue, Inc. and $3,000 of interest income on the municipal bonds. a. Determine the amount of Tracy’s gross income. b. Determine the maximum amount of Tracy’s deductible interest expense.

161. Matt bought 7-year class property on May 15, 2022, for $1,248,000. Matt elects § 179 and straight-line cost recovery, but not additional first-year depreciation.. Matt's taxable income would not create a limitation for purposes of the § 179 deduction. Determine the maximum cost recovery deduction Matt can claim for 2022.

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Chap_05_2023 162. Yuna owns an insurance agency. The following selected data are taken from the agency balance sheet and income statement prepared using the accrual method. Revenue Salaries and commissions Rent Insurance Utilities Accounts receivable, 1/1/2022 Accounts receivable, 12/31/2022 Accounts payable, 1/1/2022 Accounts payable, 12/31/2022

$250,000 100,000 10,000 5,000 6,000 40,000 38,000 12,000 11,000

Calculate Yuna’s net profit using the cash method for 2022.

163. Audra acquires the following new five-year class property in 2022: Asset A B C Total

Acquisition Date January 10 July 5 November 15

Cost $ 106,000 70,000 1,950,000 $ 2,126,000

Audra elects § 179 treatment for Asset C. Her taxable income from her business would not create a limitation for purposes of the § 179 deduction. Audra does not claim any available additional first-year depreciation deduction. Determine her total cost recovery deduction (including the § 179 deduction) for the year.

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Chap_05_2023 164. Walter sells land with an adjusted basis of $175,000 and a fair market value of $160,000 to his mother, Shirley, for $160,000. Walter reinvests the proceeds in the stock market. Shirley holds the land for one year and a day and sells it in the marketplace for $169,000. a.

Determine the tax consequences to Walter.

Determine the tax consequences to Shirley.

165. On March 3, 2022, Aiyana purchased and placed in service a building costing $12,000,000. The building has 10 floors. The bottom three floors are rented out to businesses. The top seven floors are residential apartments. The gross rents from the businesses are $60,000; the gross rents from the apartments are $110,000. Determine Aiyana’s cost recovery for the building in 2022.

166. Sid bought a new $1,320,000 seven-year class asset on August 2, 2022. On December 2, 2022, he purchased $800,000 of used five-year class assets. If Sid elects § 179 and does not take additional first-year depreciation, what is the maximum cost recovery deduction for these purchases for 2022 (assume that the taxable income limitation does not apply)?

167. Amir’s Enterprises, an unincorporated entity, pays employee salaries of $100,000 during the year. At the end of the year, $12,000 of additional salaries have been earned but not paid until the beginning of the next year. a.

Determine the amount of the deduction for salaries if Amir is a cash method taxpayer.

Determine the amount of the deduction for salaries if Amir is an accrual method taxpayer.

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Chap_05_2023 168. Tom purchased and placed in service used office furniture on January 3, 2022, for $40,000. Tom’s accountant depreciated the furniture using straight-line depreciation over 10 years for financial reporting purposes. The accountant used the same depreciation amounts when filing Tom’s income tax returns. On January 10, 2027, Tom sold the furniture. Determine the tax basis of the furniture at the time of the sale.

169. Sandra sold 500 shares of Wren Corporation to Bob, her brother, for its fair market value. She had paid $26,000 for the stock. Calculate Sandra’s and Bob’s gain or loss under the following circumstances: a.

Sandra sold the shares to Bob for $20,000. One year later, Bob sold them for $18,000.

Sandra sold the shares to Bob for $30,000. One year later, Bob sold them for $27,000.

Sandra sold the shares to Bob for $20,000. One year later, Bob sold them for $28,000.

170. Albie operates an illegal drug-running business and has the following items of income and expense. What is Albie’s adjusted gross income from this operation? Income Expenses:

$800,000 Rent Utilities Bribes to police Medical expense Legal fees Depreciation Illegal kickbacks Cost of goods sold

24,000 9,000 55,000 5,000 25,000 30,000 30,000 300,000

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Chap_05_2023 171. Mahbod is a sole proprietor of a sandwich business. On March 4, 2022, he purchased and placed in service new seven-year class assets costing $580,000. Mahbod’s business reports taxable income of $160,000 for the year before any deductions associated with the purchased assets. Mahbod also received $30,000 of interest income for the year, which is not related to the business. Mahbod wants his adjusted gross income for the year to be as low as possible. With this objective in mind, determine how Mahbod should claim cost recovery deductions for the acquired assets.

172. On June 1, 2022, Gabriella purchased a computer and peripheral equipment (five-year property) for $25,000. She used the assets 40% for business, 50% for the production of income, and 10% for personal use. These are the only assets Gabriella purchased during the current year. Determine her total cost recovery deduction for 2022.

173. Petula’s business sells heat pumps that have a one-year warranty. Based on historical data, the warranty costs amount to 11% of sales. During 2022, heat pump sales are $400,000. Actual warranty expenses paid in 2022 are $40,000. a.

Determine the amount of the warranty expense deduction for 2022 if Petula’s business uses the accrual method.

How would your answer change if Petula used the cash method for extended warranties and the purchasers paid $25,000 for the warranties that covered the second and third years of ownership?

174. Abner contributes $2,000 to the campaign of a candidate for governor, $1,000 to the campaign of a candidate for senator, and $500 to the campaign of a candidate for mayor. Can Abner deduct these political contributions?

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Chap_05_2023 175. Discuss the reason for the inclusion amount with respect to leased automobiles.

176. Briefly discuss the two tests that an accrual basis taxpayer must apply before an expense can be deducted.

177. If part of a shareholder/employee’s salary is classified as unreasonable, determine the effect on the: a. Shareholder/employee’s gross income. b. Corporation’s taxable income.

178. Max opened his dental practice (a sole proprietorship) in March of the current year. At the end of the year, he has unpaid accounts receivable of $62,000 and no unpaid accounts payable. Should Max use the accrual method or the cash method for his dental practice?

179. Discuss the beneficial tax consequences of an SUV not being classified as a passenger automobile.

180. If a taxpayer operated an illegal business (not drug trafficking), what expenses can be deducted and what expenses are disallowed?

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Chap_05_2023 181. Discuss the tax implications of a seller allocating the selling price to goodwill or a covenant not to compete.

182. Discuss the criteria used to determine whether a building is residential or nonresidential realty. Also explain the tax consequences resulting from this determination.

183. In applying the $1 million limit on deducting executive compensation, what corporations are subject to the deduction limit? What executives are covered?

184. Salaries are considered an ordinary and necessary expense of a trade or business if they meet what other requirement? What are the tax consequences if this requirement is not met?

185. Under what circumstances may a taxpayer deduct the expenses of investigating a possible business acquisition, if (1) the business is not acquired or (2) the business is acquired?

186. Briefly describe the charitable contribution deduction rules applicable to C corporations.

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Chap_05_2023 187. Briefly explain why interest on money borrowed to buy tax-exempt municipal bonds is disallowed as a deduction.

188. Discuss the tax consequences of listed property being used for the production of income compared to being used in a trade or business.

189. Can a trade or business expense be deductible if it is necessary but not ordinary?

190. Why are there restrictions on the recognition of gains and losses resulting from transactions between related parties?

191. Bobby operates a drug-trafficking business. Because he has an accounting background, he keeps detailed financial records. What expenses can Bobby deduct on his Federal income tax return?

192. In a related-party transaction where realized loss is disallowed, when can the disallowed loss be used by the buyer on the subsequent sale of the property? In the case of a related-party disallowed loss transaction, can the related-party seller’s disallowed loss be used by a taxpayer other than the related-party buyer?

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Chap_05_2023 193. Are there any circumstances under which lobbying expenditures are deductible?

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Chap_05_2023 Answer Key 1. True 2. False 3. False 4. True 5. False 6. True 7. False 8. True 9. True 10. False 11. False 12. True 13. False 14. True 15. True 16. False 17. False 18. True 19. True 20. False 21. False 22. False 23. False 24. True 25. False 26. False

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Chap_05_2023 27. False 28. False 29. False 30. False 31. False 32. False 33. False 34. False 35. False 36. True 37. True 38. True 39. True 40. True 41. True 42. True 43. True 44. True 45. True 46. False 47. False 48. False 49. True 50. True 51. True 52. True 53. True 54. False Copyright Cengage Learning. Powered by Cognero.

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Chap_05_2023 55. True 56. False 57. True 58. False 59. True 60. True 61. True 62. False 63. False 64. False 65. False 66. False 67. True 68. True 69. True 70. False 71. False 72. True 73. False 74. False 75. True 76. a 77. c 78. c 79. a 80. d 81. d 82. c Copyright Cengage Learning. Powered by Cognero.

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Chap_05_2023 83. c 84. d 85. b 86. b 87. c 88. c 89. b 90. d 91. c 92. d 93. c 94. a 95. d 96. d 97. d 98. c 99. b 100. c 101. c 102. a 103. b 104. b 105. b 106. b 107. d 108. b 109. d 110. a Copyright Cengage Learning. Powered by Cognero.

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Chap_05_2023 111. c 112. c 113. d 114. d 115. b 116. c 117. a 118. b 119. b 120. d 121. d 122. c 123. b 124. d 125. c 126. d 127. a 128. b 129. c 130. b 131. d 132. a 133. b 134. d 135. c 136. d 137. c

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Chap_05_2023 138. d 139. b 140. b 141. a.

Because Jada is already in the Christmas Shop business, $6,750 of the investigation expenses [$1,500+($500 x 0.50)+$5,000=$6,750] is deductible regardless of whether or not she opens a shop in Vero Beach. Note that, as discussed in Chapter 9, only 50% of the cost of the meals is deductible.

Same response as in a.

142. Regular MACRS [39-year real property; month 7 ($275,000 × 0.01177)]

$ 3,237

143. MACRS cost recovery [39-year real property; month 11 ($80,000 × 0.00321)]

$ 257

144. Taylor is a cash basis taxpayer. Thus, he is eligible to use the 12-month rule on prepayments. However, since the 18month rental period extends beyond February 1, 2023, Taylor can only deduct the rent attributable to 2022 in 2022. His deduction is $5,000 x 11 months = $55,000. The 12-month rule applies when the prepayment does not extend beyond the the earlier of: (1) 12 months after the first date on which the taxpayer realizes the right or benefit; or (2) the end of the tax year following the tax year in which the payment is made. 145. None; Marci is not allowed to deduct any startup costs in 2022 because the business was not started until 2023. 146. Income Expenses:

$200,000 Rent Utilities Office supplies Legal fees Depreciation

$ 8,000 2,000 5,000 20,000 14,000

(49,000) $151,000

The bribes to police of $10,000 and illegal kickbacks of $15,000 are not deductible.

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Chap_05_2023 147. Tom’s realized loss is $13,000. Amount realized Adjusted basis Realized loss

$212,000 (225,000) ($ 13,000)

However, his recognized loss is $0 because the loss is disallowed as a § 267 related-party transaction. A related party includes a corporation more than 50% (directly or indirectly) owned by the taxpayer. Tom’s total ownership (i.e., both direct and constructive) of Eagle, Inc. is 60%. Tom Tom’s daughter Tom’s sister Tom’s spouse

23% 7% 15% 15% 60%

Tom’s uncle, nephew, and the CPA are not related parties for § 267 purposes. 148. a.

Gray’s total amount of charitable contributions is $270,000 [$20,000 (stock) + $250,000 (painting)], computed as follows: Stock: this is ordinary income property, because a sale of the stock would not result in a long-term capital gain or a § 1231 gain for Gray (i.e., STCG). Thus, the amount of the contribution is the stock’s basis, or $20,000. Painting: this is capital gain property, because a sale of the painting would result in a longterm capital gain for Gray. The painting is tangible personal property and its use is related to the charitable organization's exempt function. Thus, the amount of the contribution is the painting’s fair market value, or $250,000.

Gray’s current-year charitable deduction is limited to $180,000 [10% × $1,800,000 (taxable income before charitable deduction)], and the excess charitable contribution of $90,000 ($270,000 – $180,000) is carried forward to the five succeeding tax years.

149. 2022: $1,950,000 × 0.01819 = $35,471. 2027: $1,950,000 × 0.02564 × 8.5/12 = $35,415.

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Chap_05_2023 150. The SUV is not classified as a passenger automobile because of its GVW exceeding 6,000 lbs. Therefore, it is not subject to the cost recovery limits of § 280F. Section 179 expense (maximum for SUVs)* MACRS cost recovery [($60,400 - $27,000) × 0.05] Note: The mid-quarter convention applies Total deduction

$27,000 1,670 $28,670

* 2021 maximum is used; limits are indexed annually. 151. The $750,000 payment to the U.S. assistant secretary of defense is a bribe and is not deductible. If the facilitation fee of $1 million to the minister of defense of the third world country does not violate the Foreign Corrupt Practices Act of 1977, then the entire $1 million payment is deductible. However, if the facilitation fee does violate the Act, then none of it is deductible. 152. § 179 limit

$1,080,000

Cost recovery deductions are maximized by taking the § 179 expense election on the longest-lived assets.

7-year assets

5-year assets

§ 179 expense

$1,080,000

Regular MACRS [($1,150,000 – $1,080,000) × 0.1429]

10,003

Regular MACRS ($140,000 × 0.20)

28,000

Total cost recovery

$1,180,003

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Chap_05_2023 153. Cost Depletion

Percentage Depletion Lesser of: 22% × $2,800,000 = $616,000 50% × $1,000,000 = $500,000 Therefore the depletion deduction would be $500,000. 154. Cost Recovery Recapture in 2021 MACRS ($29,000 × 0.20) = $5,800 (limited to $10,200*); $5,800 × 60% Straight-line ($29,000 × 0.10) = $2,900 (limited to $10,200*); $2,900 × 60% Cost recovery recapture in 2022 Cost Recovery in 2022 Straight-line ($29,000 ×0 .20) = $5,800 (limited to $16,400*); $5,800 × 0.30

$3,480 (1,740) $1,740

$1,740

*These depreciation limits are indexed annually.

155. $6,410 ($6,000,000 × 0.02564 × 0.5/12).

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Chap_05_2023 156. In general, charitable contributions are deductible in the year made. However, in the case of an accrual method corporation, a deduction can be claimed in the current year for a charitable contribution made in the subsequent year if (1) the contribution is approved by the board of directors of the corporation in the current year, and (2) the contribution is made on or before the fifteenth day of the fourth month of the subsequent year. The land is capital gain property; thus, the amount of the charitable contribution is the land’s fair market value of $125,000. a.

The requirements for an accrual of the charitable deduction are satisfied; thus, the $125,000 contribution is deductible by Taupe in 2022, subject to the taxable income limitation. For 2022, the taxable income limitation for charitable deductions is $80,000 (10% × $800,000). The excess contribution amount of $45,000 carries forward to 2023 (five-year carryover limit).

The requirements for an accrual of the charitable deduction are not satisfied; thus, the $125,000 contribution is deductible by Taupe in 2023 (the year the contribution is made), subject to the taxable income limitation. For 2023, the taxable income limitation for charitable deductions is $95,000 (10% × $950,000). The excess contribution amount of $30,000 carries forward to 2024 (five-year carryover limit).

As an accrual basis taxpayer, Mella can deduct the 2022 amount of the rent expenses incurred in 2022 of $6,000 ($2,000 × 3 months). The $24,000 ($2,000 × 12 months) incurred in 2023 will be deducted in 2023.

Since Mella is a cash basis taxpayer, she can deduct the entire $36,000 prepayment in 2022 if she can satisfy the 12-month rule. However, since the rental period of 18 months extends beyond the end of 2023, she fails the requirement for the 12-month rule. Consequently, she can deduct only $6,000 in 2022 and $24,000 in 2023.

157.

158. Assuming that the compensation is reasonable, all of the $5 million is deductible by Silver. Since Silver is a closely held, rather than a publicly held corporation, the $1 million statutory limit on the deduction of certain executive compensation is not applicable.

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Chap_05_2023 159. Although the mid-quarter convention applies, Jenna can use bonus depreciation (and escape the mid-quarter convention rules). 2022 Additional first-year depreciation ($80,000 × 100%) MACRS cost recovery Total for 2022

$80,000 -0$80,000

2023 MACRS cost recovery

-0-

160. a.

Tracy must include the $1,250 of dividend income in her gross income. The interest on the municipal bonds of $3,000 is tax-exempt.

Tracy can deduct the interest paid of $1,250 ($5,000 × 1/4) on the portion of the loan that relates to the Blue, Inc. stock. The interest paid of $3,750 on the portion of the loan that relates to the municipal bonds is disallowed because the interest income from the bonds is tax-exempt.

161. § 179 expense election Cost recovery [($1,248,000 – $1,080,000) × 0.0714 (Exhibit 8.5)] Total deduction

$1,080,000 11,995 $1,091,995

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Chap_05_2023 162. Yuna’s accrual method net profit is calculated as follows: Revenue Less:

$250,000 Expenses Salaries and commissions Rent Insurance Utilities

$100,000 10,000 5,000 6,000

Net profit

(121,000) $129,000

To convert to cash method net profit, the following adjustments must be made. Net profit-accrual method Deduct: Decrease in accounts payable ($11,000 – $12,000) Add: Decrease in accounts receivable ($38,000 – $40,000) Net profit-cash method

$129,000 (1,000) 2,000 $130,000

163. Audra's § 179 deduction is $1,080,000 (she has placed no more than $2,700,000 of assets in service during the year). Even with electing § 179 on Asset C, Audra has placed more than 40% of assets in service during the last quarter of the year. ($870,000/$1,046,000 = 83.2%) Therefore, Audra must use the mid-quarter convention. Asset A MACRS cost recovery ($106,000 × 0.35)

37,100

Asset B MACRS cost recovery ($70,000 × 0.15)

10,500

Asset C § 179 expense MACRS cost recovery ($870,000 × 0.05) Total deduction

1,080,000 43,500 $1,171,100

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Chap_05_2023 164. a.

Amount realized Adjusted basis Realized loss

$160,000 (175,000) ($ 15,000)

Walter’s realized loss of $15,000 is disallowed because Walter and Shirley are related parties. b.

Amount realized Adjusted basis Realized gain Walter’s disallowed loss needed to reduce Shirley’s gain to zero Recognized gain

$169,000 (160,000) $ 9,000 (9,000) $ –0–

Shirley may use as much of Walter’s disallowed loss as she needs to reduce her realized gain (i.e., $9,000) to $0. Thus, Shirley’s recognized gain is $0 and the $6,000 ($15,000 – $9,000) of Walter’s disallowed loss that is not used by Shirley is permanently lost. 165. The gross rents from the apartments are not 80% or more of the total gross rents and hence, the whole building cannot be treated as residential rental real estate. Residential [(70% × $12,000,000) × 0.02879] Nonresidential [(30% × $12,000,000) × 0.02033] Total cost recovery

$241,836 73,188 $315,024

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Chap_05_2023 166. § 179 expense (2022 maximum)

$1,080,000

Cost recovery deductions are maximized by taking the § 179 expense election on the longest-lived assets. Taking § 179 expense on 7-year property 7-year property § 179 expense MACRS cost recovery ([$240,000 ($1,320,000 - $1,080,000) × 0.1429)]

$1,080,000 34,296

5-year property MACRS cost recovery ($800,000 × 0.20) Total deduction

160,000 $1,274,296

167. a.

The deduction for salaries is the amount paid of $100,000.

The deduction for salaries is calculated as follows: Salaries paid Accrued salaries Salary deduction

$100,000 12,000 $112,000

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Chap_05_2023 168. The cost of the asset must be reduced by the greater of the cost recovery allowed or allowable in calculating the tax basis. Cost 2022 allowable ($40,000 × 0.1429) 2023 allowable ($40,000 × 0.2449) 2024 allowable ($40,000 × 0.1749) 2025 allowable ($40,000 × 0.1249) 2026 allowed ($40,000 × 0.0893) 2027 allowable ($40,000 × 0.0892 × 1/2) Tax basis

$40,000 (5,716) (9,796) (6,996) (4,996) (3,572) (1,784) $ 7,140

169. a. b.

Sandra has no deductible loss. The $6,000 realized loss is disallowed as a related-party transaction. Bob’s recognized loss is $2,000. Sandra has a recognized gain of $4,000. Bob has a recognized loss of $3,000. Related-party transaction rules apply only to losses. Sandra has no deductible loss. The $6,000 realized loss is disallowed as a related-party transaction. Bob has a recognized gain of $2,000 ($28,000 – $20,000 = $8,000 less Sandra’s disallowed loss of $6,000).

170. Albie is allowed to reduce his AGI only by the cost of goods sold; thus, his AGI is $500,000 ($800,000 – $300,000). Note that the cost of goods sold is treated as a negative item in calculating gross income.

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Chap_05_2023 171. Electing § 179

§ 179 expense (limited to $1,080,000)

$580,000

Business income before MACRS deductions Additional first-year depreciation [($580,000 – $1,080,000) × 100%] MACRS cost recovery [($580,000 - $580,000) × 0.1429)] Business income limitation

$160,000

§ 179 Limit

$160,000

Business income Interest income Adjusted gross income

(-0-) (-0-) $160,000

–0– 30,000 $ 30,000

Not Electing § 179 Business income before MACRS deductions Additional first-year depreciation ($580,000 × 100%) MACRS cost recovery ($-0- × 0.1429) Business income Interest income Adjusted gross income

$160,000 (580,000) (-0-) ($420,000) 30,000 ($390,000)

Not electing § 179 will produce the lowest adjusted gross income, because the § 179 expense cannot create a business loss.

172. A computer and peripheral equipment are not listed property. As a result, Gabriella can elect § 179 expensing, or bonus depreciation on the 90% business and production of income use. So Gabriella can deduct $22,500 ($25,000 x 90%).

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Chap_05_2023 173. a.

Even though Petula’s business uses the accrual method, reserves for estimated warranty expenses are not permitted. Therefore, the deduction for warranty expenses is the amount paid of $40,000.

Petula would record gross income in 2022 of $425,000 ($400,000 + $25,000). The deduction for warranty expense would still be $40,000.

174. No. Political contributions cannot be deducted. 175. The purpose of the inclusion amount is to prevent taxpayers from circumventing the cost recovery dollar limitations by leasing instead of purchasing an automobile. 176. The two tests that an accrual basis taxpayer must apply before an expense can be deducted are (1) the all events test and (2) the economic performance test. The all events test provides that a deduction cannot be claimed until all the events that create the taxpayer's liability have occurred and that the amount of the liability can be determined with reasonable accuracy. The economic performance test provides that the service, property, or use of property giving rise to the liability must have been performed for, provided to, or used by the taxpayer. 177. a.

The reclassification of part of a shareholder/employee’s salary as unreasonable will have no effect on the shareholder/employee’s gross income. That is, the shareholder/employee’s salary income will decrease by the same amount as their dividend income increases. Note that if the dividends are qualified dividends, they are eligible for the same preferential tax rate of 20%/15%/0% applicable to long-term capital gains.

Salaries are deductible in calculating corporate taxable income, whereas dividends are not. So, the taxable income of the corporation will increase due to a reduced salary deduction.

178. A service provider generally should use the cash method. Under the cash method, Max records income from his dental practice only as he collects from his patients and/or their insurance companies. Max has income from the uncollected accounts receivable only as he receives payment. Note that since his accounts payable can be deducted only when paid under the cash method, he should continue to minimize the accounts payable balance at the end of the tax year. 179. If an automobile is not classified as a passenger automobile, it is not subject to the statutory dollar cost recovery limits under § 280F. In addition to a larger cost recovery deduction each year, it also results in the total recovery of the cost over a six-year period. While the automobile is still listed property, if it passes the more-than-50% business use test, MACRS cost recovery can be used as well as an election under § 179. However, the § 179 limit for SUVs is $27,000 rather than $1,080,000 in 2022. The SUV also is eligible for additional first-year depreciation.

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Chap_05_2023 180. The usual expenses of operating a business are deductible. However, the following expenses are disallowed.

∙ Fines ∙ Bribes to public officials ∙ Illegal kickbacks ∙ Other illegal payments 181. Goodwill is a capital asset and any gain or loss recognized on the sale of the goodwill will be capital gain or loss. A covenant not to compete is a business asset and any gain or loss will be ordinary gain or loss. 182. Residential realty is property for which 80% or more of the gross rental revenues are from nontransient dwelling units. Residential realty has a recovery period of 27.5 years. Nonresidential realty has a recovery period of 39 years. 183. The $1 million limit on deducting the compensation of a covered executive applies to corporations that have at least one class of stock registered under the Securities Exchange Act of 1934. Covered employees include the chief (or principal) executive officer, the chief (or principal) financial officer, the three other most highly compensated officers and anyone who served as CEO or CFO during the year. Any individual who is in this group of covered employees after 2016 will be subject to this rule for all future years. 184. “Reasonableness” is an additional requirement that applies to salaries. Generally, the unreasonable portion of the salary expense is disallowed as a deduction to the corporation and taxable as a dividend, rather than as salary, to the shareholder. 185. (1)

The expenses of investigation may be deducted if the taxpayer is in the same or similar business to that being investigated, even if the business is not acquired. If the taxpayer is not in the same or similar trade or business to the one being investigated, the investigation expenses are nondeductible if the business is not acquired.

(2)

The expenses of investigation must be capitalized by a taxpayer not in a similar business when the business is acquired. Such expenses may be immediately expensed (up to $5,000 if such expenses do not exceed $50,000) and the balance amortized over a 180month minimum period. If the taxpayer is in the same or similar trade or business as that acquired, investigation expenses are currently deductible.

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Chap_05_2023 186. Tax year of deduction: In general, a charitable contribution is deductible only in the year the gift is made. For an accrual basis corporation, however, a charitable contribution can be deducted in the current year for a contribution that is (1) approved by the corporation’s board of directors by the end of such year and (2) paid on or before the fifteenth day of the fourth month of the next year. Amount of contribution: In addition to cash gifts, property contributions to qualified charitable organizations are also deductible. For property that is depreciated (fair market value less than basis), the amount of the contribution is the property’s fair market value. For property that is appreciated (fair market value greater than basis), the amount of the contribution depends on whether the property is “capital gain property” or “ordinary income property.” Capital gain property is property that, if sold, would result in a long-term capital gain or § 1231 gain. A contribution of capital gain property generally results in a deductible amount equal to the property’s fair market value. If the capital gain property is tangible personal property and the charitable organization’s use of the property is unrelated to its exempt function, the amount of the contribution is equal to the property’s basis. (Contributions of capital gain property to certain private foundations are similarly limited to the property’s basis.) Ordinary income property is property that, if sold, would not result in a long-term capital gain or § 1231 gain. Typically, the deduction for a contribution of ordinary income property is equal to the property’s basis. However, charitable contributions of certain inventory property by corporations can result in an enhanced deduction amount. For such inventory property, the deductible amount is equal to the lesser of (1) the sum of the property’s basis plus 50% of the appreciation on the property or (2) twice the property’s basis. Annual limitation on deduction: A corporate taxpayer’s charitable deduction is limited to 10% (15% for contributions of food inventory) of taxable income (determined without regard to the charitable contribution deduction, any net operating loss carryback or capital loss carryback, and dividends received deduction). Any contributions in excess of the 10% limitation may be carried forward for five years. In any tax year for which there is a charitable contribution carryover, current year’s gifts are applied against the 10% limitation first, with carryover amounts deducted in order of time. 187. Because the interest income on municipal bonds is excludible from gross income, the related expense should not be deductible. Otherwise, a taxpayer could borrow money, at say 10%, invest the funds in tax-exempt securities, at say 8%, and realize a profit if the interest expense were deductible. The entire profit would be derived from the tax treatment. 188. Section 179 expensing cannot be taken on property used for the production of income. However, additional first-year depreciation can be taken. 189. No. To be deductible as a trade or business expense, the expense must be both ordinary and necessary. 190. Sham transactions can be structured between related parties such that no real economic change occurs in the status of the parties, but a tax savings results. This is an abuse of the tax law that has resulted in restrictions on the recognition of such transactions. 191. Bobby cannot deduct any of the expenses associated with operating his illegal drug-trafficking business. However, gross income for tax purposes is defined as sales minus cost of goods sold. So in calculating the net income of the business for tax purposes, cost of goods sold is treated as a negative income item rather than as an expense.

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Chap_05_2023 192. The related-party buyer is permitted to use as much of the disallowed loss of the seller as is needed to reduce any realized gain on the subsequent sale of the property. If the property in the hands of the buyer appreciates to at least the amount of the seller’s adjusted basis at the date of the original sale, all of the disallowed loss can be used by the buyer on the subsequent sale. The related-party seller’s disallowed loss can be used only by the related-party buyer. 193. Yes. Lobbying expenditures are deductible under the following circumstances. ∙ Activities devoted solely to monitoring legislation. ∙ De minimis provision for annual in-house expenditures (lobbying expenses other than those paid to professional lobbyists) if such expenditures do not exceed $2,000. If the in-house expenditures exceed $2,000, none of the inhouse expenditures can be deducted.

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Chap_06_2023 Indicate whether the statement is true or false. 1. A taxpayer is considered to be a material participant in a significant participation activity if the taxpayer spends at least 400 hours in the activity. a. True b. False 2. In the current year, Louise invests $50,000 for a 20% interest in a passive activity. Her share of the loss this year is $10,000. If this is her only passive activity, the $10,000 loss from the activity this year is suspended for use in a future year. a. True b. False 3. A taxpayer can carry an NOL forward indefinitely. a. True b. False 4. If a taxpayer sells her or his § 1244 stock at a loss, all of the loss will be ordinary loss. a. True b. False 5. Currently, a personal casualty loss deduction is allowed only for losses occurring in a Federally declared disaster area. a. True b. False 6. Individuals with modified AGI of $100,000 can deduct against active or portfolio income losses of up to $25,000 from real estate rental activities in which they actively participate. a. True b. False 7. Wolf Corporation has active income of $55,000 and a passive activity loss of $33,000 in the current year. Wolf cannot deduct the $33,000 loss if it is a closely held C corporation that is not a personal service corporation. a. True b. False 8. Jack owns a 10% interest in a partnership (not real estate) in which his at-risk amount is $42,000 at the beginning of the year. During the year, the partnership borrows $80,000 on a nonrecourse note and incurs a loss of $60,000 from operations. Jack’s at-risk amount at the end of the year is $44,000. a. True b. False 9. A corporation which makes a loan to a shareholder can have a nonbusiness bad debt deduction. a. True b. False

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Chap_06_2023 10. Jackson Company incurs a $50,000 loss on a passive activity during the year. The company has active income of $34,000 and portfolio income of $24,000. If Jackson is a personal service corporation, it may deduct $34,000 of the passive activity loss. a. True b. False 11. For taxable years beginning after December 31,2020, a net operating loss can be carried forward only and can offset no more than 80% of taxable income in a subsequent year. a. True b. False 12. A bona fide debt cannot arise on a loan between father and son. a. True b. False 13. A nonbusiness bad debt can offset an unlimited amount of long-term capital gain. a. True b. False 14. Gray Company, a closely held C corporation, incurs a $50,000 loss on a passive activity during the year. The company has active income of $34,000 and portfolio income of $24,000. If Gray is not a personal service corporation, it may deduct $34,000 of the passive activity loss. a. True b. False 15. From January through November, Vern participated for 420 hours as a salesman in a partnership in which he owns a 50% interest. The partnership has four full-time employees. During December, Vern spends 110 hours cleaning the store and painting the walls in order to meet the material participation standards. Vern qualifies as a material participant. a. True b. False 16. If investment property is stolen, the amount of the loss is the adjusted basis of the property at the time of the theft reduced by $100 and 10% of AGI. a. True b. False 17. Mary Jane participates for 100 hours during the year in an activity she owns. She has no employees and is the only participant in the activity. The activity is a significant participation activity. a. True b. False 18. A bond held by an investor that is uncollectible will be treated as a worthless security and, hence, produce a capital loss. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 19. Kathy, who is a real estate professional, owns an apartment building and devotes 550 hours to managing the activity. All losses from the rental activity will be considered nonpassive and deductible against active income. a. True b. False 20. Shanice owns an interest in a business that is not a passive activity and in which she has $20,000 at risk. If the business incurs a loss from operations during the year and her share of the loss is $32,000, this loss will be fully deductible. a. True b. False 21. The cost of repairs to damaged property is not an acceptable measure of the loss in value of the property. a. True b. False 22. Individuals can deduct from active or portfolio income losses of up to $25,000 from real estate rental activities in which they actively participate. a. True b. False 23. Aram owns a 20% interest in a partnership (not real estate) in which her at-risk amount was $35,000 at the beginning of the year. The partnership borrowed $50,000 on a recourse note and made a $40,000 profit during the year. Her at-risk amount at the end of the year is $43,000. a. True b. False 24. A business theft loss is taken in the year of the theft. a. True b. False 25. Tonya owns an interest in an activity (not real estate) that converted recourse financing to nonrecourse financing. Recapture of previously allowed losses is required if Tonya’s at-risk amount is reduced below zero as a result of the debt restructuring. a. True b. False 26. A father cannot claim a loss on his daughter’s rental use property. a. True b. False 27. James is in the business of debt collection. He purchased a $20,000 account receivable from Green Corporation for $15,000. During the year, he collected $17,000 in final settlement of the account. James can take a $2,000 bad debt deduction in the current year. a. True b. False

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Chap_06_2023 28. Several years ago, John purchased 2,000 shares of Red Corporation's § 1244 stock from Mark for $40,000. Last year, John sold one-half of his Red Corporation stock to Mike for $12,000. During the current year, John sold the remaining Red Corporation stock for $3,000. John has a $17,000 ($3,000 – $20,000) ordinary loss for the current year. a. True b. False 29. A theft of investment property can create or increase a net operating loss for an individual. a. True b. False 30. In determining whether a debt is a business or nonbusiness bad debt, the debtor’s use of the borrowed funds is important. a. True b. False 31. Lucy owns and actively participates in the operations of an apartment complex that produces a $50,000 loss during the year. Her modified AGI is $125,000 from an active business. Disregarding any at-risk amount limitation, she may deduct $25,000 of the loss this year, and the remaining $25,000 is a suspended passive activity loss. a. True b. False 32. Joyce owns an activity (not real estate) in which she participates for 100 hours a year; her spouse participates for 450 hours. Joyce qualifies as a material participant. a. True b. False 33. A loss is not allowed for a security that declines in value. a. True b. False 34. The amount of a loss on insured personal use property is reduced by the insurance coverage even if no claim is made against the insurer. a. True b. False 35. Other casualty means casualties similar to those associated with fires, storms, or shipwrecks. a. True b. False 36. Bruce owns a small apartment building that produces a $25,000 loss during the year. His AGI before considering the rental loss is $85,000. Bruce must be a material participant with respect to the rental activity in order to deduct the $25,000 loss under the real estate rental exception. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 37. Last year, taxpayer had a $10,000 nonbusiness bad debt. Taxpayer also had an $8,000 short-term capital gain and taxable income of $35,000. If taxpayer collects the entire $10,000 during the current year, $8,000 needs to be included in gross income. a. True b. False 38. A loss from a worthless security is always treated as a short-term capital loss. a. True b. False 39. Linda owns investments that produce portfolio income and Activity A that produces losses. From a tax perspective, Linda will be better off if Activity A is not passive. a. True b. False 40. Tom participates for 100 hours in Activity A and 450 hours in Activity B, both of which are nonrental businesses. Both activities are active. a. True b. False 41. A qualified real estate professional is allowed to treat income or loss from any real estate venture as active except for income or loss from a rental activity. a. True b. False 42. Tomas participates for 300 hours in Activity A and 250 hours in Activity B, both of which are nonrental businesses. Both activities are active. a. True b. False 43. The purpose of the excess business loss rules is to limit the amount of nonbusiness income (e.g., salaries, interest, dividends, and capital gains) that can be sheltered from tax as a result of business losses. a. True b. False 44. A taxpayer is considered to be a material participant if the taxpayer spends more than 500 hours in the activity. a. True b. False 45. The amount of partial worthlessness on a nonbusiness bad debt is deducted in the year partial worthlessness is determined. a. True b. False

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Chap_06_2023 46. Gloria owns and works full-time at a shop that rents watercraft of various types to tourists who are vacationing at the beach. If she generates a loss from that activity, the loss is subject to the passive activity loss rules because it is rental property. a. True b. False 47. Roger owns and actively participates in the operations of an apartment building that produces a $40,000 loss during the year. He has AGI of $150,000 from an active business. He may deduct $25,000 of the loss. a. True b. False 48. Al, who is single, has a gain of $40,000 on the sale of § 1244 stock (small business stock) and a loss of $80,000 on the sale of § 1244 stock. As a result, Al has a $40,000 ordinary loss. a. True b. False 49. The amount of a business loss cannot exceed the amount of the taxpayer’s NOL for the taxable year. a. True b. False 50. Services performed by an employee are treated as being related to a real estate trade or business if the employee performing the services has more than a 5% ownership interest in the employer. a. True b. False 51. A theft loss of investment property is an itemized deduction not subject to the 2%-of-AGI floor. a. True b. False 52. When a nonbusiness casualty loss is spread between two taxable years, the loss in the second year is reduced by 10% of adjusted gross income for the first year. a. True b. False 53. DeShawn participates in an activity for 90 hours during the year. He has no employees and there are no other participants. DeShawn is a material participant. a. True b. False 54. Mahina, an architect, earns $100,000 from her practice in the current year. In addition, she receives $35,000 in dividends, capital gains, and annuity income during the year. Further, she incurs a loss of $35,000 from an investment in a passive activity. Mahina’s AGI for the year after considering the passive investment is $100,000. a. True b. False

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Chap_06_2023 55. Aaliyah gave her interest in a passive activity (fair market value of $75,000 and basis of $60,000) to Harrison. Associated with the interest is a suspended passive activity loss of $8,000. Upon making the gift, the suspended passive activity loss is not deductible to Aaliyah, but it will benefit Harrison. a. True b. False 56. Kim dies owning a passive activity with a basis of $75,000, a fair market value of $140,000, and suspended losses of $80,000. All of the $80,000 passive activity loss can be deducted on Kim’s final income tax return. a. True b. False 57. A cash basis taxpayer must include as income the proceeds from the sale of an account receivable to a collection agency. a. True b. False 58. An individual may deduct a loss on rental property even if it does not meet the definition of a casualty loss. a. True b. False 59. If a business debt previously deducted as partially worthless becomes totally worthless this year, only the amount not previously deducted can be deducted this year. a. True b. False 60. Taxpayer’s home was destroyed by a storm in 2022 in a Federally declared disaster area. If the taxpayer elects to treat the loss as having occurred in the prior year, it will be subject to the 10%-of-AGI reduction based on the AGI of the current year. a. True b. False 61. Losses on rental property are classified as deductions for AGI. a. True b. False 62. Currently, a net operating loss can be carried forward only (no carryback exists). a. True b. False 63. If personal casualty gains exceed personal casualty losses (after deducting the $100 floor), there is no itemized deduction. a. True b. False

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Chap_06_2023 64. In the current year, Kelly had a $35,000 loss from a real estate rental activity in which she is a 10% owner. If she is an active participant and if her modified AGI is $100,000 or less, she can deduct $25,000 of the loss. a. True b. False 65. Oriole Corporation has active income of $45,000 and a passive activity loss of $23,000 in the current year. Under an exception, Oriole can deduct the $23,000 loss if it is a personal service corporation. a. True b. False 66. A nonbusiness bad debt deduction can be taken any year after the debt becomes totally worthless. a. True b. False 67. Nathan owns Activity A, which produces income, and Activity B, which produces passive activity losses. From a tax planning perspective, Nathan will be better off if Activity A is passive. a. True b. False 68. The excess business loss rule applies to partnerships and S corporations (rather than partners and shareholders). a. True b. False 69. A taxpayer can carry back any NOL incurred for two years and then forward up to 20 years. a. True b. False 70. Kelly, who earns a yearly salary of $120,000, sold an activity with a suspended passive activity loss of $44,000. The activity was sold at a loss and Kelly has no other passive activities. The suspended loss is not deductible. a. True b. False 71. Bai owns a small apartment building that produces a $45,000 loss during the year. His AGI before considering the rental loss is $85,000. Because Bai is an active participant with respect to the rental activity, he may deduct the $45,000 loss. a. True b. False 72. In the current year, Don has a $55,000 loss from a business he owns. His at-risk amount at the end of the year, prior to considering the current-year loss, is $36,000. He will be allowed to deduct the $55,000 loss this year if he is a material participant in the business. a. True b. False

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Chap_06_2023 73. Carlos receives a gift of a passive activity from his father whose basis is $60,000. Suspended losses related to the activity are $18,000. Carlos will be allowed to offset the $18,000 suspended losses against future passive activity income. a. True b. False 74. A business bad debt is a debt unrelated to the taxpayer’s trade or business either when it was created or when it became worthless. a. True b. False 75. If the amount of the insurance recovery for a theft of business property is greater than the asset’s fair market value (FMV) but less than its adjusted basis, a gain is recognized. a. True b. False 76. All of a taxpayer’s tax credits relating to a passive activity can be utilized when the activity is sold at a loss. a. True b. False 77. If an account receivable written off during a prior year is subsequently collected during the current year, the amount collected must be included in the gross income of the current year to the extent it created a tax benefit in the prior year. a. True b. False 78. If an owner participates for more than 500 hours in a bicycle rental activity located at a beach resort, any loss from that activity is treated as an active loss that can offset active income. a. True b. False 79. The amount of loss for partial destruction of business property is the decline in fair market value of the business property. a. True b. False 80. When determining whether an individual is a material participant, participation by an owner’s spouse generally counts. a. True b. False 81. If a noncorporate taxpayer has an excess business loss for the year, it is not allowed. a. True b. False

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Chap_06_2023 82. Personal casualty gains are allowed to offset personal casualty losses. Currently, if an excess casualty loss results, it is not deductible unless attributable to a Federally declared disaster. a. True b. False 83. Anita owns Activity A, which produces active income, and Activity B, which produces losses. From a tax planning perspective, Anita will be better off if Activity B is a passive activity. a. True b. False 84. Stuart is the sole owner and a material participant in a business in which he has $50,000 at risk. If the business incurs a loss of $80,000 from operations, Stuart will be allowed the full amount as a deduction. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 85. Ahmad owns four activities. He participated for 120 hours in Activity A, 150 hours in Activity B, 140 hours in Activity C, and 100 hours in Activity D. Which of the following statements is correct? a. Activities A, B, C, and D are all significant participation activities. b. Activities A, B, and C are significant participation activities. c. Ahmad is a material participant with respect to Activities A, B, and C. d. Ahmad is a material participant with respect to Activities A, B, C, and D. 86. In the current year, Crow Corporation, a closely held C corporation that is not a personal service corporation, has $100,000 of passive activity losses, $80,000 of active business income, and $20,000 of portfolio income. How much of the passive activity loss may Crow deduct in the current year? a. $0. b. $20,000. c. $80,000. d. $100,000. 87. Ahmed, who is single, had the following items for the current year: ∙ ∙ ∙

∙

Salary of $80,000. Gain of $20,000 on the sale of § 1244 stock acquired two years earlier. Loss of $75,000 on the sale of § 1244 stock acquired three years earlier. Worthless stock of $15,000. The stock was acquired on February 1 of the prior year and became worthless on January 15 of the current year.

Determine Ahmed’s AGI for the current year. a. $27,000 b. $38,000 c. $42,000 d. $47,000 Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 88. Jed is an electrician. He and his wife are accrual basis taxpayers and file a joint return. Jed wired a new house for Alison and billed her $15,000. Alison paid Jed $10,000 and refused to pay the remainder of the bill, claiming the fee to be exorbitant. Jed took Alison to Small Claims Court for the unpaid amount and was awarded a $2,000 judgement. Jed was able to collect the judgement but not the remainder of the bill from Alison. What amount of loss may Jed deduct in the current year? a. $0 b. $2,000 c. $3,000 d. $5,000 89. On September 3, 2018, Aaron, a single individual, purchased § 1244 stock in Red Corporation from his friend Peter for $60,000. On December 31, 2018, the stock was worth $85,000. On August 15, 2022, Aaron was notified that the stock was worthless. How should Aaron report this item on his 2022 tax return? a. $85,000 capital loss. b. $85,000 ordinary loss. c. $60,000 ordinary loss. d. $60,000 capital loss. 90. Carl, a physician, earns $200,000 from his medical practice in the current year. He receives $45,000 in dividends and interest during the year as well as $5,000 of income from a passive activity. In addition, he incurs a loss of $50,000 from an investment in a passive activity. What is Carl’s AGI for the current year after considering the passive investment? a. $195,000 b. $200,000 c. $240,000 d. $245,000 91. In 2022, Liam invested $100,000 for a 25% interest in a partnership involved in an activity in which he is a material participant. The partnership reported losses of $340,000 in 2022 and $180,000 in 2023 with Liam’s share being $85,000 in 2022 and $45,000 in 2023. How much of the losses can Liam deduct? a. $0 in 2022, $0 in 2023. b. $85,000 in 2022, $0 in 2023. c. $85,000 in 2022, $15,000 in 2023. d. $85,000 in 2022, $45,000 in 2023. 92. Which of the following decreases a taxpayer’s at-risk amount? a. Amounts borrowed for use in the activity for which the taxpayer is personally liable or has pledged as security property not used in the activity. b. Taxpayer’s share of amounts borrowed for use in the activity that is qualified nonrecourse financing. c. Taxpayer’s share of the activity’s income. d. None of these.

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Chap_06_2023 93. Sandra acquired a passive activity three years ago. Until last year, the activity was profitable and her at-risk amount was $300,000. Last year, the activity produced a loss of $100,000, and in the current year, the loss is $50,000. Assuming Sandra has received no passive activity income in the current or prior years, her suspended passive activity loss from the activity is: a. $90,000 from last year and $50,000 from the current year. b. $100,000 from last year and $50,000 from the current year. c. $0 from last year and $0 from the current year. d. $50,000 from the current year. 94. Tara owns a shoe store and a bookstore. Both businesses are operated in a mall. She also owns a restaurant across the street and a jewelry store several blocks away. a. All four businesses can be treated as a single activity if Tara elects to do so. b. Only the shoe store and bookstore can be treated as a single activity, the restaurant must be treated as a separate activity, and the jewelry store must be treated as a separate activity. c. The shoe store, bookstore, and restaurant can be treated as a single activity, and the jewelry store must be treated as a separate activity. d. All four businesses must be treated as separate activities. 95. Mary incurred a $20,000 nonbusiness bad debt last year. She also had an $18,000 long-term capital gain last year. Her taxable income for last year was $25,000. During the current year, she unexpectedly collected $12,000 on the debt. How should Mary account for the collection? a. $0 income b. $8,000 income c. $11,000 income d. $12,000 income 96. White Corporation, a closely held personal service corporation, has $150,000 of passive activity losses, $120,000 of active business income, and $30,000 of portfolio income. How much of the passive activity loss can White Corporation deduct? a. $0 b. $30,000 c. $120,000 d. $150,000 97. Peggy is in the business of purchasing accounts receivable from businesses at a discount and then collecting them. Last year, she purchased a $30,000 account receivable for $25,000. This year, the account was settled for $25,000. How much loss can Peggy deduct and in which year? a. $-0- for the current year. b. $5,000 for the prior year and $5,000 for the current year. c. $5,000 for the prior year. d. $5,000 for the current year.

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Chap_06_2023 98. Carol made a gift to Tim of a passive activity (adjusted basis of $50,000, suspended losses of $20,000, and a fair market value of $80,000). No gift tax resulted from the transfer. a. Tim’s adjusted basis is $80,000, and he can deduct the $20,000 of suspended losses in the future. b. Tim’s adjusted basis is $50,000, and the suspended losses are lost. c. Tim’s adjusted basis is $50,000, and he can deduct the $20,000 of suspended losses in the future. d. None of these applies here. 99. Maria, who owns a 50% interest in a restaurant, has been a material participant in the restaurant activity for the last 20 years. She retired from the restaurant at the end of last year and will not participate in the restaurant activity in the future. However, she continues to be a material participant in a retail store in which she is a 50% partner. The restaurant operations produce a loss for the current year, and Maria’s share of the loss is $80,000. Her share of the income from the retail store is $150,000. She does not own interests in any other activities. a. Maria cannot deduct the $80,000 loss from the restaurant because she is not a material participant. b. Maria can offset the $80,000 loss against the $150,000 of income from the retail store. c. Maria will not be able to deduct any losses from the restaurant until she has been retired for at least three years. d. Assuming Maria continues to hold the interest in the restaurant, she will always treat the losses as active. 100. Nell sells a passive activity with an adjusted basis of $45,000 for $105,000. Suspended losses attributable to this property total $45,000. The total gain and the taxable gain are: a. $60,000 total gain; $105,000 taxable gain. b. $10,000 total gain; $15,000 taxable gain. c. $60,000 total gain; $0 taxable gain. d. $60,000 total gain; $15,000 taxable gain. 101. Melinda earns wages of $80,000, income from a limited partnership of $10,000, and a $30,000 passive activity loss from a real estate rental activity in which she actively participates. Her modified adjusted gross income is $80,000. Of the $30,000 loss, Melinda may deduct: a. $0. b. $10,000. c. $25,000. d. $30,000. 102. Three years ago, Sharon loaned her sister $30,000 to buy a car. A note was issued for the loan with the provision for monthly payments of principal and interest. Last year, Sharon purchased a car from the same dealer, Hank’s Auto. As partial payment for the car, the dealer accepted the note from Sharon’s sister. At the time Sharon purchased the car, the note had a balance of $18,000. During the current year, Sharon’s sister died. Hank’s Auto was notified that no further payments on the note would be received. At the time of the notification, the note had a balance due of $15,500. What is the amount of loss with respect to the note that Hank’s Auto may claim on the current year tax return? a. $0 b. $3,000 c. $15,500 d. $18,000 Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 103. Two years ago, Gina loaned Tom $50,000. Tom signed a note the terms of which called for monthly payments of $2,000 plus 6% interest on the outstanding balance. Last year, when the balance owing on the loan was $18,000, Tom defaulted on the note. As of the end of last year, there appeared to be no reasonable prospect of Gina recovering the $18,000. As a consequence, Gina claimed the $18,000 as a nonbusiness bad debt. Last year, Gina had AGI of $50,000, which included $16,000 of net long-term capital gains. Gina did not itemize her deductions. During the current year, Tom paid Gina $13,000 in final settlement of the loan. How should Gina account for the payment in the current year? a. File an amended tax return for last year. b. Report $2,000 of income for the current year. c. Report $5,000 of income for the current year. d. Report $13,000 of income for the current year. 104. Jim had a car accident in 2022 in which his car was completely destroyed. At the time of the accident, the car had a fair market value of $30,000 and an adjusted basis of $40,000. Jim used the car 100% of the time for business use. He received an insurance recovery of 70% of the value of the car at the time of the accident. If Jim’s AGI for the year is $60,000, determine his deductible loss on the car. a. $900 b. $2,900 c. $3,000 d. $19,000 105. In 2022, Joanne invested $90,000 for a 20% interest in a limited liability company (LLC) in which she is a material participant. The LLC reported losses of $340,000 in 2022 and $180,000 in 2023. Joanne’s share of the LLC’s losses was $68,000 in 2022 and $36,000 in 2023. How much of these losses can Joanne deduct? a. $68,000 in 2022; $36,000 in 2023. b. $68,000 in 2022; $22,000 in 2023. c. $0 in 2022; $0 in 2023. d. $68,000 in 2022; $0 in 2023. 106. Which of the following events would produce a deductible loss in 2022? a. Erosion of personal use land due to rain or wind. b. Termite infestation of a personal residence over a several year period. c. Damages to personal residence from hurricane in a Federal disaster area. d. A misplaced diamond ring. 107. Rachel acquired a passive activity several years ago. Until 2019, the activity was profitable, and Rachel’s at-risk amount at the beginning of 2019 was $300,000. The activity produced losses of $80,000 in 2019, $50,000 in 2020, and $70,000 in 2021. In 2022, the activity produced income of $90,000. How much is Rachel’s suspended passive activity loss at the beginning of 2023? a. $150,000. b. $110,000. c. $60,000. d. $0.

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Chap_06_2023 108. David’s at-risk amount in a passive activity was $60,000 at the beginning of 2021. His loss from the activity in 2021 is $80,000, and he had no passive activity income during the year. David had $20,000 of passive activity income from the activity in 2022. Under the passive activity loss rules, David’s suspended loss at the end of 2022 is: a. $15,000. b. $20,000. c. $45,000. d. $60,000. 109. Jed spends 32 hours a week, 50 weeks a year, operating a bicycle rental store that he owns at a resort community. He also owns a music store in another city that is operated by a full-time employee. He elects not to group them together as a single activity under the “appropriate economic unit” standard. Jed spends 40 hours per year working at the music store. a. Neither store is a passive activity. b. Both stores are passive activities. c. Only the bicycle rental store is a passive activity. d. Only the music store is a passive activity. 110. Wes’s at-risk amount in a passive activity is $25,000 at the beginning of the current year. His current loss from the activity is $35,000 and he has no passive activity income. At the end of the current year, which of the following statements is incorrect? a. Wes has a loss of $25,000 suspended under the passive activity loss rules. b. Wes has an at-risk amount in the activity of $0. c. Wes has a loss of $10,000 suspended under the at-risk rules. d. Wes has a loss of $35,000 suspended under the passive activity loss rules. 111. Last year, Lucy purchased a $100,000 account receivable for $90,000. During the current year, Lucy collected $97,000 on the account. What are the tax consequences to Lucy associated with the collection of the account receivable? No subsequent collections are expected. a. $7,000 gain b. $2,000 gain c. $3,000 loss d. $13,000 loss 112. George, an ophthalmologist, owns a separate business (not real estate) in which he participates. He has one employee who works part-time in the business. Which of the following statements is correct? a. If George participates for 500 hours and the employee participates for 520 hours during the year, George qualifies as a material participant. b. If George participates for 600 hours and the employee participates for 1,000 hours during the year, George qualifies as a material participant. c. If George participates for 120 hours and the employee participates for 120 hours during the year, George does not qualify as a material participant. d. If George participates for 95 hours and the employee participates for 5 hours during the year, George probably does not qualify as a material participant. Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 113. Matt has three passive activities and has at-risk amounts in excess of $100,000 for each. During the year, the activities produced the following income (losses). Activity A Activity B Activity C Net passive activity loss

($60,000) (40,000) 75,000 ($25,000)

Matt’s suspended losses are as follows: a. $25,000 is allocated to C; $0 to A and B. b. $12,500 is allocated to A; $12,500 to B. c. $15,000 is allocated to A; $10,000 to B. d. $8,333 is allocated to A, B, and C. 114. In 2022, Morley, a single taxpayer, had an AGI of $30,000 before considering the following items: Loss from damage to rental property Loss from theft of bonds Personal casualty gain Personal casualty loss (after $100 floor)

($6,000) (3,000) 4,000 (9,000)

The personal casualties occurred in a Federally declared disaster area. Determine the amount of Morley’s itemized deduction from the losses. a. $0 b. $2,900 c. $5,120 d. $5,600 115. Faye dies owning an interest in a passive activity property (adjusted basis of $150,000, suspended losses of $52,000, and a fair market value of $180,000). What, if any, can be deducted on her final income tax return? a. $52,000. b. $30,000. c. $22,000. d. $0.

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Chap_06_2023 116. Five years ago, Tom loaned his son Liam $20,000 to start a business. A note was executed with an interest rate of 8%, which is the Federal rate. The note required monthly payments of the interest with the $20,000 due at the end of 10 years. Liam always made the interest payments until last year. During the current year, Liam notified his father that he was bankrupt and would not be able to repay the $20,000 or the accrued interest of $1,800. Tom is an accrual basis taxpayer whose only income is salary and interest income. The proper treatment for the nonpayment of the note is: a. No deduction. b. $3,000 deduction. c. $20,000 deduction. d. $21,800 deduction. 117. Kwame has investments in two passive activities. Activity A, acquired three years ago, produces income in the current year of $60,000. Activity B, acquired last year, produces a loss of $100,000 in the current year. At the beginning of this year, Kwame’s at-risk amounts in Activities A and B are $10,000 and $100,000, respectively. What is the amount of Kwame’s suspended passive activity loss with respect to these activities at the end of the current year? a. $0 b. $36,000 c. $40,000 d. $100,000 118. Rita earns a salary of $150,000, and invests $40,000 for a 20% interest in a passive activity. Operations of the activity result in a loss of $250,000, of which Rita’s share is $50,000. How is her loss characterized? a. $40,000 is suspended under the passive activity loss rules and $10,000 is suspended under the at-risk rules. b. $40,000 is suspended under the at-risk rules and $10,000 is suspended under the passive activity loss rules. c. $50,000 is suspended under the passive activity loss rules. d. $50,000 is suspended under the at-risk rules. 119. Lew owns five activities, and he elects not to group them together as a single activity under the “appropriate economic unit” standard. During the year, he participates for 120 hours in Activity A, 150 hours in Activity B, 140 hours in Activity C, 110 hours in Activity D, and 100 hours in Activity E. Which of the following statements is correct? a. Activities A, B, C, D, and E are all significant participation activities. b. Lew is a material participant in Activities A, B, C, and D only. c. Lew is a material participant in Activities A, B, C, D, and E. d. None of these.

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Chap_06_2023 120. Green Corporation earns active income of $50,000 and receives $40,000 in dividends during the year. In addition, Green incurs a loss of $70,000 from an investment in a passive activity acquired several years ago. Consider the following two statements:

(1) Green’s current deduction for passive activity losses is $50,000 if it is a closely held C corporation that is not a personal service corporation. (2) Green’s current deduction for passive activity losses is $0 if it is a personal service corporation. Which of the following answers is correct? a. Only statement 1. b. Only statement 2. c. Both statements 1 and 2. d. Neither statement 1 or 2. 121. Josie, an unmarried taxpayer, has $155,000 in salary, $10,000 in income from a limited partnership, and a $26,000 passive activity loss from a real estate rental activity in which she actively participates. If her modified adjusted gross income is $155,000, how much of the $26,000 loss is deductible? a. $0 b. $10,000 c. $25,000 d. $26,000 122. Josh has investments in two passive activities. Activity A (acquired three years ago) produces income of $30,000 this year, while Activity B (acquired two years ago) produces a loss of $50,000. What is the amount of Josh’s suspended loss for the year? a. $0 b. $18,000 c. $20,000 d. $50,000 123. Jon owns an apartment building in which he is a material participant and also owns a computer consulting business. Of the 2,000 hours he spends on these activities during the year, 55% of the time is spent operating the apartment building and 45% of the time is spent in the computer consulting business. a. The computer consulting business is a passive activity but the apartment building is not. b. The apartment building is a passive activity but the computer consulting business is not. c. Both the apartment building and the computer consulting business are passive activities. d. Neither the apartment building nor the computer consulting business is a passive activity.

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Chap_06_2023 124. Alma is in the business of dairy farming. During the year, one of her barns was completely destroyed by fire. The adjusted basis of the barn was $90,000. The fair market value of the barn before the fire was $75,000. The barn was insured for 95% of its fair market value, and Alma recovered this amount under the insurance policy. She has adjusted gross income of $40,000 for the year (before considering the casualty). Determine the amount of loss she can deduct on her tax return for the current year. a. $3,750 b. $14,650 c. $14,750 d. $18,750 125. Paula owns four separate activities. She elects not to group them together as a single activity under the “appropriate economic unit” standard. Paula participates for 130 hours in Activity A, 115 hours in Activity B, 260 hours in Activity C, and 100 hours in Activity D. She has one employee, who works 125 hours in Activity D. Which of the following statements is correct? a. Activities A, B, C, and D are all significant participation activities. b. Paula is a material participant with respect to Activities A, B, C, and D. c. Paula is not a material participant with respect to Activities A, B, C, and D. d. None of these is correct. 126. In 2022, Mary reported the following items: Salary Personal use casualty gain Personal use casualty loss (after $100 floor) Other itemized deductions

$30,000 10,000 17,000 4,000

Assuming that Mary files as head of household (has one dependent child), determine her taxable income for 2022. a. $10,600 b. $12,800 c. $13,900 d. $21,900

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Chap_06_2023 127. Samuel files a return as a single taxpayer. In 2022, he had the following items: ∙ ∙ ∙

Salary of $40,000. Loss of $65,000 on the sale of § 1244 stock acquired two years ago. Interest income of $6,000.

Determine Samuel’s AGI for 2022. a. ($5,000). b. $0. c. $45,000. d. $51,000. 128. On February 20, 2021, Alicia purchased stock in Pink Corporation (the stock is not small business stock) for $1,000. On May 1, 2022, the stock became worthless. During 2022, Alicia also had an $8,000 loss on § 1244 small business stock purchased two years ago, a $9,000 loss on a nonbusiness bad debt, and a $5,000 long-term capital gain. How should Alicia treat these items on her 2022 tax return? a. $4,000 long-term capital loss and $9,000 short-term capital loss. b. $4,000 long-term capital loss and $3,000 short-term capital loss. c. $8,000 ordinary loss and $3,000 short-term capital loss. d. $8,000 ordinary loss and $5,000 short-term capital loss. 129. In 2022, Kipp invested $65,000 for a 30% interest in a partnership conducting a passive activity. The partnership reported losses of $200,000 in 2022 and $100,000 in 2023, Kipp’s share being $60,000 in 2022 and $30,000 in 2023. How much of the losses from the partnership can Kipp deduct assuming he owns no other investments and does not participate in the partnership’s operations? a. $0 in 2022; $0 in 2023. b. $60,000 in 2022; $30,000 in 2023. c. $60,000 in 2022; $5,000 in 2023. d. $60,000 in 2022; $0 in 2023. 130. Charles owns a business with two separate departments. Department A produces $100,000 of income and Department B incurs a $60,000 loss. Charles participates for 550 hours in Department A and 100 hours in Department B. He has full-time employees in both departments. a. If Charles elects to treat both departments as a single activity, he cannot offset the $60,000 loss against the $100,000 income. b. Charles may not treat Department A and Department B as separate activities because they are parts of one business. c. If Charles elects to treat the two departments as separate activities, he can offset the $60,000 loss against the $100,000 income. d. If Charles elects to treat both departments as a single activity, he can offset the $60,000 loss against the $100,000 income.

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Chap_06_2023 131. Vic’s at-risk amount in a passive activity is $200,000 at the beginning of the current year. His current loss from the activity is $80,000. Vic had no passive activity income during the year. At the end of the current year: a. Vic has an at-risk amount in the activity of $120,000 and a suspended passive activity loss of $80,000. b. Vic has an at-risk amount in the activity of $200,000 and a suspended passive activity loss of $80,000. c. Vic has an at-risk amount in the activity of $120,000 and no suspended passive activity loss. d. Vic has an at-risk amount in the activity of $200,000 and no suspended passive activity loss. 132. Jenny spends 32 hours a week, 50 weeks a year, operating a bicycle rental store that she owns at a resort community. She also owns a music store in another city that is operated by a full-time employee. Jenny spends 140 hours per year working at the music store. She elects not to group them together as a single activity under the “appropriate economic unit” standard. a. Neither store is a passive activity. b. Both stores are passive activities. c. Only the bicycle rental store is a passive activity. d. Only the music store is a passive activity. 133. Rick, a computer consultant, owns a separate business (not real estate) in which he participates. He has one employee who works part-time in the business. a. If Rick participates for 500 hours and the employee participates for 620 hours during the year, Rick qualifies as a material participant. b. If Rick participates for 550 hours and the employee participates for 2,000 hours during the year, Rick qualifies as a material participant. c. If Rick participates for 120 hours and the employee participates for 120 hours during the year, Rick does not qualify as a material participant. d. If Rick participates for 95 hours and the employee participates for 5 hours during the year, Rick probably does not qualify as a material participant. 134. Norm’s car, which he uses 100% for personal purposes, was completely destroyed in an accident in 2022. The car’s adjusted basis at the time of the accident was $13,000. Its fair market value was $10,000. The car was covered by a $2,000 deductible insurance policy. Norm did not file a claim against the insurance policy because he feared that reporting the accident would result in a substantial increase in his insurance rates. His adjusted gross income was $14,000 (before considering the loss). What is Norm’s deductible loss? a. $0 b. $100 c. $500 d. $9,500

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Chap_06_2023 135. Alicia was involved in an automobile accident in 2022. Her car was used 60% for business and 40% for personal use. The car had originally cost $40,000. At the time of the accident, the car was worth $20,000 and Alicia had taken $8,000 of depreciation. The car was totally destroyed and Alicia had let her car insurance expire. If her AGI is $50,000 (before considering the loss), determine her AGI and itemized deduction for the casualty loss. a. $34,000; $-0-. b. $50,000; $-0-. c. $34,000; $4,500. d. $26,000; $5,700. 136. Leigh, who owns a 50% interest in a sporting goods store, was a material participant in the activity for the last 15 years. She retired from the sporting goods store at the end of last year and will not participate in the activity in the future. However, she continues to be a material participant in an office supply store in which she is a 50% partner. The operations of the sporting goods store resulted in a loss for the current year and Leigh’s share of the loss is $40,000. Leigh’s share of the income from the office supply store is $75,000. She does not own interests in any other activities. a. Leigh cannot deduct the $40,000 loss from the sporting goods store because she is not a material participant. b. Leigh can offset the $40,000 loss from the sporting goods store against the $75,000 of income from the office supply store. c. Leigh will not be able to deduct any losses from the sporting goods store until future years. d. Leigh will not be able to deduct any losses from the sporting goods store until she has been retired for at least four years. 137. In 2022, Wally had the following insured personal casualty losses (arising from one casualty in a Federally declared disaster area). Wally also had $42,000 AGI for the year before considering the casualty. Fair Market Value Adjusted Basis

Before

After

Insurance Recovery

$9,200

$8,000

$1,000

$2,000

3,000

4,000

-0-

4,000

1,700

-0-

900

Asset

C 3,700 Wally’s casualty loss deduction is: a. $500. b. $1,600. c. $4,700. d. $4,800.

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Chap_06_2023 138. Pablo, who is single, has $95,000 of salary, $10,000 of income from a limited partnership, and a $27,000 passive activity loss from a real estate rental activity in which he actively participates. His modified adjusted gross income is $95,000. Of the $27,000 loss, how much is deductible? a. $0 b. $10,000 c. $25,000 d. $27,000 139. Ned, a college professor, owns a separate business (not real estate) in which he participates in the current year. He has one employee who works part-time in the business. a. If Ned participates for 120 hours and the employee participates for 120 hours during the year, Ned does not qualify as a material participant. b. If Ned participates for 95 hours and the employee participates for 5 hours during the year, Ned probably does not qualify as material participant. c. If Ned participates for 500 hours and the employee participates for 520 hours during the year, Ned qualifies as material participant. d. If Ned participates for 600 hours and the employee participates for 2,000 hours during the year, Ned qualifies as a material participant. 140. On June 2, 2021, Juan’s TV Sales sold Mark a large HD TV on account for $12,000. Juan’s TV Sales uses the accrual method. In 2022, when the balance on the account was $8,000, Mark filed for bankruptcy. Juan was notified that he could not expect to receive any of the amount owed to him. In 2023 final settlement was made and Juan received $1,000. How much bad debt loss can Juan deduct in 2023? a. $0 b. $7,000 c. $8,000 d. $12,000 141. In 2022, Grant’s personal residence was completely destroyed by fire. He was insured for 100% of his actual loss, and he received the insurance settlement. Grant had adjusted gross income before considering the casualty item of $30,000. Pertinent data with respect to the residence follows: Cost basis

$280,000

Value before casualty

250,000

Value after casualty What is Grant’s allowable casualty loss deduction? a. $0 b. $6,500 c. $6,900 d. $10,000

–0–

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Chap_06_2023 142. During the current year, Ethan performs personal services as follows: 800 hours in his information technology consulting practice, 625 hours in a real estate development business, and 510 hours in a condominium leasing operation. He expects that losses will be realized from the two real estate ventures and that his consulting practice will show a profit. Ethan files a joint return with his spouse whose salary is $125,000. The income and losses from the following ventures are considered active and not subject to the passive activity loss limitations: a. Only the information technology consulting practice. b. Only the information technology consulting practice and the real estate development business. c. Only the information technology consulting practice and the condominium leasing operation. d. All three of the ventures are considered active and not subject to the passive activity loss limitations. 143. Dena owns interests in five businesses and has full-time employees in each business. She participates for 100 hours in Activity A, 120 hours in Activity B, 130 hours in Activity C, 140 hours in Activity D, and 125 hours in Activity E. a. All five of Dena’s activities are significant participation activities. b. Dena is a material participant with respect to all five activities. c. Dena is not a material participant in any of the activities. d. Dena is a material participant with respect to Activities B, C, D, and E. 144. In the current year, Juan’s home was burglarized. He had the following items stolen: ∙ ∙ ∙

Securities worth $25,000. Juan purchased the securities four years ago for $20,000. New tools that Juan had purchased two weeks earlier for $8,000. He uses the tools in making repairs at an apartment house that he owns and manages. An antique worth $15,000. Juan inherited the antique (a family keepsake) when the property was worth $11,000.

Juan’s homeowner’s policy had a $50,000 deductible clause for thefts. If his salary for the year is $50,000, determine the amount of his itemized deductions as a result of the theft. a. $3,100 b. $6,000 c. $20,000 d. $26,500 145. In 2022, Wang invests $80,000 for a 20% interest in a partnership in which he is a material participant. The partnership incurs a loss with $100,000 being Wang’s share. Which of the following statements is incorrect? a. Since Wang has only $80,000 of capital at risk, he cannot deduct any more than this amount against his other income. b. Wang’s nondeductible loss of $20,000 can be carried over and used in future years (subject to the at-risk provisions). c. If Wang has taxable income of $40,000 from the partnership in 2023 and there are no other transactions that affect his at-risk amount, he can use all of the $20,000 loss carried over from 2022. d. Wang’s $100,000 loss is nondeductible in 2022 and 2023 under the passive activity loss provisions.

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Chap_06_2023 146. Several years ago, Joy acquired a passive activity. Until 2020, the activity was profitable. Joy’s at-risk amount at the beginning of 2020 was $250,000. The activity produced losses of $100,000 in 2020, $80,000 in 2021, and $90,000 in 2022. During the same period, no passive activity income was recognized. How much is suspended under the at-risk rules and the passive activity loss rules at the beginning of 2023? At-risk

Passive activity loss

a. $0. b. $20,000. c. $30,000. d. $260,000.

$270,000. $250,000. $240,000. $10,000.

147. When Kate died, she owned a passive activity with an adjusted basis of $100,000. Its fair market value at that date is $130,000. Suspended losses relating to the property were $45,000. a. The heir’s adjusted basis is $130,000, and Kate’s final deduction is $15,000. b. The heir’s adjusted basis is $130,000, and Kate’s final deduction is $45,000. c. The heir’s adjusted basis is $100,000, and Kate’s final deduction is $45,000. d. The heir’s adjusted basis is $175,000, and Kate has no final deduction. 148. Kalani had adjusted gross income of $60,000 in 2022. During the year, her personal use summer home was damaged by a fire. Pertinent data with respect to the home follows: Cost basis Value before the fire Value after the fire Insurance recovery

$260,000 400,000 100,000 270,000

Kalani had an accident with her personal use car. As a result of the accident, she was cited with reckless driving and willful negligence. Pertinent data with respect to the car follows: Cost basis Value before the accident Value after the accident Insurance recovery

$80,000 56,000 20,000 18,000

What is Kalani’s itemized casualty loss deduction? a. $0 b. $2,000 c. $17,000 d. $18,000

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Chap_06_2023 149. Last year, Ted invested $100,000 for a 50% interest in a partnership in which he was a material participant. The partnership incurred a loss, and Ted’s share was $150,000. Which of the following statements is incorrect? a. Ted’s nondeductible loss of $50,000 can be carried over and used in the future (subject to the at-risk provisions). b. If Ted has taxable income of $50,000 from the partnership in the current year and no other transactions that affect his at-risk amount, he can use all of the $50,000 loss carried over. c. Since Ted has only $100,000 of capital at risk, he cannot deduct more than $100,000 against his other income. d. None of these is incorrect. 150. On July 20, 2019, Matt (who files a joint return) purchased 3,000 shares of Orange Corporation stock (the stock is § 1244 small business stock) for $24,000 from a friend. On November 10, 2021, Matt purchased an additional 1,000 shares of Orange Corporation stock from another friend for $150,000. On September 15, 2022, Matt sold the 4,000 shares of stock for $120,000. How should Matt treat the sale of the stock on his 2022 return? a. $54,000 STCL. b. $100,000 ordinary loss; $46,000 net capital gain. c. $100,000 ordinary loss; $20,000 STCL. d. $130,000 ordinary loss; $66,000 LTCG. Match the term with the correct response. More than one response may be correct. a. Taxpayer devotes time aggregating more than 500 hours in all significant participation activities during the year. b. Taxpayer participates in making management decisions in a significant and bonafide sense. c. It is one in which the individual’s participation equals more than 100 hours during the year. d. Taxpayer devotes time in the activity, which constitutes substantially all of the participation in the activity of all individuals. e. Both options a. and d. are correct. f. No correct choice is given. 151. Significant participation activity. 152. At-risk amount. 153. Material participation. 154. Active participation.

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Chap_06_2023 Match the treatment for the following types of transactions. a. The losses are allowed in the years in which gain is recognized. b. Suspended losses are allowed to offset the income from the activity, other passive activities, or active income. c. Suspended losses are allowed to the taxpayer to the extent that they exceed the amount, if any, of the step-up in basis allowed. d. Any suspended losses may be used in the current year. e. The suspended losses are added to the basis of the property. f. No correct choice is given. 155. Treatment of a disposition of a passive activity by gift. 156. Treatment of a disposition of a passive activity at death. 157. Treatment of an installment sale of a passive activity. 158. Treatment of a sale of a passive activity for which all of the realized gain or loss is recognized currently. 159. Treatment of suspended credits when passive activity is sold at a loss. 160. Malik, a life insurance salesman, earns a $400,000 salary in the current year. Because he works only 30 hours per week in this job, he has time to participate in several other businesses. He owns an ice cream parlor and a car repair shop in Tampa. He also owns an ice cream parlor and a car repair shop in Portland and a car repair shop in St. Louis. A preliminary analysis on December 1 of the current year shows projected income and losses for the various businesses as follows:

Tampa ice cream parlor (95 hours participation) Tampa car repair shop (140 hours participation) Portland ice cream parlor (90 hours participation) Portland car repair shop (170 hours participation) St. Louis car repair shop (180 hours participation)

Income (Loss) $56,000 (89,000) 34,000 (41,000) (15,000)

Malik has full-time employees at each of the five businesses listed above. Review all possible groupings for Malik’s activities. Which grouping method and other strategies should Malik consider that will provide the greatest tax advantage?

161. Lindsey, an attorney, earns $125,000 from her law practice in the current year. In addition, she receives $50,000 in dividends and interest during the year. Further, she incurs a loss of $40,000 from an investment in a passive activity. What is Lindsey’s AGI for the year after considering the passive investment?

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Chap_06_2023 162. In 2021, Naomi earns a salary of $200,000 and invests $40,000 for a 20% interest in a partnership not subject to the passive activity loss rules. Through the use of $800,000 of nonrecourse financing, the partnership acquires assets worth $1 million. The activity produces a loss of $150,000 of which Naomi’s share is $30,000. In 2022, Naomi’s share of the loss from the partnership is $15,000. How much of the loss from the partnership can Naomi deduct?

163. Jasmine reports the following items for 2022: ∙ Loss on rental property caused by termites—$110,000. Insurance covered 80% of the loss. ∙ Loss on personal use automobile—$10,000. The insurance policy does not cover the first $3,000 of loss. Jasmine decided not to file a claim for the loss. ∙ Loss on a painting stolen from Jasmine’s house. She purchased the painting three years ago as an investment for which she paid $40,000. It was worth $35,000 at the time of the theft. The painting was insured for the fair market value. ∙ Salary—$40,000. Determine Jasmine’s AGI and total amount of itemized deductions for 2022.

164. Maria, who is single, reports the following items for 2022: Salary

$80,000

Loss on sale of § 1244 small business stock acquired three years ago

(60,000)

Stock acquired two years ago became worthless during the year

(5,000)

Long-term capital gain

25,000

Nonbusiness bad debt

(15,000)

Federal disaster area casualty loss on property held six months

(6,000)

Federal disaster area casualty gain on property held four years

4,000

Determine Maria’s adjusted gross income for 2022.

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Chap_06_2023 165. Anne sells a rental house for $300,000 (adjusted basis of $255,000). During her ownership, $60,000 of losses have been suspended under the passive activity loss rules. Determine the tax treatment to Anne on the disposition of the property.

166. Ken has a $40,000 loss from an investment in a partnership in which he does not materially participate. He paid $30,000 for his interest. How much of the loss is disallowed by the at-risk rules? How much is disallowed by the passive activity loss rules?

167. While Maddie was on vacation during the current year, someone broke into her home and stole the following items: ∙

∙ ∙ ∙

A computer used 60% in connection with Maddie as an employee and 40% for her personal use. The cost of the computer was $8,000. Depreciation of $3,000 had been taken on the computer and it had a fair market value of $4,000 at the time of the theft. A painting that Maddie purchased as an investment for $10,000 had a fair market value of $17,000. Silverware purchased for $3,000 had a fair market value of $5,000. Cash of $30,000.

Maddie’s adjusted gross income, before considering any of these items, is $60,000. Determine the total amount of her itemized deductions resulting from the theft.

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Chap_06_2023 168. Tonya reports the following items for last year: Salary

$40,000

Short-term capital gain

12,000

Nonbusiness bad debt

(23,000)

Long-term capital gain

8,000

For the current year, Tonya reports the following items: Salary

$45,000

Collection of last year’s bad debt

23,000

Determine Tonya’s adjusted gross income for the current year.

169. Orange Corporation, a closely held (nonpersonal service) C corporation, earns active income of $300,000 in the current year. The corporation also receives $35,000 in dividends and incurs a loss of $50,000 from an investment in a passive activity. What is Orange’s income for the year after considering the passive investment?

170. In the current year, Lucile, who is single and has AGI of $90,000 before considering rental activities, is active in three separate real estate rental activities and is in the 22% tax bracket. She had $15,000 of losses from Activity A, $25,000 of losses from Activity B, and income of $20,000 from Activity C. She also had $3,100 of tax credits from Activity A. Calculate her deductions and credits currently allowed and the suspended losses and credits.

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Chap_06_2023 171. Neal, single and age 37, reports the following items for 2022: Salary Casualty loss on business property Casualty loss on rental property

$50,000 (8,000) (5,000)

Federal disaster area personal casualty gains Federal disaster area personal casualty losses (after $100 floor) Interest expense and taxes on personal residence

3,000 (12,000) (11,700)

Determine Neal’s taxable income for 2022.

172. Last year, Wanda gave her daughter a passive activity (adjusted basis of $80,000; fair market value of $160,000) with suspended losses of $20,000. In the current year, her daughter realizes income of $10,000 from the activity. What are the tax effects to Wanda and her daughter?

173. Jose, single, reports the following items for 2022: Salary § 1244 loss on stock acquired 3 years ago § 1244 gain on stock acquired 10 months ago Worthless security purchased in June of last year Nonbusiness bad debt Interest income

$44,000 (70,000) 26,000 (4,000) (7,000) 8,000

Compute Jose’s adjusted gross income for 2022.

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Chap_06_2023 174. Vail owns interests in a beauty salon, a natural foods store, and a tanning salon. Several full-time employees work at each of the enterprises. As of the end of November of the current year, Vail has worked 180 hours in the beauty salon, 220 hours at the natural foods store, and 80 hours at the tanning salon. These three ventures collectively will produce income. Vail also owns one other passive activity that is producing a loss (a limited partnership in which she has reported no participation). How should Vail plan her activities for the remainder of the year?

175. Roger, an individual, owns a proprietorship Green Options. For 2022, Roger reports the following items: ∙ Business income—$200,000. ∙ Business expense—$150,000. ∙ Loss on a completely destroyed business machine. The machine had an adjusted basis of $25,000 and a fair market value of $20,000. ∙ Loss on a business truck. The truck had an adjusted basis of $8,000. The repairs to fix the truck cost $10,000. Determine Roger’s adjusted gross income for 2022.

176. Mike, single, age 31, reports the following items for 2022: Salary

$50,000

Nonbusiness bad debt

(6,000)

Casualty Asset A (personal use property held for two years)—gain

3,000

Dividends

2,000

Interest expense on personal residence

10,000

Compute Mike’s taxable income for 2022.

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Chap_06_2023 177. Hugh has four passive activities that generate the following income and losses in the current year. Activity A B C D Total

Gain (Loss) ($60,000) (20,000) (10,000) 10,000 ($80,000)

How much of the $80,000 net passive activity loss can Hugh deduct this year? Calculate the suspended losses (by activity).

178. Gary, who is an employee of Red Corporation, reports the following items for 2022: Salary Federal disaster area personal casualty gain Federal disaster area personal casualty loss from one event (before the $100 floor) Loss on rental property Theft of bonds Unreimbursed loss from theft of a computer used 100% for business as an employee

$80,000 7,000 (15,000) (6,000) (18,000) (4,000)

Determine Gary’s AGI and total amount of itemized deductions for 2022.

179. During the current year, Ryan performs personal services as follows: 700 hours in his management consulting practice, 650 hours in a real estate development business, and 550 hours in an apartment leasing operation. He expects that losses will be realized from the two real estate ventures and his consulting practice will show a profit. Ryan files a joint return with his spouse whose salary is $125,000. Discuss the character and treatment of the income and losses generated by these activities.

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Chap_06_2023 180. Purple Corporation, a personal service corporation, earns active income of $600,000. The corporation receives $60,000 in dividends and incurs a loss of $100,000 from an investment in a passive activity acquired three years ago. What is Purple’s income after considering the passive investment?

181. Pat sells a passive activity for $100,000 that has an adjusted basis of $55,000. During the years of her ownership, $60,000 of losses have been incurred that were suspended under the passive activity loss rules. In addition, the passive activity generated tax credits of $10,000 that were not utilized and suspended. Determine the tax treatment to Pat on the disposition of the property.

182. In 2022, Emily invests $120,000 in a limited partnership that is not a passive activity. During 2022, her share of the partnership loss is $90,000. In 2023, her share of the partnership loss is $50,000. How much can Emily deduct in 2022 and 2023?

183. When a taxpayer disposes of a passive activity by gift, what happens to any unused passive activity losses?

184. Identify the factors that should be considered in determining whether a transaction is a business bad debt or a nonbusiness bad debt.

185. What special passive activity loss treatment is available to real estate activities?

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Chap_06_2023 186. Discuss the treatment given to suspended passive activity losses and credits. What happens to an activity’s unused losses and credits when the activity is sold?

187. Discuss the tax treatment of unreimbursed losses of an employee in connection with a trade or business.

188. Describe the types of activities and taxpayers that are subject to the at-risk rules.

189. A taxpayer who sustains a casualty loss in an area designated by the President of the United States as a disaster area may take the loss in the year in which the loss occurred or elect to take the loss in the previous year. Identify factors that should be considered in deciding in which year to take the loss.

190. Identify how the passive activity loss rules broadly classify various types of income and losses. Provide examples of each category.

191. List the taxpayers that are subject to the passive activity loss rules and summarize the general impact of these rules on these taxpayers.

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Chap_06_2023 Answer Key 1. False 2. True 3. True 4. False 5. True 6. True 7. False 8. False 9. False 10. False 11. True 12. False 13. True 14. True 15. False 16. False 17. False 18. True 19. False 20. False 21. False 22. True 23. False 24. False 25. True 26. True

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Chap_06_2023 27. False 28. False 29. True 30. False 31. False 32. True 33. True 34. True 35. True 36. False 37. False 38. False 39. True 40. False 41. False 42. True 43. True 44. True 45. False 46. False 47. False 48. False 49. False 50. True 51. True 52. False 53. True 54. False Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 55. True 56. False 57. True 58. True 59. True 60. False 61. True 62. True 63. True 64. True 65. False 66. False 67. True 68. False 69. False 70. False 71. False 72. False 73. False 74. False 75. False 76. False 77. True 78. True 79. False 80. True 81. True 82. True Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 83. False 84. False 85. b 86. c 87. a 88. c 89. d 90. d 91. c 92. d 93. b 94. a 95. d 96. a 97. a 98. d 99. b 100. d 101. d 102. c 103. d 104. d 105. b 106. c 107. b 108. d 109. d 110. d Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 111. a 112. b 113. c 114. d 115. c 116. b 117. c 118. a 119. b 120. c 121. b 122. c 123. d 124. d 125. d 126. a 127. b 128. c 129. a 130. d 131. a 132. a 133. b 134. a 135. a 136. b 137. a

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Chap_06_2023 138. d 139. d 140. a 141. a 142. d 143. d 144. c 145. d 146. b 147. a 148. a 149. d 150. a 151. c 152. f 153. e 154. b 155. e 156. c 157. a 158. d 159. f

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Chap_06_2023 160. The basic issue relates to how the car repair shops and ice cream parlors should be grouped under the passive activity rules to maximize the tax benefit to Malik. The $400,000 salary is active income. If the participation levels stay the same in the ice cream parlor and car repair shop businesses, all profits and losses will be passive, assuming each location is a separate activity. As a result, a net passive activity loss of $55,000 ($89,000 loss + $41,000 loss + $15,000 loss – $56,000 profit – $34,000 profit) would be suspended and not be available to offset his salary. To mitigate this result, three options should be considered. Option 1 is based on the significant participation activity rule. If all of the businesses are treated as separate activities, Malik would not be considered a material participant, even under the significant participation activity rule. Under the significant participation activity rule, the car repair shops would be considered significant activities, but the ice cream parlors would not. But even with the car repair shops, the total participation is not expected to exceed the more-than-500 hour threshold (140 + 170 + 180 = 490). If Malik could participate 11 more hours in any of the car repair shop businesses, they would be treated as active and the net loss from the car repair shops of $145,000 ($89,000 + $41,000 + $15,000) could be offset against his salary. Further, if Malik does not participate any more in the other ice cream parlor businesses, their combined $90,000 of income will be reported as passive activity income. This characterization as passive could be helpful if Malik were to acquire additional businesses in the future that produce passive activity losses. Under option 2, both the ice cream parlor and car repair shop businesses could be combined as a “single activity” based on common ownership. Because Malik has participated more than 500 hours in the five businesses, the net loss of $55,000 would be considered active and could be used to offset his salary. Option 3 would combine the car repair shops as one activity based on product and the ice cream parlors would be treated as a separate activity based on product. As with option 1, if Malik could participate 11 more hours in any of the car repair shop businesses, they would be treated as active, and the net loss of $145,000 ($89,000 + $41,000 + $15,000) could be offset against his salary. Also, he could treat the ice cream parlors as a single business and the net income would be passive, which could be helpful in the future if other passive ventures would be acquired. 161. Lindsey cannot deduct the passive activity loss against active or portfolio income. Her AGI after considering the passive investment is $175,000 ($125,000 active income + $50,000 portfolio income). 162. Naomi has $40,000 at risk at the end of 2021 and can deduct the $30,000 loss in that year. This decreases her at-risk amount to $10,000. Consequently, at the end of 2022, she can deduct only $10,000 of the $15,000 loss. 163. Salary

$40,000

Loss on rental property [(80% × $110,000) – $110,000]

(22,000)

Adjusted gross income

$18,000

Casualty loss (not allowed; not a result of a disaster)

$-0-

Loss on stolen painting ($40,000 – $35,000)

5,000

Total itemized deductions

$5,000*

* Jasmine would use the single standard deduction.

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Chap_06_2023 164. Salary

$80,000

Ordinary loss from § 1244 stock Capital gains and losses Long-term capital gain ($25,000 + $4,000) Less: Long-term capital loss [($60,000 – $50,000) + $5,000]

(50,000) $ 29,000 (15,000)

Net long-term capital gain

$ 14,000

Less: Short-term capital loss ($15,000 + $6,000*)

(21,000)

Net capital loss (limited to $3,000)

(7,000)

Adjusted gross income

(3,000) $27,000

*Casualty losses to the extent of casualty gains.

165. Because Anne disposes of her entire interest in the passive activity, she is able to fully recognize the suspended losses. By utilization of the $60,000 suspended loss, a deductible loss of $15,000 results. Net sales price Less: Adjusted basis Total gain Less: Suspended losses Deductible (nonpassive activity) loss

$300,000 (255,000) $ 45,000 (60,000) ($ 15,000)

166. The at-risk limits disallow $10,000 of the deduction ($40,000 loss – $30,000 at risk). Ken is not a material participant, so the remaining $30,000 is disallowed by the passive activity loss rules. 167. Painting loss (investment property) Casualty losses (not allowed; not a result of a Federally declared disaster) Total itemized deductions

$10,000 -0$10,000

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Chap_06_2023 168. Salary

$45,000

Income under tax benefit rule

23,000

AGI

$68,000

Income on collection of nonbusiness bad debt (classified as STCL) to the extent of tax benefit in the prior year ($20,000 offset against capital gain and $3,000 offset against ordinary income).

$23,000

169. A closely held (nonpersonal service) C corporation can offset passive activity losses against active but not portfolio income. Orange’s income is $285,000 [($300,000 active income – $50,000 passive activity loss) + $35,000 portfolio income]. 170. Lucile can utilize $20,000 of losses and $1,100 of credits under the real estate rental activities exception as follows: Income (Loss):

Activity A Activity B Activity C

Net loss Utilized loss Suspended loss

($15,000) (25,000) 20,000 ($20,000) 20,000 $ –0–

Utilized credit

$ 1,100

Suspended credit

$ 2,000

After deducting the $20,000 loss, Lucile has an available deduction equivalent of $5,000 [$25,000 (maximum loss allowed) – $20,000 (utilized loss)]. Then the maximum amount of credits Lucile may claim is $1,100 [$5,000 deduction equivalent × 0.22 (marginal tax bracket)] that is allocated to Activity A. The balance of the credits from Activity A ($2,000) are suspended.

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Chap_06_2023 171. Salary Casualty loss on business property Casualty loss on rental property Personal casualty gains Personal casualty losses AGI Less:

$50,000 (8,000) (5,000) $3,000 (3,000)

–0– $37,000

Itemized deductions Casualty loss ($12,000 – $3,000)

$9,000

Less: 10% × $37,000 (AGI)

(3,700)

Casualty loss deduction

$5,300

Interest and taxes

11,700 (17,000)

Taxable income

$20,000

172. Wanda loses the suspended losses of $20,000 but they are added to the basis of the gifted property. Wanda may or may not have to pay gift taxes, depending on the value of other gifts she has given during her lifetime. Wanda’s daughter can add the suspended losses to the basis in the property but she cannot apply them against the income received. 173. Salary Ordinary loss from § 1244 stock Interest income Short-term capital gain $26,000 Short-term capital loss (7,000) Net short-term capital gain Long-term loss from § 1244 stock ($70,000 – $50,000) ($20,000) Worthless security (4,000) Net long-term capital loss Limit (only $2,000 is needed to reduce AGI to zero) Adjusted gross income

$44,000 (50,000) 8,000

$19,000

(24,000) ($ 5,000) (2,000) $ –0–

174. If Vail spends an additional 21 hours in the tanning salon activity, she has participated more than 500 hours in all of her significant participation activities. Consequently, she is considered a material participant in the ventures, and the resulting active income is not available to absorb the passive activity loss generated by the limited partnership. As a result, Vail should avoid devoting additional time to the ventures. Instead, she should plan to fail the material participation standard to keep the income classified as passive. Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 175. Business income Business expense Loss on business machine Loss on business truck Adjusted gross income

$200,000 (150,000) (25,000) (8,000) $ 17,000

176. Salary

$50,000

Dividends

2,000

Casualty gain (long-term capital gain)

$3,000

Nonbusiness bad debt (short-term capital loss)

(6,000)

Net short-term capital loss

(3,000)

Adjusted gross income

$49,000

Less: Standard deduction

(12,950)

Taxable income

$36,050

177. None. The suspended losses of $80,000 are allocated as follows: Activity A $60,000/$90,000 × $80,000

Suspended Loss $53,333

B $20,000/$90,000 × $80,000

17,778

C $10,000/$90,000 × $80,000 Total suspended loss

8,889 $80,000

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Chap_06_2023 178. Salary Loss on rental property Personal casualty gain Personal casualty loss Adjusted gross income

$80,000 (6,000) 7,000 (7,000) $74,000

Personal casualty loss ($15,000 – $7,000) Less: $100 floor 10% × $74,000 (AGI)

$ 8,000 (100) (7,400) $ 500 18,000 -0-

Theft of bonds Theft of computer (not allowed; miscellaneous itemized deduction) Total itemized deductions

$18,500

179. Ryan is considered a material participant in all three ventures, so the income and loss from these operations will be fully reflected on his income tax return. The losses from the rental real estate activity will not be subject to the passive activity loss rules because Ryan is a real estate professional (more than 50% of his personal services were devoted to real property trades or businesses in which he is a material participant, and this participation exceeded 750 hours). As a result, Ryan is allowed to apply a material participation test to the rental real estate. He meets the over 500 hours material participation test for this rental activity. Given this outcome, the losses from these activities can offset the income from his management consulting practice and his spouse’s salary. 180. A personal service corporation cannot offset passive activity losses against active or portfolio income. Purple’s income is $660,000 ($600,000 active income + $60,000 dividend income). The $100,000 passive activity loss is suspended. 181. Because Pat disposes of her entire interest in the passive activity, she is able to recognize fully the losses that had been suspended during the years of her ownership. With the current utilization of the $60,000 suspended loss, a net deductible loss of $15,000 results, which is treated as a loss that is not from a passive activity. However, the suspended credits are lost and may not be used. The tax credits are allowed on dispositions only when there is sufficient tax on the disposition (i.e., due to a gain) to absorb them. Net sales price Less: Adjusted basis Total gain Less: Suspended losses Deductible loss

$100,000 (55,000) $ 45,000 (60,000) ($ 15,000)

182. Although the passive activity loss rules do not apply, the at-risk rules limit Emily’s deductions. She can deduct $90,000 in 2022 and her at-risk amount will be reduced to $30,000 ($120,000 – $90,000 deducted). She will be limited to a $30,000 deduction in 2023 unless she increases her amount at risk. For example, if Emily invests an additional $20,000 in 2023, her at-risk amount would be $50,000 ($30,000 balance + $20,000 additional investment), and she would be able to deduct the entire $50,000 loss in 2023. Copyright Cengage Learning. Powered by Cognero.

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Chap_06_2023 183. In a disposition of a taxpayer’s interest in a passive activity by gift, the suspended losses are added to the basis of the property in the hands of the donee. 184. Factors to be considered in determining whether a transaction is a business bad debt or a nonbusiness bad debt are as follows: ∙

Was the debt related to the taxpayer’s business when it was created?

∙

Was the debt related to the taxpayer’s business when it became worthless?

∙

Was the lender engaged in the business of lending money?

∙

Was there a proximate relationship between the creation of the debt and the lender’s business?

185. The special passive activity loss rules available to real estate activities allow the deduction of all or part of real estate rental losses against active or portfolio income even though the activity otherwise is defined as a passive activity. The special rules are available in two situations:

∙

Losses from real estate rental activities are not treated as passive activity losses for certain qualifying real estate professionals who materially participate in the rental real estate activity(ies). Qualifying individuals may deduct up to $25,000 of losses from real estate rental activities against active and portfolio income. The potential annual $25,000 deduction is reduced by 50 percent of the taxpayer’s AGI in excess of $100,000.

186. In general, passive activity losses are deductible to the extent of passive activity income from all of the taxpayer’s current-year passive activities. Passive credits can be utilized only against regular tax attributable to passive activity income. If passive activity losses or credits are not used in the current year, they are carried over indefinitely for potential use in the succeeding years to offset passive income (or regular tax attributable to passive activity income) in those years. An activity’s unused (or suspended) passive activity losses that exist when a taxpayer sells the passive activity may be used to reduce the gain from the sale, or increase the recognized loss. As a result, the suspended passive activity losses are fully utilized in the year of disposition. In contrast, passive activity credits are allowed on dispositions only when there is sufficient tax on passive activity income to absorb them. 187. The loss is a miscellaneous itemized deduction (not deductible from 2018 through 2025). 188. The at-risk provisions limit the deductibility of losses from business and income-producing activities. The provisions apply to individuals and closely held corporations. In the case of an S corporation or a partnership, the at-risk limits apply at the owner level.

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Chap_06_2023 189. Factors that should be considered include:

∙

The marginal tax rates of the two different years.

∙

The adjusted gross incomes of the two different years.

∙

Other casualty losses in the two different years.

∙

The benefits of a faster refund (or reduction of tax).

190. The passive activity loss rules require income and losses to be classified into one of three categories: active, passive, or portfolio. Active income includes salary and wages, profit from a trade or business in which the taxpayer is a material participant, and gain on the sale of assets used in an active trade or business. Portfolio income includes interest, dividends, annuities, and royalties not derived in the ordinary course of a trade or business. The final category, passive activity income or loss, is generated by a passive activity. The following activities are treated as passive: (1) any trade or business or income-producing activity in which the taxpayer does not materially participate and (2) subject to exceptions, all rental activities, whether the taxpayer materially participates or not. 191. The passive activity loss rules apply to individuals, estates, trusts, personal service corporations, and closely held C corporations. Passive activity income or loss from investments held by S corporations or partnerships flows through to the owners and the passive activity loss rules apply at the owner level. For individuals, estates, trusts, and personal service corporations, losses or expenses generated by passive activities can be deducted only to the extent of income from all of the taxpayer’s passive activities. The application of the passive activity loss rules to closely held (nonpersonal service) C corporations is slightly different: these taxpayers may use passive activity losses to offset active income but not portfolio income. Any unused passive activity losses are suspended and carried forward to future years to offset passive activity income generated in those years. Otherwise, suspended activity losses may be used when a taxpayer disposes of the entire interest in an activity.

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Chap_07_2023 Indicate whether the statement is true or false. 1. A building located in Virginia (used in business) exchanged for a building located in France (used in business) cannot qualify for like-kind exchange treatment. a. True b. False 2. An involuntary conversion results from the destruction (complete or partial), theft, seizure, requisition or condemnation, or the sale or exchange under threat or imminence of requisition or condemnation of the taxpayer’s property. a. True b. False 3. If a taxpayer exchanges like-kind property and assumes a liability associated with the property received, the taxpayer is considered to have received boot in the transaction. a. True b. False 4. If Wal-Mart stock increases in value during the tax year by $6,000, the amount realized is $6,000. a. True b. False 5. Matt, who is single, sells his principal residence, which he has owned and occupied for five years, for $435,000. The adjusted basis is $140,000 and the selling expenses are $20,000. Three days after the sale, he purchases another residence for $385,000. Matt’s recognized gain is $25,000 and his basis for the new residence is $385,000. a. True b. False 6. Realized gain or loss is measured by the difference between the amount realized from the sale or other disposition of property and the property’s adjusted basis at the date of disposition. a. True b. False 7. An exchange of two items of personal property (personalty) that belong to different general business asset classes qualifies for nonrecognition as a like-kind exchange if both properties are used in the taxpayer’s trade or business. a. True b. False 8. A loss from the sale of a personal use asset that would be disallowed cannot be recognized even if the taxpayer converts the asset to business use prior to its sale. a. True b. False

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Chap_07_2023 9. If boot is received in a like-kind exchange, the recognized gain cannot exceed the realized gain. a. True b. False 10. Wyatt sells his principal residence in December 2022 and qualifies for the § 121 exclusion. He sells another principal residence in November 2023. Under no circumstance can Wyatt qualify for the § 121 exclusion on the sale of the second residence. a. True b. False 11. The holding period for nontaxable stock dividends that are the same type (i.e., common on common) includes the holding period of the original shares, but the holding period for nontaxable stock dividends that are not the same type (i.e., preferred on common) is new and begins on the date the dividend is received. a. True b. False 12. The nonrecognition of gains and losses for like-kind exchanges is mandatory for gains and elective for losses. a. True b. False 13. The basis of inherited property usually is its fair market value on the date of the decedent’s death. a. True b. False 14. The maximum amount of the § 121 gain exclusion on sale of a principal residence is $250,000 for a single individual and $500,000 for a married couple. a. True b. False 15. The adjusted basis of an asset is the original cost (or basis) plus capital recoveries less capital additions. a. True b. False 16. The amount of the loss basis of a gift will differ from the amount of the gain basis only if at the date of the gift the adjusted basis of the property exceeds the property’s fair market value. a. True b. False 17. Manuel purchases land and a factory building for his business for $300,000 with $100,000 being allocated to the land. During the first year, Manuel deducts cost recovery of $4,922. The adjusted basis for the building at the end of the first year is $195,078 ($200,000 – $4,922). a. True b. False

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Chap_07_2023 18. The basis of property acquired in a wash sale is its cost plus the loss not recognized on the wash sale. a. True b. False 19. Reggie owns all the stock of Amethyst, Inc. (adjusted basis of $100,000). If he receives a distribution from Amethyst of $90,000 and corporate earnings and profits are $15,000, Reggie reports a capital gain of $5,000 and takes an adjusted basis for his Amethyst stock of $0. a. True b. False 20. To qualify for the § 121 exclusion, the property must have been used by the taxpayer for the five years preceding the date of sale and owned by the taxpayer as the principal residence for the last two of those years. a. True b. False 21. At one point in time, a taxpayer can have two principal residences for § 121 exclusion purposes. a. True b. False 22. Broker’s commissions, legal fees, and points paid by the seller reduce the seller’s amount realized. a. True b. False 23. Casualty losses and condemnation losses on the involuntary conversion of a personal residence receive the same tax treatment. a. True b. False 24. The taxpayer must elect to have the exclusion of gain under § 121 (sale of principal residence) apply. a. True b. False 25. Lump-sum purchases of land and a building are allocated on the basis of the relative fair market values of the individual assets acquired. a. True b. False 26. Gains and losses on nontaxable exchanges are deferred because the tax law recognizes that nontaxable exchanges result in a change in the substance but not the form of the taxpayer’s relative economic position. a. True b. False 27. If the buyer assumes the seller’s liability on the property acquired, the seller’s amount realized is decreased by the amount of the liability assumed. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_07_2023 28. The basis of boot received in a like-kind exchange is its fair market value unless the realized gain is a smaller amount. a. True b. False 29. Section 1033 (nonrecognition of gain from an involuntary conversion) applies to both gains and losses. a. True b. False 30. In general, the amount realized from a sale of property does not include any liability assumed by the buyer. a. True b. False 31. Wade is a salesman for a real estate development company. Because he is the “salesperson of the year,” he is permitted to purchase a lot from the developer for $90,000. The fair market value of the lot is $150,000 and the developer’s adjusted basis is $100,000. Wade must recognize a gain of $10,000 ($100,000 developer’s adjusted basis – $90,000 cost to Wade), and his adjusted basis for the lot is $100,000 ($90,000 cost + $10,000 recognized gain). a. True b. False 32. Parker bought a brand new Ferrari on January 1, for $125,000. Parker was fatally injured in an auto accident on June 23, when the fair market value of the car was $105,000. Parker was driving a loaner car from the Ferrari dealership while his car was being serviced. In his will, Parker left the Ferrari to his best friend, Ryan. Ryan’s holding period for the Ferrari begins on January 1. a. True b. False 33. A taxpayer who has purchased several lots of stock on different dates at different purchase prices and cannot identify the lot of stock that is being sold should use either a weighted average approach or a LIFO approach. a. True b. False 34. Stuart owns land with an adjusted basis of $190,000 and a fair market value of $500,000. If the property is going to be given to Stuart’s nephew, Alex, it is preferable for Federal income tax purposes for the transfer to be by inheritance rather than by gift. a. True b. False 35. The exchange of unimproved real property located in Topeka, KS, for improved real property located in Atlanta, GA, does not qualify as a like-kind exchange. a. True b. False

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Chap_07_2023 36. If a husband inherits his deceased wife’s share of jointly owned property in a common law state, both the husband’s original share and the share inherited from the deceased wife are stepped-up or down to the fair market value at the date of the wife’s death. a. True b. False 37. In a nontaxable exchange, recognition is postponed. In a tax-free transaction, nonrecognition is permanent. a. True b. False 38. In a nontaxable exchange, the replacement property is assigned a carryover basis if there is a realized gain but receives a new basis if there is a realized loss. a. True b. False 39. Nontaxable stock dividends result in no change to the total basis of the old and new stock, but the basis per

share decreases. a. True b. False 40. When boot in the form of cash is given in a like-kind exchange, recognized gain is the greater of the boot or the realized gain. a. True b. False 41. Ben sells stock (adjusted basis of $25,000) to his son, Ray, for its fair market value of $15,000. Ray gives the stock to his daughter, Trish, who subsequently sells it for $26,000. Ben’s recognized loss is $0 and Trish’s recognized gain is $1,000 ($26,000 – $15,000 – $10,000). a. True b. False 42. The wash sales rules apply to both gains and losses. a. True b. False 43. A taxpayer who sells their principal residence at a realized loss can elect to recognize the loss if a qualified residence is acquired during the statutory time period. a. True b. False 44. Helen purchases a $10,000 corporate bond at a premium of $1,000 and elects to amortize the premium. On the later sale of the bond for $10,800, she has amortized $300 of the premium. Helen reports a recognized gain of $800 ($10,800 amount realized – $10,000 adjusted basis). a. True b. False

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Chap_07_2023 45. Monroe’s delivery truck is damaged in an accident. His adjusted basis for the delivery truck prior to the accident is $20,000. If Monroe receives insurance proceeds of $21,000 and recognizes a casualty gain of $1,000, his adjusted basis for the delivery truck after the accident is $21,000. a. True b. False 46. The basis of property acquired in a bargain purchase is its cost. a. True b. False 47. If losses are disallowed in a related-party transaction, the holding period for the buyer includes the holding period of the seller. a. True b. False 48. Kelly, who is single, sells her principal residence, which she has owned and occupied for eight years, for $375,000. The adjusted basis is $64,000 and selling expenses are $22,000. She purchases another principal residence three months later for $200,000. Her recognized gain is $39,000 and her basis for the new principal residence is $200,000. a. True b. False 49. Dennis, a calendar year taxpayer, owns a warehouse (adjusted basis of $190,000) that is destroyed by a tornado in October 2022. He receives insurance proceeds of $250,000 in January 2023. If before 2025, Dennis replaces the warehouse with another warehouse costing at least $250,000, he can elect to postpone the recognition of any realized gain. a. True b. False 50. The adjusted basis for a taxable bond purchased at a premium is reduced if the amortization election is made. The amount of the amortized premium is treated as an interest deduction. a. True b. False 51. The taxpayer owns stock with an adjusted basis of $15,000 and a fair market value of $8,000. If the stock or cash is going to be given to her niece, it is preferable for the taxpayer to sell the stock and give the $8,000 cash to her niece. a. True b. False 52. Gene purchased for $45,000 an SUV that he uses 100% for personal purposes. When the SUV is worth $30,000, he contributes it to his business. The gain basis is $45,000, the loss basis is $30,000, and the basis for cost recovery is $45,000. a. True b. False

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Chap_07_2023 53. The basis for depreciation on depreciable gift property received is the donor’s adjusted basis of the property at the date of the gift (assuming no gift taxes are paid). The rule applies regardless of whether the fair market value at the date of the gift is greater than or less than the donor’s adjusted basis. a. True b. False 54. Shari exchanges an office building in New Orleans (adjusted basis of $700,000) for an apartment building in Baton Rouge (fair market value of $900,000). In addition, she receives $100,000 of cash. Shari’s recognized gain is $100,000 and her basis for the apartment building is $800,000 ($700,000 adjusted basis + $100,000 recognized gain). a. True b. False 55. If a taxpayer reinvests the net proceeds (amount received minus related expenses) received in an involuntary conversion in qualifying replacement property within the statutory time period, it is possible to defer the recognition of the realized gain. a. True b. False 56. If a seller assumes the buyer’s liability on the property acquired, the buyer’s adjusted basis for the property is increased by the amount of the liability assumed. a. True b. False 57. Terry exchanges real estate (acquired on August 25, 2016) held for investment for other real estate to be held for investment on September 1, 2022. None of the realized gain of $10,000 is recognized, and Terry’s adjusted basis for the new real estate is a carryover basis of $80,000. Consequently, Terry’s holding period for the new real estate begins on August 25, 2016. a. True b. False 58. The basis for gain and loss of personal use property converted to business use is the lower of the adjusted basis or the fair market value on the date of conversion. a. True b. False 59. Expenditures made for ordinary repairs and maintenance of property are not added to the original basis in the determination of the property’s adjusted basis, whereas capital expenditures are added to the original basis. a. True b. False 60. The terms “realized gain” and “recognized gain” can be used interchangeably; they mean the same thing. a. True b. False

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Chap_07_2023 61. Bria’s office building (basis of $225,000 and fair market value $275,000) is destroyed by a hurricane. Bria receives insurance proceeds of $192,500 two months after the date of the loss. One month later, Bria uses the insurance proceeds and other funds to purchase a new office building for $275,000. Her adjusted basis for the new building is $307,500 ($275,000 cost + $32,500 postponed loss). a. True b. False 62. Abby exchanges an SUV that she has held for personal use plus $24,000 for a new SUV that she will use exclusively in her business. This is a qualified like-kind exchange. a. True b. False 63. A realized gain on the sale or exchange of a personal use asset is recognized, but a realized loss on the sale, exchange, or condemnation of a personal use asset is not recognized. a. True b. False 64. Sidney, a calendar year taxpayer, owns a building (adjusted basis $450,000) in Columbus, OH, in which he conducts his retail computer sales business. The building is destroyed by fire on December 12, 2022, and two weeks later he receives insurance proceeds of $600,000. Due to family ties, Sidney decides to move to Columbia, SC. He reinvests all of the insurance proceeds in a building in Columbia where he opens a retail computer sales business on April 2, 2023. By electing § 1033, Sidney incurs a zero recognized gain and takes a basis in the new building of $450,000 ($600,000 cost – $150,000 postponed gain). a. True b. False 65. To qualify as a like-kind exchange, real property must be exchanged either for other real property or for personal property. a. True b. False 66. Transactions between related parties that result in disallowed losses might later provide a tax benefit to the related party buyer. a. True b. False 67. Deidra has owned and occupied her principal residence for 10 years. Two and one-half years ago, she married Doug, who moved into her house. Doug never owned a home. When Deidra is transferred to another city, she sells the house at a realized gain of $425,000. Deidra can exclude the realized gain of $425,000 from her gross income under § 121 if she and Doug file a joint return. a. True b. False

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Chap_07_2023 68. Kendra owns a home in Atlanta. Her company transfers her to Chicago on January 2, 2022, and she sells the Atlanta house in early February 2022. She purchases a residence in Chicago on February 3, 2022. On December 15, 2022, Kendra’s company transfers her to Los Angeles. In January 2023, she sells the Chicago residence and purchases a residence in Los Angeles. Because multiple sales have occurred within a two-year period, § 121 treatment does not apply to the sale of the second home. a. True b. False 69. Lola owns land as an investor. She exchanges the land for a warehouse that she leases to a tenant who uses it to store his business inventory. The exchange qualifies for like-kind exchange treatment. a. True b. False 70. If boot is received in a like-kind exchange that results in some of the realized gain being recognized, the holding period for both the like-kind property and the boot received begins on the date of the exchange. a. True b. False 71. If the fair market value of the property on the date of death is greater than on the alternate valuation date, the use of the alternate valuation amount is mandatory. a. True b. False 72. If the recognized gain on an involuntary conversion equals the realized gain because of a reinvestment deficiency, the basis of the replacement property will be more than its cost (cost plus realized gain). a. True b. False 73. Purchased goodwill is assigned a basis equal to cost, which is calculated using the residual method associated with the purchase of a business. a. True b. False 74. The amount of a corporate distribution qualifying for capital recovery treatment that exceeds the shareholderrecipient’s basis in the stock investment is treated as a capital gain. a. True b. False 75. If an election to postpone gain under § 1033 is made, the holding period of replacement property includes the holding period of the involuntarily converted property. a. True b. False 76. The holding period for property acquired by gift is automatically long term. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_07_2023 77. Cole exchanges an asset (adjusted basis of $15,000; fair market value of $25,000) for another asset (fair market value of $19,000). In addition, he receives cash of $6,000. If the exchange qualifies as a like-kind exchange, his recognized gain is $6,000, and his adjusted basis for the property received is $21,000 ($15,000 + $6,000 recognized gain). a. True b. False 78. The fair market value of property received in a sale or other disposition is the price at which property will change hands between a willing seller and a willing buyer when neither is compelled to sell or buy. a. True b. False 79. Antonio’s building, which houses his retail sporting goods store, is destroyed by a flood. Sandra’s warehouse, which she is leasing to Antonio to store the inventory of his business, which also is destroyed in the same flood. Both Antonio and Sandra receive insurance proceeds that result in a realized gain. Sandra will have less flexibility than Antonio in the type of building in which she can invest the proceeds and qualify for postponement treatment under § 1033 (nonrecognition of gain from an involuntary conversion). a. True b. False 80. In computing the amount realized when the fair market value of the property received cannot be determined, the fair market value of the property surrendered may be used. a. True b. False 81. Realized losses from the sale or exchange of stock are disallowed if within 30 days before or 30 days after the sale or exchange, the taxpayer acquires substantially identical stock. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 82. Mary sells her personal use automobile for $20,000. She purchased the car two years ago for $17,000. What is Mary’s recognized gain or loss? It increased in value due to its excellent mileage and high safety ratings. a. $0 b. $3,000 c. $17,000 d. $20,000 83. In determining the basis of like-kind property received, postponed losses are: a. Added to the basis of the old property. b. Subtracted from the basis of the old property. c. Added to the fair market value of the like-kind property received. d. Subtracted from the fair market value of the like-kind property received.

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Chap_07_2023 84. If the taxpayer qualifies under § 1033 (nonrecognition of gain from an involuntary conversion) and the amount reinvested in replacement property exceeds the amount realized, the basis of the replacement property is: a. The cost of the replacement property. b. The fair market value of the involuntarily converted property minus the postponed gain. c. The cost of the replacement property minus the postponed gain. d. The amount realized. 85. Noelle owns an automobile for personal use. Her adjusted basis is $45,000 (i.e., the original cost). The car is worth $22,000. Which of the following statements is correct? a. If Noelle sells the car for $22,000, her realized loss of $23,000 is not recognized. b. If Noelle exchanges the car for another car worth $22,000, her realized loss of $23,000 is not recognized. c. If the car is stolen and it is uninsured, Noelle will not be able to recognize part of her realized loss of $23,000. d. Choices a., b., and c. are correct. 86. Which of the following is correct? a. The gain basis for property received by gift is the lesser of the donor’s adjusted basis or the fair market value on the date of the gift. b. The gain basis for property received by gift is the same as the donor’s basis. c. The gain basis for inherited property is the same as the decedent’s basis. d. The loss basis for inherited property is the lesser of the decedent’s basis or the fair market value on the date of the decedent’s death. 87. Valarie purchases a rental house and land for $180,000 during a depressed real estate market. Appraisals place the value of the house at $140,000 and the land at $60,000 (a total of $200,000). What is Valarie’s basis in the house? a. $126,000. b. $140,000. c. $180,000. d. $200,000. 88. Daniella owns 500 acres of farm land in southeastern Maryland. Her adjusted basis for the land is $480,000 and there is a $400,000 mortgage on the land. She exchanges the land for an office building owned by Chris in Newark, NJ. The building has a fair market value of $900,000. Chris assumes Daniella’s mortgage on the land. What is the amount of Daniella’s recognized gain or loss on the exchange? a. $0 b. $400,000 c. $500,000 d. $820,000

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Chap_07_2023 89. A factory building owned by Amber, Inc. is destroyed by a hurricane. The adjusted basis of the building was $400,000 and the appraised value was $425,000. Amber receives insurance proceeds of $390,000. A factory building is constructed during the nine-month period after the hurricane at a cost of $450,000. What is the recognized gain or loss, and what is the basis of the new factory building? a. $0 and $450,000. b. $0 and $460,000. c. ($10,000) and $440,000. d. ($10,000) and $450,000. 90. A strip along the boundary of Joy’s land is condemned for a utility easement. She receives a payment of $7,500 from the utility company. Her basis in the land is $80,000. Which of the following is correct? a. Joy must include the $7,500 in gross income. b. Joy must reduce the basis of the land by $7,500. c. Joy must include the $7,500 in the gross income and increase the basis of the land by $7,500. d. Only choices a. and c. are correct. 91. Mateo exchanges a rental house at the beach with an adjusted basis of $225,000 and a fair market value of $200,000 for a rental house at the mountains with a fair market value of $180,000 and cash of $20,000. What is the recognized gain or loss? a. $0 b. $20,000 c. ($20,000) d. ($25,000) 92. Which of the following statements is correct? a. The receipt of boot in a like-kind exchange can result in the recognition of gain. b. The receipt of boot in a like-kind exchange cannot result in the recognition of loss. c. The giving of boot in a like-kind exchange can result in the recognition of gain. d. Statements a., b., and c. 93. In October 2022, Ben and Jerry exchange investment realty in a like-kind exchange. Ben bought his real estate in 2011 while Jerry purchased his in 2014. In addition to the realty, Ben receives Pearl, Inc. stock worth $10,000 from Jerry. Ben’s realized gain is $30,000. On what date does the holding period for Ben’s realty received from Jerry begin? When does the holding period for the stock he receives begin? a. 2011, 2022. b. 2011, 2011. c. 2014, 2014. d. 2014, 2022.

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Chap_07_2023 94. If boot is received in a like-kind exchange and gain is recognized, which formula correctly calculates the basis for the like-kind property received? a. Adjusted basis of like-kind property surrendered + gain recognized – fair market value of boot received. b. Fair market value of like-kind property surrendered + gain recognized + fair market value of boot received. c. Fair market value of like-kind property received – postponed gain. d. Only choices a. and c. 95. Taylor inherited 100 acres of land on the death of his father in 2022. A Federal estate tax return was filed and this land was valued in the return at $650,000, its fair market value at the date of the father’s death. The father acquired the land in 1998 for $112,000. Prior to his death, he had expended $20,000 on permanent improvements. Taylor’s holding period for the land: a. Will begin with the date his father acquired the property. b. Will automatically be long term. c. Will begin with the date of his father’s death. d. Will begin with the date the property is distributed to him. 96. Carlito sells his principal residence, which has an adjusted basis of $150,000, for $200,000. He incurs selling expenses of $20,000 and legal fees of $2,000. He had purchased another residence for $380,000 one month prior to the sale. What is the recognized gain or loss and the basis of the replacement residence if Carlito elects to forgo the § 121 exclusion (exclusion of gain on sale of principal residence)? a. $0 and $380,000. b. $0 and $408,000. c. $28,000 and $352,000. d. $28,000 and $380,000. 97. Terry owns Lakeside, Inc. stock (adjusted basis of $80,000), which she sells to her brother, Jake, for $64,000 (its fair market value). Eighteen months later, Jake sells the stock to Pamela, a friend, for $78,000 (its fair market value). What is Terry’s recognized loss, Jake’s recognized gain or loss, and Pamela’s adjusted basis for the stock? Terry's Recognized Loss Jake's Recognized Gain (Loss) Pamela's Basis a. $ -0$ -0$78,000 b. $ -0$14,000 $64,000 c. $ -0$14,000 $78,000 d. $16,000 $14,000 $78,000

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Chap_07_2023 98. Neal and his wife Faye reside in Texas, a community property state. Their community property consists of real estate (adjusted basis of $800,000; fair market value of $6 million) and personal property (adjusted basis of $390,000; fair market value of $295,000). Neal dies first and leaves his estate to Faye. What is Faye’s basis in the property after Neal’s death? a. $800,000 real estate and $295,000 personal property. b. $800,000 real estate and $390,000 personal property. c. $3,400,000 real estate and $295,000 personal property. d. $6,000,000 real estate and $295,000 personal property. 99. Gift property (disregarding any adjustment for gift tax paid by the donor): a. Has a $0 basis to the donee because they did not pay anything for the property. b. Has the same basis to the donee as the donor’s adjusted basis if the donee disposes of the property at a gain. c. Has the same basis to the donee as the donor’s adjusted basis if the donee disposes of the property at a loss, and the fair market value on the date of gift was less than the donor’s adjusted basis. d. Has a $0 basis to the donee if the fair market value on the date of gift is less than the donor’s adjusted basis. 100. During 2022, Jamal and Judy, a married couple, decided to sell their residence, which had a basis of $300,000. They had owned and occupied the residence for 20 years. To make it more attractive to prospective buyers, they had the outside painted in April at a cost of $6,000 and paid for the work immediately. They sold the house in May for $880,000. Broker’s commissions and other selling expenses amounted to $53,000. Since they both are age 68, the couple decides to move into a rented apartment. What is the recognized gain? a. $0 b. $17,000 c. $27,000 d. $527,000 101. Janice bought her house about 10 years ago for $395,000. Since then, she has deducted $70,000 in depreciation associated with her home office and has spent $45,000 replacing all the old pipes and plumbing. She sells the house on July 1, this year. Her realtor charged $34,700 in commissions. Prior to listing the house with the realtor, she spent $300 advertising in the local newspaper. Don buys the house for $500,000 in cash and assumes her mortgage of $194,000. What is Janice’s adjusted basis at the date of the sale and the amount realized? a. $370,000 adjusted basis; $661,400 amount realized. b. $370,000 adjusted basis; $659,000 amount realized. c. $370,000 adjusted basis; $665,200 amount realized. d. $325,000 adjusted basis; $663,200 amount realized.

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Chap_07_2023 102. Inka’s personal residence (adjusted basis of $100,000) was condemned, and she received a condemnation award of $80,000. Inka used the condemnation proceeds to purchase a new residence for $90,000. What is Inka's recognized gain or loss and her basis in the new residence? a. $0; $70,000. b. $0; $90,000. c. ($20,000); $90,000. d. ($20,000); $70,000. 103. Ricardo sells property with an adjusted basis of $45,000 to his daughter Teresa for $38,000. Teresa subsequently sells the property to her brother, Jorge, for $38,000. Three years later, Jorge sells the property to Han, an unrelated party, for $50,000. What is Jorge’s recognized gain or loss on the sale of the property to Han? a. $0 b. $5,000 c. $12,000 d. ($5,000) 104. Carlton purchases land for $550,000. He incurs legal fees of $10,000 and broker’s commission of $28,000 associated with the purchase. He subsequently incurs additional legal fees of $25,000 in having the land rezoned from agricultural to residential. He subdivides the land and installs streets and sewers at a cost of $800,000. What is Carlton’s basis for the land and the improvements? a. $1,350,000 b. $1,378,000 c. $1,385,000 d. $1,413,000 105. The holding period of property acquired by gift may begin on: a. The date the property was acquired by the donor only. b. The date of gift only. c. Either the date the property was acquired by the donor or the date of gift. d. The last day of the tax year in which the property was originally acquired by the donor. 106. Eric and Mario, who are married, jointly own a house in which they have resided for the past 17 years. They sell the house for $375,000 with realtor’s fees of $10,000. Their adjusted basis for the house is $80,000. Since they are in their retirement years, they plan on moving around the country and renting. What is their recognized gain on the sale of the residence if they use the § 121 exclusion ? What is it if they elect to forgo the § 121 exclusion? With Exclusion a. $0 b. $35,000 c. $0 d. $35,000

Elect to Forgo $0 $35,000 $285,000 $285,000

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Chap_07_2023 107. The basis of personal use property converted to business use is: a. Always the lower of its adjusted basis or fair market value on the date of conversion. b. Always its adjusted basis on the date of conversion. c. Always the higher of its adjusted basis or fair market value on the date of conversion. d. None of these. 108. Nontaxable stock dividends result in: a. A higher cost per share for all shares than before the stock dividend. b. A lower cost per share for all shares than before the stock dividend. c. An increase in the total cost of the old and new stock combined. d. A decrease in the total cost of the old and new stock combined. 109. Brian and Becca have been married and living together in Brian’s home for 6 years. He lived in the home alone for 20 years prior to their marriage. They sell the home, which has an adjusted basis of $120,000, for $700,000. Brian and Becca plan to use the § 121 exclusion (exclusion of gain on sale of principal residence). In Becca’s prior marriage to Dan, Dan sold his principal residence and used the § 121 exclusion. Becca and Dan filed joint returns during their seven years of marriage. They had lived in Dan’s house throughout their marriage. Dan’s sale had occurred one year prior to the divorce. Brian and Becca purchase a replacement residence for $650,000 one month after the sale of their home. What is the recognized gain and basis for the new home? a. $0; $80,000. b. $80,000; $150,000. c. $80,000; $650,000. d. $330,000; $650,000. 110. Libby owns a horse farm with 500 acres of land (adjusted basis of $600,000). Fifty acres of the land are condemned by the state for $400,000 in order to build a municipal stadium. Since the fair market value of Libby’s farm is significantly decreased by the proximity to the future stadium, the state awards Libby $300,000 in severance damages. Libby does not use the $300,000 to restore the usefulness of the farm; all of the $700,000 ($400,000 + $300,000) proceeds are invested in the stock market. What is her recognized gain or loss associated with the receipt of the severance damages? a. $0 b. $100,000 c. $300,000 d. $340,000 111. Bayarmaa owns land with an adjusted basis of $610,000 subject to a mortgage of $350,000. On April 1, Bayarmaa sells her land subject to the mortgage for $650,000 in cash, a note for $600,000, and property with a fair market value of $120,000. What is the amount realized? a. $1,250,000 b. $1,370,000 c. $1,720,000 d. $1,820,000

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Chap_07_2023 112. Under the Internal Revenue Code, the holding period for property acquired by inheritance is always: a. Long term. b. Short term. c. Determined by the date acquired by the individual who died. d. Determined by the date of death. 113. Over the past 20 years, Alfred has purchased 380 shares of Green, Inc., common stock. His first purchase was in 1999 when he acquired 30 shares for $20 a share. In 2006, Alfred bought 150 shares at $10 a share. In 2021, Alfred acquired 200 shares at $50 a share. He intends to sell 125 shares at $60 per share this year (2022). If Alfred’s objective is to minimize gain and assuming he can adequately identify the shares to be sold, what is his recognized gain? a. $1,250 b. $3,520 c. $5,950 d. $6,250 114. Cho inherits a home on July 1, 2022 that had a basis in the hands of the decedent at death of $290,000 and a fair market value of $500,000 at the date of the decedent’s death. Cho decides to sell her old principal residence, which she has owned and occupied for nine years, with an adjusted basis of $125,000 and move into the inherited home. On September 16, 2022, she sells the old residence for $600,000. Cho incurs selling expenses of $30,000 and legal fees of $2,000. She decides to add a pool, deck, pool house, and recreation room to the inherited home at a cost of $100,000. These additions are completed and paid for on November 1, 2022. What is Cho's recognized gain on the sale of her old principal residence and her basis in the inherited home? a. $0; $500,000. b. $193,000; $600,000. c. $443,000; $600,000. d. $475,000; $600,000. 115. Joyce’s office building was destroyed in a fire (adjusted basis of $350,000; fair market value of $400,000). Of the insurance proceeds of $360,000 she receives, Joyce uses $310,000 to purchase additional inventory and invests the remaining $50,000 in short-term certificates of deposit. She received only $360,000 because of a coinsurance clause in her policy. What is Joyce’s recognized gain or loss? a. $0 b. $10,000 loss c. $10,000 gain d. $40,000 gain 116. In computing asset basis, capital recoveries include: a. The cost of capital improvements. b. Ordinary repair and maintenance expenditures. c. Payments made on the principal of a mortgage on taxpayer’s building. d. Amortization of bond premium.

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Chap_07_2023 117. Nat is a salesman for a real estate developer. His employer permits him to purchase a lot for $75,000. The employer’s adjusted basis for the lot is $45,000, and its normal selling price is $90,000. What is Nat’s recognized gain and his basis for the lot? Recognized Gain a. $0 b. $0 c. $15,000 d. $15,000

Basis $ 75,000 $ 90,000 $ 75,000 $ 90,000

118. Robert and Diane, husband and wife, live in Pennsylvania, a common law state. They purchased land as joint tenants in 2018 for $300,000. In 2022, Diane dies and bequeaths her share of the land to Robert. The land has a fair market value of $450,000. What is Robert’s adjusted basis for the land? a. $300,000 b. $375,000 c. $450,000 d. $750,000 119. Jared, a fiscal year taxpayer with a August 31 year-end, owns an office building (adjusted basis of $800,000) that was destroyed by fire on December 24, 2022. If the insurance settlement was $950,000 (received March 1, 2023), what is the latest date that Jared can replace the office building to qualify for nonrecognition of gain under the involuntary conversion rules? a. December 31, 2022. b. August 31, 2023. c. December 31, 2024. d. August 31, 2025. 120. Lynn purchases a house for $52,000. She converts the property to rental property when the fair market value is $115,000. After deducting depreciation (cost recovery) expense of $1,130, she sells the house for $120,000. What is her recognized gain or loss? a. $0 b. $6,130 c. $37,630 d. $69,130 121. On October 1, Paula exchanged an apartment building (adjusted basis of $375,000 and subject to a mortgage of $125,000) for another apartment building owned by Nick (fair market value of $550,000 and subject to a mortgage of $125,000). The property transfers were made subject to the mortgages. What amount of gain should Paula recognize? a. $0 b. $25,000 c. $125,000 d. $175,000 Copyright Cengage Learning. Powered by Cognero.

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Chap_07_2023 122. Alissa exchanges land with an adjusted basis of $22,000 and a fair market value of $30,000 for another parcel of land with a fair market value of $28,000 and $2,000 cash. What is Alissa’s recognized gain or loss? a. $0 b. $2,000 c. $6,000 d. $8,000 123. Sam’s office building with an adjusted basis of $750,000 and a fair market value of $900,000 is condemned on November 30, 2022. Sam is a calendar year taxpayer. She receives a condemnation award of $875,000 on March 1, 2023. She builds a new office building at a cost of $845,000 that is completed and paid for on December 31, 2025. What is Sam’s recognized gain on receipt of the condemnation award and basis for the new office building assuming that her objective is to minimize current-year gain recognition? a. $0; $720,000. b. $30,000; $750,000. c. $30,000; $845,000. d. $150,000; $750,000. 124. Which of the following statements is correct with respect to qualified replacement property in an involuntary conversion? a. If the functional use test applies, a warehouse used to store inventory can be replaced with a smaller building to be used to sell inventory. b. If the taxpayer use test applies, an office building rented to tenants can be replaced with an office building to be used in the taxpayer’s business. c. If the like-kind exchange test applies, a building used by the taxpayer for manufacturing can be replaced with an office building to be used in the taxpayer’s business. d. Only choices b. and c. 125. Pedro borrowed $250,000 to purchase a machine costing $300,000. He later borrowed an additional $25,000 using the machine as collateral. Both notes are nonrecourse. Eight years later, the machine has an adjusted basis of zero and two outstanding note balances of $145,000 and $18,000. Pedro sells the machine subject to the two liabilities for $45,000. What is his realized gain or loss? a. $0 b. $45,000 c. $163,000 d. $208,000 126. Ralph gives his daughter, Angela, stock (basis of $8,000; fair market value of $6,000). A $0 gift tax results. If Angela subsequently sells the stock for $10,000, what is her recognized gain or loss? a. $0 b. $2,000 c. $4,000 d. $10,000

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Chap_07_2023 127. Katie sells her personal use automobile for $12,000. She purchased the car three years ago for $25,000. What is Katie’s recognized gain or loss? a. $0 b. $12,000 c. ($13,000) d. ($25,000) 128. Yolanda buys a house in the mountains for $450,000 that she uses as her personal vacation home. She builds an additional room on the house for $40,000. She sells the property for $560,000 and pays $28,000 in commissions and $4,000 in legal fees in connection with the sale. What is the recognized gain or loss on the sale of the house? a. $0 b. $38,000 c. $70,000 d. $110,000 129. Which of the following exchanges qualifies for nonrecognition treatment as a like-kind exchange? a. Partnership interest for a partnership interest. b. Inventory for inventory. c. Securities for personalty. d. Business realty for investment realty. 130. Which of the following statements is correct? a. In a nontaxable exchange in which gain is realized, the transaction results in a permanent recovery of more than the taxpayer’s cost or other basis for tax purposes. b. In a nontaxable exchange in which loss is realized, the transaction results in a permanent recovery of less than the taxpayer’s cost or other basis for tax purposes. c. In a tax-free transaction in which gain is realized, the transaction results in the permanent recovery of more than the taxpayer’s cost or other basis for tax purposes. d. All of these. 131. Molly exchanges land (adjusted basis of $85,000; fair market value of $78,000) used in her business and common stock held for investment (adjusted basis of $10,000; fair market value of $15,000) for a single parcel of land (fair market value of $93,000) to be used in her business in a like-kind exchange. What is Molly’s recognized gain or loss? a. $0 b. $5,000 c. ($2,000) d. ($7,000)

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Chap_07_2023 132. Ross lives in a house he received as a gift from his father Clem, who had lived in the house for 12 years. The adjusted basis of the house to Clem was $160,000 and the fair market value at the time of the gift was $140,000. Ross sells this residence after living in it for 18 months for $150,000 and purchases a new home for $125,000. He incurs selling expenses of $7,000. What is Ross’ recognized gain or loss and basis for the new residence? a. ($17,000); $125,000. b. ($17,000); $142,000. c. $0; $125,000. d. $3,000; $128,000. 133. Gianna’s automobile, which is used exclusively in her trade or business, was damaged in an accident. The adjusted basis prior to the accident was $11,000. The fair market value before the accident was $10,000 and the fair market value after the accident is $6,000. Insurance proceeds of $3,200 are received. What is Gianna’s adjusted basis for the automobile after the casualty? a. $0 b. $7,000 c. $7,800 d. $10,200 134. During 2022, Jack and LaTonya, a married couple, decided to sell their residence. The residence has a basis of $162,000 and has been owned and occupied by them for 11 years. The house was sold in May for $395,000 with broker’s commissions and other selling expenses totaling $24,000. They purchased a new residence in June for $400,000. What is the adjusted basis of the new residence? a. $0 b. $162,000 c. $191,000 d. $400,000 135. Martin exchanges a warehouse for a building he will use as an office building. The adjusted basis of the warehouse is $600,000 and the fair market value of the office building is $350,000. In addition, Martin receives cash of $150,000. What is the recognized gain or loss and the basis of the office building? a. $0 and $350,000. b. $0 and $450,000. c. ($150,000) and $300,000. d. ($200,000) and $350,000. 136. Amir owns investment land located in Tucson, AZ. He exchanges it for other investment land. In which of the following locations may the other investment land be located and enable Amir to qualify for like-kind exchange treatment? a. Mexico City, Mexico. b. Toronto, Canada. c. Paris, France. d. None of these.

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Chap_07_2023 137. Shontelle received a gift of income-producing property with an adjusted basis of $49,000 to the donor and fair market value of $35,000 on the date of gift. No Federal gift tax was paid by the donor. Shontelle subsequently sold the property for $31,000. What is the recognized gain or loss? a. $0 b. ($4,000) c. ($10,000) d. ($18,000) 138. If the taxpayer qualifies under § 1033 (nonrecognition of gain from an involuntary conversion), makes the appropriate election, and reinvests less in the replacement property than the amount realized, realized gain is: a. Recognized to the extent of the investment deficiency (amount realized not reinvested). b. Recognized to the extent of realized gain. c. Recognized to the extent of the amount reinvested in excess of the adjusted basis. d. Permanently not subject to taxation. 139. An office building with an adjusted basis of $320,000 was destroyed by fire on December 30, 2022. On January 11, 2023, the insurance company paid the owner $450,000. The fair market value of the building was $500,000, but the insurance company is responsible for only 90 percent of the loss. The owner reinvested $410,000 in a new office building on February 12, 2023, that was smaller than the original office building. What is the recognized gain and the basis of the new building if § 1033 (nonrecognition of gain from an involuntary conversion) is elected? a. $0 and $320,000. b. $0 and $410,000. c. $40,000 and $320,000. d. $130,000 and 410,000. 140. Todd converts his house into a rental property on January 2, 2022. Todd’s basis in the house is $400,000, and its fair market value on the date of conversion is $376,000. What is Todd’s basis for purposes of MACRS cost recovery? a. $0; because it was converted from personal use, it cannot be depreciated. b. $376,000. c. $388,000. d. $400,000. 141. In 2018, Zhang purchased a classic car that he planned to restore for $12,000. However, Zhang is too busy to work on the car and he gives it to his daughter Jun in 2022. At that time, the fair market value of the car had declined to $10,000. Zhang paid no gift tax on the transaction. Jun completes some of the restoration herself with out-of-pocket costs of $5,000. She later sells the car for $30,000. What is Jun’s recognized gain or loss on the sale of the car? a. $0 b. $13,000 c. $15,000 d. $18,000

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Chap_07_2023 142. Nancy gives Manuel a crane to use in his business with a fair market value of $61,000 and a basis in Nancy’s hands of $80,000. No Federal gift tax was paid. What is Manuel’s basis for depreciation (cost recovery)? a. $0 b. $19,000 c. $61,000 d. $80,000 143. Kevin purchased 5,000 shares of Purple Corporation stock at $10 per share. Two years later, he receives a 5% common stock dividend. At that time, the common stock of Purple Corporation had a fair market value of $12.50 per share. What is the basis of the Purple stock, the per share basis, and gain recognized upon receipt of the common stock dividend? a. $50,000 basis in stock, $10 basis per share for the original stock and $0 basis per share for the dividend shares, $0 recognized gain. b. $50,000 basis in stock, $9.52 basis per share, $0 recognized gain. c. $53,125 basis in stock, $10 basis per share for the original stock and $12.50 basis per share for the dividend shares, $3,125 recognized gain. d. $53,125 basis in stock, $10.12 basis per share, $3,125 recognized gain. 144. Lei, a farmer, has the following events occur during the tax year. Which of the events qualifies for nonrecognition of gain from an involuntary conversion? a. Lei's farm tractor is hauled to the city dump because it is worn out. b. She sells 10 acres of pasture land at a loss of $40,000 because she has reduced the size of her dairy herd in preparation for her retirement. c. Her personal residence, adjusted basis of $100,000, is condemned to make way for an interstate highway. She recovers condemnation proceeds of $175,000. d. Lei sells 10 acres of pasture land at a loss of $40,000 because she has reduced the size of her dairy herd due to a reduction in milk prices. 145. Noelle received dining room furniture as a gift from her friend, Jane. Jane’s adjusted basis was $9,200 and the fair market value on the date of the gift was $7,000. Noelle decided she did not need the furniture and sold it to a neighbor six months later for $6,500. What is her recognized gain or loss? a. $0 b. ($500) c. ($2,700) d. $6,500 146. Isabis exchanges a rental building, which has an adjusted basis of $520,000, for investment land which has a fair market value of $700,000. In addition, Isabis receives $100,000 in cash. What is the recognized gain or loss and the basis of the investment land? a. $0 and $420,000. b. $100,000 and $420,000. c. $100,000 and $520,000. d. $280,000 and $700,000.

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Chap_07_2023 147. Jason owns Blue Corporation bonds (face value of $10,000), purchased on January 1, 2022, for $11,000. The bonds have an annual interest rate of 3% and a maturity date of December 31, 2031. Jason elects to amortize the bond premium and, using the effective interest rate method, determines that the bond premium amortization for 2022 is $100. What are his taxable interest income for 2022 and the adjusted basis for the bonds at the end of 2022? a. $300 and $11,000 b. $300 and $10,900 c. $200 and $11,000 d. $200 and $10,900 148. Ayla inherits land that had a basis to the decedent of $95,000 and a fair market value of $50,000 on August 4, 2022, the date of the decedent’s death. The executor distributes the land to Ayla on November 12, 2022, at which time the fair market value is $49,000. The fair market value on February 4, 2023, is $45,000. In filing the estate tax return, the executor elects the alternate valuation date. Ayla sells the land on June 10, 2023, for $48,000. What is her recognized gain or loss? a. ($1,000) b. ($2,000) c. ($47,000) d. $1,000 149. Karen purchased 100 shares of Gold Corporation stock for $11,500 on January 2, 2022. During 2022, she sells 25 shares of the 100 shares purchased on January 2, 2022, for $2,500. Twenty-five days earlier, she had purchased 30 shares for $3,000. What is Karen’s recognized gain or loss on the sale of the stock, and what is her basis in the 30 shares purchased 25 days earlier? a. $375 recognized loss, $3,000 basis in new stock. b. $0 recognized loss, $3,000 basis in new stock. c. $0 recognized loss, $3,375 basis in new stock. d. $0 recognized loss, $3,450 basis in new stock. 150. Nancy and Tonya exchanged assets. Nancy gave Tonya her personal residence with an adjusted basis of $280,000 and a fair market value of $560,000. The house has a mortgage of $200,000, which is assumed by Tonya. Tonya gave Nancy a yacht used in her business with an adjusted basis of $250,000 and a fair market value of $360,000. What is Tonya’s realized and recognized gain? a. $310,000 realized and $310,000 recognized gain. b. $310,000 realized and $0 recognized gain. c. $110,000 realized and $110,000 recognized gain. d. $110,000 realized and $0 recognized gain.

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Chap_07_2023 151. Anya owns land with an adjusted basis of $305,000, subject to a mortgage of $175,000. On April 1, 2022, Anya sells her land subject to the mortgage for $325,000 in cash, a note for $300,000, and property with a fair market value of $60,000. What is Anya’s amount realized on this sale? a. $685,000. b. $800,000. c. $840,000. d. $860,000. 152. Francisco was transferred from Phoenix to Atlanta. He sold his Phoenix residence (adjusted basis of $250,000) for a realized loss of $50,000 and purchased a new residence in Atlanta for $375,000. Francisco had owned and lived in the Phoenix residence for six years. What is his recognized gain or loss on the sale of the Phoenix residence and his basis for the residence in Atlanta? a. $0 and $375,000. b. $0 and $425,000. c. ($50,000) and $325,000. d. ($50,000) and $375,000. 153. Arthur owns a tract of undeveloped land (adjusted basis of $145,000) that he sells to his son, Ned, for its fair market value of $105,000. What is Arthur’s recognized gain or loss and Ned’s basis in the land? a. $0 and $105,000. b. $0 and $145,000. c. ($40,000) and $105,000. d. ($40,000) and $145,000. 154. Albert purchased a tract of land for $140,000 in 2019 when he heard that a new highway was going to be constructed through the property and that the land would soon be worth $200,000. Highway engineers surveyed the property and indicated that he would probably get $180,000. The highway project was abandoned in 2022 and the value of the land fell to $100,000. What is the amount of loss Albert can claim in 2022? a. $-0b. $40,000 c. $80,000 d. $100,000

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Chap_07_2023 155. Which of the following satisfy the time period requirement for postponement of gain as an involuntary conversion? a. Al’s business warehouse is destroyed by a tornado on October 31, 2022. Al is a calendar year taxpayer. He receives insurance proceeds on December 5, 2022. He reinvests the proceeds in another warehouse to be used in his business on December 29, 2024. b. Heather’s personal residence is destroyed by fire on October 31, 2022. She is a calendar year taxpayer. She receives insurance proceeds on December 5, 2022. She purchases another principal residence with the proceeds on October 31, 2024. c. Mack’s office building is condemned by the city as part of a road construction project. The date of the condemnation is October 31, 2022. He is a calendar year taxpayer. He receives condemnation proceeds from the city on that date. He purchases another office building with the proceeds on December 5, 2025. d. All of these. 156. Lily exchanges a building she uses in her rental business for a building owned by Kendall. She will use the building in her rental business. The adjusted basis of Lily’s building is $120,000 and the fair market value is $170,000. Which of the following statements is correct? a. Lily’s recognized gain is $50,000 and her basis for the building received is $120,000. b. Lily’s recognized gain is $50,000 and her basis for the building received is $170,000. c. Lily’s recognized gain is $0 and her basis for the building received is $120,000. d. Lily’s recognized gain is $0 and her basis for the building received is $170,000. 157. Mona purchased a business from Judah for $1,000,000. Judah’s records and an appraiser provided her with the following information regarding the assets purchased.

Land Building Equipment

Adjusted Basis $195,000 310,000 95,000

FMV $270,000 450,000 180,000

What is Mona’s adjusted basis for the land, building, and equipment? a. Land $270,000, building $450,000, equipment $180,000. b. Land $195,000, building $575,000, equipment $230,000. c. Land $195,000, building $310,000, equipment $95,000. d. Land $270,000, building $521,429, equipment $208,571. 158. Danielle, a calendar year taxpayer, lists her principal residence with a realtor on February 7, 2022, enters into a contract to sell on July 12, 2022, and sells (i.e., the closing date) the residence on August 1, 2022. The realized gain on the sale is $225,000. Which date is the appropriate ending date in determining if the residence has been owned and used by the Danielle as the principal residence for at least two years during the prior five-year period? a. February 7, 2022. b. July 12, 2022. c. August 1, 2022. d. December 31, 2022. Copyright Cengage Learning. Powered by Cognero.

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Chap_07_2023 159. Abby sells real property for $300,000. The buyer pays $5,000 in property taxes that had accrued during the year while the property was still legally owned by Abby. In addition, Abby pays $15,000 in commissions and $3,000 in legal fees in connection with the sale. How much does Abby realize (the amount realized) from the sale of her property? a. $277,000 b. $282,000 c. $287,000 d. $300,000 160. Tobin inherited 100 acres of land on the death of his father in 2022. A Federal estate tax return was filed and the land was valued at $300,000 (its fair market value at the date of the death). Tobin's father originally acquired the land in 1981 for $19,000 and prior to his death made permanent improvements of $6,000. What is Tobin’s basis in the land? a. $19,000 b. $25,000 c. $300,000 d. $325,000 161. To qualify for like-kind exchange treatment under § 1031, which of the following requirements must be satisfied? a. The form of the transaction is a sale or exchange. b. Both the property transferred and the property received are held either for productive use in a trade or business or for investment. c. The exchange must be completed by the end of the second tax year following the tax year in which the taxpayer relinquishes their like-kind property. d. Only choices a. and b. 162. Weston sells his residence to Joanne on October 15, 2022. Indicate which of the following statements is correctly associated with § 121 (exclusion of gain on sale of principal residence). a. Selling expenses decrease the seller’s amount realized and increase the buyer’s adjusted basis. b. Repair expenses of the seller decrease the seller’s amount realized and have no effect on the buyer’s adjusted basis. c. Capital expenditures made by the seller prior to the sale increase the seller’s adjusted basis and have no effect on the buyer’s adjusted basis. d. Only choices a. and c.

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Chap_07_2023 163. During 2022, Christian and Danielle, a married couple, decided to sell their residence, which had a basis of $200,000. They had owned and occupied the residence for 20 years. To make it more attractive to prospective buyers, they had the inside painted in April at a cost of $5,000 and paid for the work immediately. They sold the house in May for $800,000. Broker’s commissions and other selling expenses amounted to $50,000. The couple purchased a new residence in July for $400,000. What is the recognized gain and the adjusted basis of the new residence? a. $45,000 and $400,000. b. $50,000 and $400,000. c. $100,000 and $600,000. d. $550,000 and $800,000. 164. The bank forecloses on Lisa’s apartment complex. The property had been pledged as security on a nonrecourse mortgage whose principal amount at the date of foreclosure is $750,000. The adjusted basis of the property is $480,000, and the fair market value is $750,000. What is Lisa’s recognized gain or loss? a. $270,000 b. ($750,000) c. $0 d. ($480,000) 165. On January 15 of the current taxable year, Merle sold stock with a cost of $40,000 to his brother Ned for $25,000, its fair market value. On June 21, Ned sold the stock to a friend for $26,000. a. b.

What are the tax consequences to Merle and Ned? Would Ned recognize any gain if he sold the stock for $41,000?

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Chap_07_2023 166. Lucinda, a calendar year taxpayer, owned a rental property with an adjusted basis of $312,000 in a major coastal city. Her property was condemned by the city government on October 12, 2022 to build a convention center. Lucinda eventually received qualified replacement property from the city government on March 9, 2023, with a fair market value of $410,000. a.

What is Lucinda’s recognized gain or loss on the condemnation?

What is her adjusted basis for the new property?

If, instead of receiving qualifying replacement property, Lucinda was paid $410,000, what is the latest date that she can acquire qualifying replacement property?

167. Ed and Cheryl have been married for 27 years. They own land jointly with a basis of $300,000. Ed dies in 2022, when the fair market value of the land is $500,000. Under a joint ownership arrangement, the land passed to Cheryl. a.

If Ed and Cheryl reside in a community property state, what is Cheryl’s basis in the land?

If Ed and Cheryl reside in a common law state, what is Cheryl’s basis in the land?

168. Hilary receives $10,000 for a 15-foot wide utility easement along one of the boundaries to her property. The easement provides that no structure can be built on that portion of the property. Her adjusted basis for the property is $200,000, and the easement covers 15% of the total acreage. Determine the effect of the $10,000 payment on Hilary’s gross income and her basis for the property.

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Chap_07_2023 169. On January 5, 2022, Amin sells his principal residence with an adjusted basis of $270,000 for $690,000. He has owned and occupied the residence for 15 years. He pays $35,000 in commissions and $2,000 in legal fees in connection with the sale. One month before the sale, Amin painted the exterior of the house at a cost of $5,000 and repaired various items at a cost of $3,000. On October 15, 2022, Amin purchases a new home for $600,000. On November 15, 2023, he pays $25,000 for completion of a new room on the house, and on January 14, 2024, he pays $15,000 for the construction of a pool. What is the Amin’s recognized gain on the sale of his old principal residence, and what is the basis for the new residence?

170. Javier’s hotel is condemned by the City Housing Authority on July 5, 2022, for which he is paid condemnation proceeds of $950,000. He first received official notification of the pending condemnation on May 2, 2022. Javier’s adjusted basis for the hotel is $600,000 and he uses a fiscal year for tax purposes with a September 30 tax year-end. a.

How much must Javier reinvest in qualifying replacement property to postpone the recognition of realized gain?

If Javier reinvests the minimum amount required to avoid recognition of realized gain, what is his basis for the replacement property?

What is qualifying replacement property?

What is the earliest date that Javier can acquire qualifying replacement property?

What is the latest date that Javier can acquire qualifying replacement property?

How would the answer in e. change if Javier’s hotel had been destroyed in a flood?

171. Nigel purchased a blending machine for $125,000 for use in his business. As to the machine, he has deducted MACRS cost recovery of $31,024, maintenance costs of $5,200, and repair costs of $4,000. Calculate Nigel’s adjusted basis for the machine.

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Chap_07_2023 172. Sandoval exchanges land used in his business in a like-kind exchange. The property exchanged is as follows. The other party assumes the liability.

Land Cash Liability on land

Property Surrendered Adj. Basis FMV $44,000 $60,000 $12,000

Property Received Adj. Basis $50,000 $ 5,000

FMV $43,000 $ 5,000

$12,000

What is Sandoval’s recognized gain or loss?

What is Sandoval’s basis for the assets he received?

173. Monica sells a parcel of land to her son, Elbert, for $90,000. Monica’s adjusted basis is $100,000. Three years later, Elbert gives the land to his fiancée, Karen. At that date, the land is worth $104,000. No gift tax is paid. Since Elbert is going to be stationed in the U.S. Army in Germany for three years, they do not plan to be married until his tour is completed. Six months after receiving the land, Karen sells it for $110,000. At the same time, Karen sends Elbert a “Dear John” e-mail. Calculate Karen’s realized and recognized gain or loss.

174. Hubert purchases Fran’s jewelry store for $950,000. The identifiable assets of the business are as follows: Basis FMV $ 90,000 $ 97,000 Inventory 55,000 50,000 Accounts receivable 100,000 225,000 Building 280,000 300,000 Land Hubert and Fran agree to assign $110,000 to a seven-year covenant not to compete. How should Hubert allocate the $950,000 purchase price to the assets?

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Chap_07_2023 175. Kitty’s factory building, which has an adjusted basis of $475,000, is destroyed by fire on April 8, 2022. Insurance proceeds of $500,000 are received on June 1, 2022. She has a new factory building constructed for $490,000, which she occupies on October 1, 2022. Assuming Kitty’s objective is to minimize her current-year tax liability, calculate her recognized gain or loss and the basis of the new factory building.

176. Jacob owns land with an adjusted basis of $140,000 and a fair market value of $115,000. Determine the amount of realized and recognized gain or loss to the seller and the adjusted basis for the buyer for each of the following. Jacob sells the land for $115,000 to a corporation in which he owns 60% of the stock. Jacob sells the land for $115,000 to a partnership in which he has a capital and b. profits interest of 60%. a.

177. Faith inherits an undivided interest in a parcel of land from her father on February 15, 2022. Her father purchased the land on August 25, 1995; his basis for the land was $325,000. The fair market value of the land is $12,500,000 on the date of her father’s death and is $11,000,000 six months later. The executor elects the alternate valuation date. Faith has nine brothers and sisters; each sibling inherited a one-tenth interest. a.

What is Faith’s adjusted basis for her one-tenth undivided interest in the land?

What is her holding period for the land?

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Chap_07_2023 178. Jan purchases taxable bonds with a face value of $250,000 for $265,000. The annual interest paid on the bonds is $10,000. Assume Jan elects to amortize the bond premium. The total premium amortization for the first year is $1,600. a. b. c.

What is Jan’s interest income for the first year? What is Jan’s interest deduction for the first year? What is Jan’s adjusted basis for the bonds at the end of the first year?

179. Julio exchanges land used in his business for a different parcel of land to be used in his business. His adjusted basis for the land is $325,000; the fair market value is $310,000. The fair market value of the new parcel of land is $300,000. In addition, Julio receives cash of $10,000. Calculate Julio’s realized and recognized gain or loss and his adjusted basis for the assets received.

180. Boyd acquired tax-exempt bonds for $430,000 in December 2022. The bonds, which mature in December 2027, have a maturity value of $400,000. Boyd does not make any elections regarding the amortization of the bond premium. Determine the tax consequences to Boyd when he redeems the bonds in December 2027.

181. For the following exchanges, indicate which qualify as like-kind property. a. b. c. d. e.

Inventory of a sporting goods store in Charleston for land in Savannah. Investment land in Virginia Beach for office building in Williamsburg. Used automobile used in a business for a new automobile to be used in the business. Investment land in Paris for investment land in San Francisco. Shares of Texaco stock for shares of Exxon Mobil stock.

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Chap_07_2023 182. Janling’s office building is destroyed by fire on July 12, 2022. The adjusted basis is $315,000. She receives insurance proceeds of $350,000 on August 31, 2022. Calculate the amount that Janling must reinvest in qualifying property so that her recognized gain will be $20,000. Assume she elects to postpone any involuntary conversion gain.

183. Mitch owns 1,000 shares of Oriole Corporation common stock (adjusted basis of $15,000). On April 27, 2022, he sells 400 of these shares for $5,200, while on May 5, 2022, he purchases 300 shares of Oriole Corporation for $3,600. a. What is Mitch’s recognized gain or loss resulting from these transactions? b. What is Mitch’s basis for the stock acquired on May 5, 2022? c. Could Mitch have obtained different tax consequences in a. and b. if he had sold the 400 shares on December 27, 2022, and purchased the 300 shares on January 5, 2023?

184. Ollie owns a personal use car for which he originally paid $48,000. He trades the car in on a sports utility vehicle (SUV) paying the automobile dealer cash of $30,000. If the negotiated price of the SUV is $49,000, what is Ollie’s recognized gain or loss and his adjusted basis for the SUV?

185. Emma gives her personal use automobile (cost of $32,000; fair market value of $12,000) to her son, Liam, on July 3, 2022. She has owned the automobile since July 1, 2019. a. b.

What is Louis’s basis for the car? When does his holding period begin?

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Chap_07_2023 186. Peggy uses a delivery van in her business. The adjusted basis is $39,000, and the fair market value is $34,000. The delivery van is stolen and Peggy receives insurance proceeds of $34,000. Determine Peggy’s realized and recognized gain or loss.

187. Lauren purchases the Kentwood Trackers, a AAA baseball team, for $1,500,000. The appraised values of the identified assets are as follows. Prepaid season tickets Stadium lease Player contracts Equipment

$150,000 400,000 100,000 500,000

The Trackers have won the pennant for the past two years. Determine Lauren’s adjusted basis for the assets of the Kentwood Trackers.

188. Annette purchased stock on March 1 for $200,000. At December 31, it was worth $210,000. She also purchased a bond on September 1, for $20,000. At year-end, it was worth $15,000. Determine Annette’s realized and recognized gain or loss.

189. Ken is considering two options for selling land for which he has an adjusted basis of $100,000 and on which there is a mortgage of $80,000. Under the first option, Ken will sell the land for $225,000 with a stipulation in the sales contract that he liquidate the mortgage before the sale is complete. Under the second option, Ken will sell the land for $145,000, and the buyer will assume the mortgage. Calculate Ken’s recognized gain under both options.

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Chap_07_2023 190. Respond to each of the following situations: a. Orange Corporation exchanges a warehouse located in Michigan (adjusted basis of $560,000) for a warehouse located in Ohio (adjusted basis of $450,000; fair market value of $525,000). Indicate the amount of gain or loss that is recognized by Orange on the exchange and the basis of the warehouse acquired. b.

Assume that, in addition to the warehouse, Orange Corporation also received $100,000 in cash. Indicate the amount of gain or loss that Orange recognized on the exchange and the basis of the warehouse acquired.

How would your answer in b. change if, instead of receiving $100,000 in cash, the other party assumed Orange’s $100,000 mortgage on the Michigan warehouse?

191. Katrina, age 58, rented the house that was her principal residence from January 1, 2022 through December 31, 2023. She purchased the house on January 1, 2024, for $150,000 and continued to occupy it through June 30, 2025. She leased it to a tenant from July 1, 2025, through December 31, 2026. On January 1, 2027, she sells the house for $350,000. She incurs a realtor’s commission of $20,000. Calculate her recognized gain if her objective is to minimize the recognition of gain and she does not intend to acquire another residence.

192. Melody’s adjusted basis for 10,000 shares of Cardinal, Inc. common stock is $1,000,000. During the year, she receives a 5% nontaxable stock dividend. a. b. c.

What is the amount of Melody’s gross income? What is Melody’s total basis for the stock? What is Melody’s basis per share?

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Chap_07_2023 193. Omar has the following stock transactions during 2022: Stock

Date Number of Purchased/Sold Shares Sold

Number of Shares Purchased

Basis

Selling Price

Orange

1/2020

100

$1,000

Blue

6/2020

200

3,000

Yellow

4/2021

1,250

Blue

2/2022

150

1,800

Yellow

3/2022

175

5,250

Blue

7/2022

250

$3,500

Yellow

11/2022

200

7,200

What is Omar’s recognized gain or loss on the stock sales if his objective is to minimize the recognized gain and to maximize the recognized loss?

What is Omar’s recognized gain or loss if he does not identify the shares sold?

194. Kiara owns 100% of the stock of Lilac, Inc., with an adjusted basis of $45,000. She receives a cash distribution of $160,000 from Lilac when its earnings and profits are $90,000. a. b. c.

What is Kiara’s dividend income? What is Kiara’s recognized gain or loss? What is Kiara’s adjusted basis for her stock after the distribution?

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Chap_07_2023 195. Carlos, who is single, sells his personal residence on November 5, 2022, for $400,000. His adjusted basis was $125,000. He pays realtor’s commissions of $20,000. He had owned and occupied the residence for 12 years. Having decided that he no longer wants the burdens of home ownership, he invests the sales proceeds in a mutual fund and enters into a 1-year lease on an apartment. The detriments of renting, including a crying child next door, cause Carlos to rethink his decision. As a result, he purchases another residence on November 6, 2023, for $275,000. Is Carlos eligible for exclusion of gain treatment under § 121 (exclusion of gain on sale of principal residence)? Calculate Carlos’s recognized gain and his basis for the new residence.

196. On September 18, 2022, Jerry received land and a building from Ted as a gift. Ted had purchased the land and building on March 5, 2019, and his adjusted basis and the fair market value at the date of the gift were as follows: Asset Land Building

Adjusted Basis $150,000 90,000

FMV $200,000 100,000

Ted paid no Federal gift tax on the transfer. a.

Determine Jerry’s adjusted basis and holding period for the land and building.

Assume instead that the FMV of the land was $89,000 and the FMV of the building was $60,000. Determine Jerry’s adjusted basis and holding period for the land and building.

197. Rashida exchanges land used in her business for another parcel of land. The adjusted basis for her land is $32,000. The land she will receive has a fair market value of $33,000. In addition, Rashida receives cash of $4,000. a. b.

Calculate Rashida’s realized and recognized gain or loss. Calculate Rashida’s basis for the assets she received.

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Chap_07_2023 198. Inka transfers her personal use automobile to her business (a sole proprietorship). The car’s adjusted basis is $30,000 and the fair market value is $16,000. No cost recovery had been deducted by Inka, as she held the car for personal use. Determine the adjusted basis of the car to Inka’s sole proprietorship including the basis for cost recovery.

199. Liz, age 55, sells her principal residence for $600,000. She purchased it 22 years ago for $175,000. Selling expenses are $30,000 and repair expenses to get the house in a marketable condition to sell are $15,000. Liz’s objective is to minimize the taxes she must pay associated with the sale. Calculate her recognized gain.

200. Malik sold his ranch, which was his principal residence, during the current taxable year. At the date of the sale, the ranch had an adjusted basis of $460,000 and was encumbered by a mortgage of $200,000. The buyer paid him $500,000 in cash, agreed to take the title subject to the $200,000 mortgage, and agreed to pay him $100,000 with interest at 3.5 percent one year from the date of sale. How much is Malik’s realized gain on the sale?

201. Define fair market value as it relates to property transactions.

202. Discuss the logic for mandatory deferral of realized gain or loss for a like-kind exchange.

203. What is the general formula for calculating the adjusted basis of property?

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Chap_07_2023 204. Louis owns a condominium in New Orleans that has been his principal residence for 12 years. He wants to be near Lake Ponchartrain because he enjoys water activities. Therefore, he sells the condominium. His original intent was to purchase a house in New Orleans near the lake. However, the cost of such properties far exceeded his sales proceeds. He was able to purchase a house on the lake in Covington, which is located across the causeway. He invested all of his sales proceeds in the Covington house. After two months of commuting over an hour to and from work each day, he decides to rent an efficiency apartment in New Orleans near his office. He spends the weekends and vacations at his home in Covington. a. b.

Does Louis qualify for exclusion of gain under § 121? Does his Covington house qualify as his principal residence?

205. Explain how the sale of investment property at a loss to a brother is treated differently from a sale to a niece.

206. To be eligible to elect postponement of gain treatment for an involuntary conversion, what are the tests for qualifying replacement property?

207. Under what circumstances may a partial § 121 exclusion be available, where the taxpayer has used the § 121 exclusion within the two-year period preceding the sale of the current residence?

208. Discuss the relationship between the postponement of realized gain for like-kind exchanges and the adjusted basis and holding period for the replacement property.

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Chap_07_2023 209. Maurice sells his personal use automobile at a realized loss. Under what circumstances can Maurice deduct the loss? What if the personal use asset was sold at a realized gain?

210. What requirements must be satisfied to receive like-kind exchange treatment?

211. Joseph converts a building (adjusted basis of $50,000 and fair market value of $40,000) from personal use to business use. Justin receives a building with a $40,000 fair market value ($50,000 donor’s adjusted basis) from his mother as a gift. Discuss the tax consequences with respect to Joseph’s and Justin’s adjusted basis.

212. Byron, who lived in New Hampshire, acquired a personal residence 10 years ago when he was 52 years old. During this period, he has occupied the residence for only eight months each year due to winter vacations in Florida. Is Byron eligible for exclusion of gain under § 121?

213. Discuss the relationship between realized gain and boot received in a like-kind exchange.

214. Tariq sold certain U.S. Government bonds and State of Oregon bonds at a loss to offset short-term capital gain from a previous transaction. He felt that the U.S. Government and State of Oregon bonds were “good” investments, so he repurchased identical securities within one week. Will the "wash sale" rules apply to these transactions?

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Chap_07_2023 215. How does the replacement time period differ for the condemnation of real property used in a trade or business or held for investment when compared with that for other involuntary conversions?

216. Under what circumstances will a distribution by a corporation to its only shareholder result in a capital gain?

217. Describe the holding period rules to property acquired by gift and inheritance.

218. What effect does a deductible casualty loss have on the adjusted basis of property?

219. What effect does the assumption of liabilities have on a like-kind exchange?

220. Melissa, age 58, marries Matt, age 50, on June 1, 2022. On August 1, 2022, Melissa decides to sell her principal residence, which she has owned and occupied for the past 30 years. Matt has never owned a house. However, while he was married to Kelly who died 6 months prior to his marriage to Melissa, Kelly used the § 121 election on the sale of her residence in January 2020 to reduce her realized gain from $123,000 to $0. Kelly used the sales proceeds to pay off Matt’s outstanding debts. Can Melissa elect the § 121 exclusion on the sale of her residence? What is the maximum § 121 exclusion available to Melissa and Matt if they file a joint return?

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Chap_07_2023 221. Discuss the treatment of realized gains from involuntary conversions.

222. Define an involuntary conversion.

223. If a taxpayer purchases a business and the price exceeds the fair market value of the acquired assets, how is the excess allocated among the purchased assets?

224. For a corporate distribution of cash or other property to a shareholder, when does dividend income or a return of capital result?

225. Discuss the treatment of losses from involuntary conversions.

226. Why is it generally undesirable to pass property by death when its fair market value is less than basis?

227. What kinds of property do not qualify under the like-kind provisions?

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Chap_07_2023 228. If a taxpayer purchases taxable bonds at a premium, the amortization of the premium is elective. However, if a taxpayer purchases tax-exempt bonds at a premium, the amortization of the premium is mandatory. Explain this difference in the treatment.

229. Tara owns common stock in Taupe, Inc., with an adjusted basis of $250,000. She receives a preferred stock dividend which is nontaxable. a. b. c.

What effect does the preferred stock dividend have on Tara’s adjusted basis of the common stock? How is the basis of the preferred stock calculated? What effect does the preferred stock dividend have on Tara’s gross income?

230. When a property transaction occurs, what four questions should be considered with respect to the sale or other disposition?

231. Jamie is terminally ill and does not expect to live much longer. Pondering the consequences of her estate, she decides how to allocate her property to her nephews. She makes a gift of depreciated property (i.e., adjusted basis exceeds fair market value) to Will, a gift of appreciated property (i.e., fair market value exceeds adjusted basis) to Jim, and leaves appreciated property to Sam in her will. Each of the properties has the same fair market value. From an income tax perspective, which nephew is her favorite?

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Chap_07_2023 232. Ai and Lianne, are married and own property jointly. The property has an adjusted basis of $400,000 and a fair market value of $500,000. a. b.

Discuss the rules for the calculation of the adjusted basis of the property to Ai if she inherits her wife’s share of the property and Ai and Lianne live in a community property state. If they live in a common law state?

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Chap_07_2023 Answer Key 1. True 2. True 3. False 4. False 5. True 6. True 7. False 8. True 9. True 10. False 11. False 12. False 13. True 14. True 15. False 16. True 17. True 18. True 19. False 20. False 21. False 22. True 23. False 24. False 25. True 26. False

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Chap_07_2023 27. False 28. False 29. False 30. False 31. False 32. False 33. False 34. True 35. False 36. False 37. True 38. False 39. True 40. False 41. False 42. False 43. False 44. False 45. False 46. False 47. False 48. True 49. True 50. True 51. True 52. False 53. True 54. False Copyright Cengage Learning. Powered by Cognero.

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Chap_07_2023 55. True 56. False 57. True 58. False 59. True 60. False 61. False 62. False 63. True 64. True 65. False 66. True 67. True 68. False 69. True 70. False 71. False 72. False 73. True 74. True 75. True 76. False 77. False 78. True 79. False 80. True 81. True 82. b Copyright Cengage Learning. Powered by Cognero.

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Chap_07_2023 83. c 84. a 85. d 86. b 87. a 88. b 89. d 90. b 91. a 92. d 93. a 94. d 95. b 96. d 97. a 98. d 99. b 100. c 101. b 102. b 103. c 104. d 105. c 106. c 107. d 108. b 109. c 110. a Copyright Cengage Learning. Powered by Cognero.

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Chap_07_2023 111. c 112. a 113. a 114. b 115. c 116. d 117. d 118. b 119. d 120. d 121. a 122. b 123. b 124. c 125. d 126. b 127. a 128. b 129. d 130. c 131. b 132. c 133. b 134. d 135. b 136. d 137. b

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Chap_07_2023 138. a 139. c 140. b 141. b 142. d 143. b 144. c 145. a 146. c 147. d 148. a 149. c 150. c 151. d 152. a 153. a 154. a 155. d 156. c 157. a 158. c 159. c 160. c 161. b 162. c 163. b 164. a

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Chap_07_2023 165. a.

Merle realizes a loss of $15,000 [i.e., $25,000 (amount realized) – $40,000 (adjusted basis)], which is disallowed because the stock was sold to a related party. Ned realizes a gain of $1,000 [i.e., $26,000 (amount realized) – $25,000 (adjusted basis)] on the sale to a friend but does not recognize any gain. Ned’s gain of $1,000 is less than Merle’s previously disallowed loss of $15,000.

Ned would realize a gain of $16,000 [i.e., $41,000 (amount realized) – $25,000 (adjusted basis)]. Gain of $1,000 would be recognized [i.e., $16,000 (gain realized) – $15,000 (previously disallowed loss)].

Because the conversion of Lucinda’s original property was directly into qualified replacement property, the nonrecognition of the realized gain of $98,000 ($410,000 amount realized – $312,000 adjusted basis) is mandatory.

Due to the mandatory nonrecognition, the basis in the replacement property is a carryover basis of $312,000 ($410,000 – $98,000).

The latest date that Lucinda can acquire qualifying replacement property is December 31, 2026 (three years after the close of the tax year in which the proceeds received are large enough to produce a realized gain).

Cheryl’s basis in the land is $500,000 ($250,000 + $250,000).

Cheryl’s basis in the land is $400,000 [($300,000 × 50%) + $250,000].

166.

167.

168. Hilary does not include the $10,000 payment in her gross income. Instead, she reduces the basis for the property by the $10,000 payment from $200,000 to $190,000.

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Chap_07_2023 169. Amount realized ($690,000 – $35,000 – $2,000) Adjusted basis Realized gain § 121 exclusion Recognized gain

$653,000 (270,000) $383,000 (250,000) $133,000

The $5,000 for painting and $3,000 for repairs are personal expenses that do not decrease the amount realized or increase the adjusted basis. Cost of house Cost of new room Cost of pool Adjusted basis of residence

$600,000 25,000 15,000 $640,000

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Chap_07_2023 170. a.

Javier must reinvest at least $950,000, an amount equal to the amount realized. This results in a postponed gain of $350,000 ($950,000 amount realized – $600,000 adjusted basis).

Javier’s basis for the replacement property would be:

FMV of replacement property Less: Postponed gain Basis

$950,000 (350,000) $600,000

Since business real property has been condemned, the broader like-kind exchange rules apply. Thus, any realty (i.e., improved or unimproved) will suffice as replacement property.

The earliest date that Javier can acquire another hotel is May 2, 2022, the date of the threat or imminence of requisition or condemnation of the property.

The latest date that Javier can acquire another hotel is September 30, 2025 (three years after the close of the tax year in which the proceeds received are large enough to produce a realized gain).

The latest date that Javier can acquire another hotel is September 30, 2024 (two years after the close of the tax year in which the proceeds received are large enough to produce a realized gain).

171. Cost Less: Cost recovery Adjusted basis

$125,000 (31,024) $ 93,976

Neither the maintenance cost of $5,200 nor the repair cost of $4,000 is a capital expenditure. These costs are deducted in the tax year incurred.

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Chap_07_2023 172. a. Amount realized: Land Cash Liability assumed Adjusted basis Realized gain Recognized gain

$43,000 5,000 12,000

$60,000 (44,000) $16,000 $16,000

The recognized gain is the lesser of the boot received of $17,000 ($12,000 + $5,000) or the realized gain of $16,000. b. Basis for new land: Fair market value Less: Postponed gain Basis

$43,000 –0– $43,000

Basis of the cash

$ 5,000

173. Elbert’s adjusted basis for the land is his purchase price of $90,000. When Elbert gives the land to Karen, her adjusted basis is a carryover basis of $90,000. Amount realized Adjusted basis Realized gain Recognized gain

$110,000 (90,000) $ 20,000 $ 20,000

Monica’s disallowed loss of $10,000 ($90,000 amount realized – $100,000 adjusted basis) could have been used as an offset by Elbert if he had sold the land at a realized gain. But, it cannot be used by Karen; she is not the original transferee (i.e., related-party buyer).

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Chap_07_2023 174. Inventory Accounts receivable Building Land

$ 97,000 50,000 225,000 300,000

Covenant

110,000

Goodwill Purchase price to allocate

168,000

Purchase price to allocate

$950,000

175. Amount realized Adjusted basis of building Realized gain Amount realized Less: Reinvestment Deficiency

$500,000 (475,000) $ 25,000 $500,000 (490,000) $ 10,000

Since Kitty’s objective is to minimize the tax liability, she would elect to postpone any qualified involuntary conversion gain. Thus, her recognized gain would be $10,000. The basis of the new factory building would be $475,000 ($490,000 cost – $15,000 postponed gain).

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Chap_07_2023 176. a. Amount realized Adjusted basis Realized loss Recognized loss

$115,000 (140,000) ($ 25,000) $ –0–

Losses on sales to a controlled corporation (greater than 50%) are disallowed under the related-party rules. The corporation’s adjusted basis for the land is its cost of $115,000.

b. Amount realized Adjusted basis Realized loss Recognized loss

$115,000 (140,000) ($ 25,000) $ –0–

Losses on sales to a controlled partnership (greater than 50%) are disallowed under the related-party rules. The partnership’s adjusted basis for the land is its cost of $115,000.

177. a.

Faith’s adjusted basis is $1,100,000 ($11,000,000 × 10%), which is her share of the fair market value of the land on the alternate valuation date.

Since the property is inherited, Faith’s holding period is automatically long term.

Jan receives interest payments of $10,000 each year. This amount is included in her gross income because the bonds are taxable.

Jan deducts the premium amortization of $1,600 for the first year because the bonds are taxable.

Jan’s adjusted basis for the bonds at the end of the first year is $263,400 ($265,000 cost – $1,600 premium amortization).

178.

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Chap_07_2023 179. $310,000 (325,000) ($ 15,000) $ –0–

Amount realized ($300,000 + $10,000) Adjusted basis Realized loss Recognized loss

A realized gain or loss must be postponed if a like-kind exchange occurs. Basis for land: $300,000 15,000 $315,000

Fair market value Plus: Postponed loss Basis

$ 10,000

Basis of the cash

180. Amount realized Adjusted basis for bonds Realized gain Recognized gain

$400,000 (400,000) $ –0– $ –0–

Amortization of the premium on tax-exempt bonds is mandatory. Thus, the adjusted basis of the bonds at the maturity date is $400,000 ($430,000 cost – $30,000 premium amortized). Since the bonds are tax-exempt, the amount of interest income included in Boyd’s gross income (i.e., $0) is not affected by the amortization of the bond premium. 181. Only item b. (investment realty for investment realty or business realty) qualifies. Items a. (inventory for land) and c.(business personalty for business personalty) do not qualify because some of the property is not real property. Item d. does not qualify because foreign realty is exchanged for domestic realty. Item e. does not qualify because it involves nonreal property (shares of stock are not eligible for like-kind exchange treatment). 182. Amount realized Adjusted basis Realized gain

$350,000 (315,000) $ 35,000

Required reinvestment Less: Deficiency (recognized gain) Actual reinvestment

$350,000 (20,000) $330,000

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Chap_07_2023 183.

To the extent of the substantially identical shares purchased during the 61day period beginning 30 days before April 27 and ending 30 days after April 27, the transaction is a wash sale. The realized loss on the April 27 sale is $800 ($5,200 amount realized – $6,000 adjusted basis of 400 shares). Because Mitch acquired fewer shares than he sold, only a portion of the realized loss is disallowed. The disallowed loss is $600 [(300 shares acquired/400 shares sold) × $800] and the recognized loss is $200 ($800 – $600).

Mitch’s adjusted basis for the stock acquired on May 5, 2022, is $4,200 ($3,600 purchase price + $600 disallowed loss).

The tax consequences would have been the same. Mitch has a wash sale to the extent of the 300 shares purchased. To avoid the limitations of the wash sale, he should not purchase substantially identical stock within the 61-day window for a wash sale.

184. Amount realized (trade-in value) Adjusted basis Realized loss

$19,000 (48,000) ($29,000)

Since the car was a personal use asset, none of the realized loss of $29,000 is recognized. Ollie’s adjusted basis for the SUV is his cost of $49,000. 185. a.

Liam’s gain basis is $32,000 and his loss basis is $12,000.

Liam’s holding period for gain begins on July 1, 2019 and his holding period for loss begins on July 3, 2022.

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Chap_07_2023 186. Amount realized Adjusted basis Realized loss Recognized loss

$34,000 (39,000) ($ 5,000) ($ 5,000)

187. The portion of the purchase price of $1,500,000 million assigned to the identified assets is as follows. Prepaid season tickets Stadium lease Player contracts Equipment

$ 150,000 400,000 100,000 500,000 $1,150,000

The residual value of $350,000 ($1,500,000 – $1,150,000) is assigned to goodwill. 188. Annette’s realized gain or loss is zero and her recognized gain or loss is zero. Since a sale or other disposition has not occurred, there is no realization or recognition on either the stock or the bond. 189. Amount realized Less: Adjusted basis Recognized gain

Option 1 $225,000 (100,000) $125,000

Option 2 $225,000 (100,000) $125,000

Since the liability assumption is included in the calculation of Ken’s amount realized, the recognized gain is $125,000, the same as for the cash sale.

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Chap_07_2023 190. a. This is a nontaxable like-kind exchange. No gain or loss is recognized, and the basis for the new warehouse (in Ohio) is $560,000, the same as the basis for the old warehouse (in Michigan). b.

FMV of Ohio warehouse Cash Amount realized Adjusted basis of Michigan warehouse Realized gain

$525,000 100,000 $625,000 (560,000) $ 65,000

Recognized gain

$ 65,000

FMV of Ohio warehouse Less: Postponed gain Basis of New Jersey warehouse

$525,000 –0– $525,000

c. The answer would the same as in b. (The assumption of liability by the other party is treated as boot received.) 191. To qualify for § 121 exclusion treatment on the sale of a principal residence, Katrina must have owned and used the residence as her principal residence for at least two years during the five-year period ending on the date of sale. Katrina meets this requirement. The ownership and use requirements do not have to be the same period of time. She resided in the house from January 1, 2022 through June 30, 2025 (a period of three and one-half years). She owned it from January 1, 2024 through December 31, 2026 (a period of three years). It is not necessary that the property be Katrina’s principal residence at the date of the sale.

Amount realized ($350,000 – $20,000) Adjusted basis Realized gain § 121 exclusion Recognized gain

$330,000 (150,000) $180,000 (180,000) $ –0–

192. a.

Melody reports no gross income because the dividend is a nontaxable stock dividend.

Melody’s total stock basis remains at $1,000,000.

The basis per share decreases to $95.24 per share ($1,000,000/10,500 shares).

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Chap_07_2023 193. a.

Since Omar’s objective is to minimize recognized gain and maximize recognized loss, he will identify the specific shares (i.e., specific identification method) being sold. He will select high basis shares to achieve his objective.

Sale of Blue Stock Amount realized Basis: 200 shares from 6/2020 lot ($15 per share) 50 shares from 2/2022 lot ($12 per share)

$3,500 $3,000 600

Realized loss Recognized loss

(3,600) ($ 100) ($ 100)

Sale of Yellow Stock

Amount realized

$7,200

Basis: 175 shares from 3/2022 lot ($30 per share)

$5,250

25 shares from 4/2021 lot ($25 per share)

625

$1,325

Realized gain

$1,325

Recognized gain

(5,875)

Since Omar does not identify the shares sold, he is required to use the FIFO method.

Sale of Blue stock Amount realized Basis: 200 shares from 6/2020 lot ($15 per share) 50 shares from 2/2022 lot ($12 per share) Realized loss Copyright Cengage Learning. Powered by Cognero.

$3,500 $3,000 600

(3,600) ($ 100) Page 62

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Chap_07_2023 Recognized loss

($ 100)

Sale of Yellow stock Amount realized Basis: 50 shares from 4/2021 lot ($25 per share) 150 shares from 3/2022 lot ($30 per share) Realized gain

$7,200 $1,250 4,500

Recognized gain

(5,750) $1,450 $1,450

194. a. and b. Dividend income (Lilac’s earnings and profits) Return of capital (Kiara’s basis in the stock) Capital gain (presuming the stock is a capital asset) Total distribution c.

$ 90,000 45,000 25,000 $160,000

Kiara’s adjusted basis for her stock is $0.

195. Carlos is eligible for § 121 exclusion treatment. At the date of the sale of his residence, he owned and occupied it as his principal residence for at least two years during the 5-year period ending on the date of sale. Amount realized ($400,000 – $20,000) Adjusted basis Realized gain § 121 exclusion Recognized gain

$380,000 (125,000) $255,000 (250,000) $ 5,000

Whether Carlos replaces his principal residence is not relevant in determining his qualification for the § 121 exclusion. His basis for his new residence is the cost of $275,000.

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Chap_07_2023 196. a.

Because the fair market value of each asset exceeds Ted's basis, Jerry has a carryover basis in the assets (land: $150,000; building: $90,000). Jerry’s holding period (which also carries over from Ted) begins on March 5, 2019.

b. Because the land and building have declined in value, Jerry will have different gain and loss bases. Jerry’s basis for gain is: Land Building

$150,000 90,000

Jerry’s basis for loss (the lower of Ted’s adjusted basis or the FMV at the date of the gift) is: Land Building

$89,000 60,000

Jerry’s holding period begins on March 5, 2019 (for the gain basis) and September 18, 2022 (for the loss basis).

197. a.

Amount realized ($33,000 + $4,000)

$37,000

Adjusted basis

(32,000)

Realized gain

$ 5,000

Recognized gain

$ 4,000

Fair market value

$33,000

Less: Postponed gain

(1,000)

Basis of the land

$32,000

Basis of the cash

$ 4,000

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Chap_07_2023 198. In this circumstance, the car is dual basis property. The adjusted basis to the sole proprietorship for gain is $30,000 and the adjusted basis for loss is $16,000. The loss basis of $16,000 is used in calculating cost recovery. 199. Amount realized ($600,000 – $30,000) Adjusted basis Realized gain § 121 exclusion Recognized gain

$570,000 (175,000) $395,000 (250,000) $145,000

The repair expenses of $15,000 do not affect the calculation. 200. Cash Mortgage (property taken subject to) Note receivable Amount realized Adjusted basis Realized gain

$500,000 200,000 100,000 $800,000 (460,000) $340,000

201. The fair market value of property received in a sale or other disposition has been defined by the courts as the price at which property will change hands between a willing seller and a willing buyer when neither is compelled to sell or to buy. 202. The property received is considered to be a continuation of the property exchanged (i.e., nothing of economic significance has occurred). Therefore, a realized gain or realized loss is not recognized, and the property received has a carryover basis and holding period. 203. Adjusted basis is determined as follows: Cost (or other adjusted basis) on date of acquisition + Capital additions – Capital recoveries = Adjusted basis 204. a.

Louis satisfies the § 121 exclusion requirement. He has owned and occupied the residence for at least two years during the 5-year period ending on the date of sale.

No. The Covington home does not qualify as his principal residence. The principal residence is where the taxpayer lives most of the time. For Louis, this is the efficiency apartment in New Orleans.

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Chap_07_2023 205. The brother is a related party under the § 267 loss disallowance provision. Consequently, the realized loss on the sale of the investment property is disallowed. The brother’s basis for the investment property is its cost. However, if the brother sells the investment property at a realized gain, he can offset this gain with as much of the prior disallowed loss as is needed to reduce it to zero. Otherwise, the disallowed loss is wasted. Because a niece is not treated as a related party under § 267, the realized loss on the sale of the investment property is recognized. The niece’s basis for the investment property is its cost. 206. The tests for qualifying replacement property are: ∙ ∙ ∙

Functional use test: This test applies to owners-users. The taxpayer’s use of the replacement property and the involuntary converted property must be the same. Taxpayer use test: This test applies to owner-investors. The properties must be used by the taxpayer (owner-investor) in similar endeavors. Special test for condemnations: This test applies when business real property or investment real property is condemned. In this case, the broader replacement rules for like-kind exchanges replace the narrower replacement rules discussed above.

207. The relief provision that permits partial § 121 exclusion treatment is available in any of the following situations.

∙ ∙ ∙

Change in place of employment. Health effects. To the extent provided for in the Regulations, other unforeseen circumstances.

208. There is a mandatory postponement of realized gain or realized loss on like-kind exchanges. Therefore, the basis for the replacement property is a carryover basis, and the holding period is a carryover holding period. 209. Under no circumstance can Maurice recognize (deduct) a loss on the sale of a personal use asset. Note that if the automobile had been used in a trade or business or held for the production of income, the loss could have been deducted. If the personal use asset was sold at a realized gain, the realized gain would be recognized. 210. The following requirements must be satisfied to receive like-kind exchange treatment: ∙ ∙ ∙

The form of the transaction is an exchange. Both the property transferred and the property received are held either for productive use in a trade or business or for investment. The property is like-kind property (i.e., real property).

211. Upon conversion from personal use to business use, the building receives dual basis treatment. That is, Joseph’s gain basis for the building is $50,000, the adjusted basis on the date of the conversion from personal use to business use. Joseph’s loss basis is $40,000, the lower of the adjusted basis or the fair market value on the date of the conversion. Justin’s basis for the building upon receipt of the gift is treated in the same manner according to gift basis rules (i.e., dual basis treatment).

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Chap_07_2023 212. Yes, temporary absences such as vacations do not invalidate the requirement that the taxpayer use the house as a principal residence for at least two years during the 5-year period ending on the date of the sale. 213. Realized gain serves as the ceiling on the amount of the gain that is recognized in a like-kind exchange. If no boot is received, then none of the realized gain is recognized. If boot is received and its fair market value is less than the realized gain, then gain is recognized to the extent of the boot received. If boot is received and its fair market value is greater than the realized gain, then gain is recognized to the extent of the realized gain (i.e., full recognition occurs). 214. Yes; the wash sale rules apply because Tariq purchased substantially identical securities within the 61-day window that applies under § 1091. 215. Plus two years is replaced with plus three years (i.e., an additional year to make the replacement is provided). 216. Capital gain will result if the amount of the distribution exceeds the corporation’s earnings and profits and the shareholder’s basis in the stock. 217. The holding period for inherited property is always long term. For gift property, if the donee’s basis is the donor’s adjusted basis (i.e., gain basis), the holding period starts on the date the property was acquired by the donor. If the donee’s basis is fair market value (i.e., loss basis), the holding period starts on the date of the gift. 218. A deductible casualty loss reduces the basis of property. 219. For the taxpayer who is transferring the liability, the liability increases the amount realized because it is treated as boot received. For the taxpayer who is assuming the liability, the liability increases this taxpayer’s adjusted basis for the property and is treated as boot given. 220. Melissa is eligible for a maximum § 121 exclusion of $250,000. Even if Melissa and Matt file a joint return, the maximum § 121 exclusion still is $250,000. To increase the § 121 maximum exclusion amount from $250,000 to $500,000 on a joint return, Matt would need to be eligible for the § 121 exclusion. He is ineligible on Melissa’s sale of her residence because he has not occupied the residence for at least two years. 221. Realized gains from involuntary conversions are recognized unless the taxpayer elects postponement treatment under § 1033. To defer the realized gain, the taxpayer must reinvest an amount at least equal to the amount realized in qualifying property within the statutory time period. If there is an investment deficiency, realized gain is recognized to the extent of the deficiency. The ceiling on gain recognition is the realized gain. Note that for a direct conversion (i.e., into property), the deferral provision is mandatory (i.e., an election is not required). 222. An involuntary conversion results from the destruction (complete or partial), theft, seizure, requisition, condemnation, or sale or exchange under threat or imminence of requisition or condemnation of the taxpayer’s property. 223. The excess is not allocated among the acquired assets. Instead, the excess is assigned to goodwill. 224. To the extent of corporate earnings and profits, a distribution to a shareholder is treated as dividend income. When the distribution exceeds corporate earnings and profits, a distribution to a shareholder is treated as a return of capital (i.e., tax-free to the extent of shareholder basis and capital gain for any excess). 225. Business losses are § 1231 losses, personal casualty and theft losses are itemized deductions, and personal condemnation losses are not recognized. 226. Assuming the property is not personal use property (where neither the decedent nor the beneficiary is able to deduct any of the loss), the decedent should sell the property prior to their death. This allows the decedent to recognize the loss on the property. Copyright Cengage Learning. Powered by Cognero.

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Chap_07_2023 227. The property exchanged may not qualify for like-kind exchange treatment for several reasons. First, the property involved in the exchange (i.e., transferred and received) must be business use or investment property. Thus, personal use property does not qualify. In addition, only realty qualifies as like-kind property (i.e., inventory, partnership interests, stocks and bonds are not like-kind property). Second, one kind or class of property may not be exchanged for a different kind or class (i.e., real property for personal property; only real property for real property qualifies for like-kind exchange treatment). Third, real property located in the United States exchanged for foreign real property (and vice versa) does not qualify as like-kind property. 228. If mandatory amortization were not required for tax-exempt bonds, a taxpayer who held such bonds to maturity would have a recognized loss to the extent of the premium. This is not consistent with the rule that interest earned on the bonds is tax-exempt. Mandatory amortization, therefore, results in the adjusted basis of the bonds ultimately being equal to the maturity value. Thus, no loss results upon maturity. Furthermore, the amortization of the premium on taxexempt bonds is not deductible. For the taxable bonds and if the taxpayer does not elect to amortize the premium, a recognized capital loss results to this extent at maturity. Typically, the taxpayer will elect to amortize the premium so that it can be claimed over the life of the bond as an ordinary (rather than capital) deduction. 229. a.

Part of the adjusted basis of the common stock must be allocated to the preferred stock, thereby decreasing the basis of the common.

The amount that is allocated to the preferred stock is based on the relative fair market values of the common stock and the preferred stock on the date of the distribution.

Since the preferred stock dividend is nontaxable, it has no effect on Tara’s gross income.

230. The following questions need to be answered.

Is there a realized gain or loss? ∙ If so, is the gain or loss recognized? ∙ If the gain or loss is recognized, is it ordinary or capital? ∙ ∙

What is the basis of any replacement property that is acquired?

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Chap_07_2023 231. Jamie appears to like Sam best. Sam receives the most beneficial tax treatment by receiving a stepped-up basis (i.e., fair market value on the date of Jamie’s death) in the inherited property. Therefore, he would recognize less gain than Jim. Further, he would not have to deal with the dual basis issue like Will if he decided to sell the property. Because Jim receives a gift of appreciated property, he will realize gain equal to the amount of appreciation if he decides to sell. This is because his basis (i.e., carryover) is equal to Jamie’s adjusted basis. Jamie appears to be indifferent about Will. A gift of depreciated property receives a loss basis to Will of the lower of the adjusted basis or the fair market value on the date of the gift. This eliminates a possible loss deduction for Jamie and prevents Will from taking a loss deduction for the decline in value while Jamie owned the property. On the other hand, Will’s gain basis is equal to Jamie’s adjusted basis for the property (and is greater than Sam’s basis). Therefore, if the property appreciates while owned by Will, he will have recognized gain on the sale only if the property appreciates to a fair market value in excess of Jamie’s adjusted basis for the property. 232. a.

In a community property state, Ai’s basis for the property will be stepped up to fair market value for both the decedent’s share and the survivor’s share of the community property (i.e., $250,000 + $250,000 = $500,000).

In a common law state, her basis will be stepped-up only for the decedent’s share (i.e., $250,000 + $200,000 = $450,000).

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Chap_08_2023 Indicate whether the statement is true or false. 1. When a patent is transferred, the most common forms of payment received by the transferor are a lump sum and/or a periodic payment. a. True b. False 2. Section 1231 property generally does not include artistic compositions. a. True b. False 3. Property sold to a related party that is depreciable by the purchaser may cause the seller to have ordinary gain. a. True b. False 4. Section 1231 lookback losses may convert some or all of § 1245 gain into ordinary income. a. True b. False 5. If the holder of an option fails to exercise the option, the lapse of the option is considered a sale or exchange on the option expiration date. a. True b. False 6. If a capital asset is sold at a gain, the holding period is important. a. True b. False 7. A lease cancellation payment received by a lessee is generally treated as an exchange because the lease extinguished is usually a capital asset. a. True b. False 8. A business taxpayer sells depreciable business property with an adjusted basis of $40,000 for $32,000. The taxpayer held the property for more than a year and has an $8,000 capital loss. a. True b. False 9. The holding period of property given up in a like-kind exchange includes the holding period of the asset received if the property that has been exchanged is a capital asset. a. True b. False

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Chap_08_2023 10. For tax purposes, there is no original issue discount on a bond unless the bond is issued for less than its face value and the difference between the face value and the bond issue price is at least one-fourth of 1% of the redemption price at maturity multiplied by the number of years to maturity. a. True b. False 11. Since the Code section that defines capital asset says what is not a capital asset, other Code sections have to help determine what is and what is not a capital gain or loss. a. True b. False 12. To compute the holding period, start counting on the day after the property was acquired and include the day of disposition. a. True b. False 13. Tom has owned 40 shares of Orange Corporation stock for five years. He sells the stock short for a total of $1,100. One month later, he closes the short sale by purchasing and delivering 40 shares of Orange Corporation stock for a total of $600. Tom has a $500 short-term capital gain. a. True b. False 14. The maximum § 1245 depreciation recapture generally equals the accumulated depreciation. a. True b. False 15. The § 1245 depreciation recapture potential does not reduce the amount of the charitable contribution deduction under § 170. a. True b. False 16. A franchisor licenses its mode of business operation to a franchisee. a. True b. False 17. Lease cancellation payments received by a lessor are always ordinary income because they are considered to be in lieu of rental payments. a. True b. False 18. Short-term capital losses are netted against long-term capital gains, and long-term capital losses are netted against short-term capital gains. a. True b. False

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Chap_08_2023 19. Short-term capital gain is eligible for a special tax rate only when it exceeds long-term capital gain. a. True b. False 20. Section 1245 applies to amortizable § 197 intangible assets. a. True b. False 21. If § 1231 asset casualty gains and losses net to a gain, the gain is treated as a § 1231 gain. a. True b. False 22. Part III of 2021 Form 4797 is used to report gains from the sale of depreciable business equipment sold at a gain and held more than one year. a. True b. False 23. Section 1231 property includes nonpersonal use property whose casualty gains exceed casualty losses for the taxable year. a. True b. False 24. A sheep must be held more than 18 months to qualify as a § 1231 asset. a. True b. False 25. The tax law requires that capital gains and losses be separated from other types of gains and losses because there are limitations on the deduction of net capital losses. a. True b. False 26. Section 1231 applies to the sale or exchange of business properties but not to personal use activity casualties. a. True b. False 27. The effect of § 1244 may be to convert a capital loss into an ordinary loss deductible for adjusted gross income. a. True b. False 28. For § 1245 recapture to apply, accelerated depreciation must have been taken on the property. a. True b. False 29. The tax status of an asset refers to whether the asset is a capital asset, a § 1231 asset, or an ordinary asset. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_08_2023 30. Confusingly, §1221 defines what is not a capital asset. a. True b. False 31. Nonrecaptured § 1231 losses from the six prior tax years may cause current-year net § 1231 gain to be treated as ordinary income. a. True b. False 32. Rental use depreciable machinery held more than 12 months is an example of a § 1231 asset. a. True b. False 33. Section 1231 property generally includes certain purchased intangible assets (such as patents and goodwill) that are eligible for amortization and held for more than one year. a. True b. False 34. Casualty gains and losses from nonpersonal use assets are not netted against casualty gains and losses from personal use assets. a. True b. False 35. Section 1231 property generally does not include accounts receivables arising in the ordinary course of business. a. True b. False 36. In order to be long term, the holding period must include at least parts of two tax years. a. True b. False 37. An individual taxpayer with 2022 net short-term capital loss of $5,000 generally can deduct up to $3,000 for AGI and carry the balance forward to 2023. a. True b. False 38. Depreciation recapture under § 1245 and § 1250 is reported on Form 4797. a. True b. False 39. An accrual basis taxpayer accepts a note receivable from a retail customer with a weak credit rating. The taxpayer immediately sells the note to a bank for less than the note’s stated value. The taxpayer has an ordinary loss. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_08_2023 40. A net short-term capital loss first offsets any 28% net long-term capital gain before it offsets either 25% net long-term capital gain or 0%/15%/20% net long-term capital gain. a. True b. False 41. The only thing that the grantee of an option may do with the option is to exercise it or let it expire. a. True b. False 42. The maximum amount of the unrecaptured § 1250 gain (25% gain) is the depreciation taken on real property sold at a recognized gain. a. True b. False 43. The Code contains two major depreciation recapture provisions: § 1245 and § 1250. a. True b. False 44. Involuntary conversion gains may be deferred if the proceeds of the involuntary conversion are reinvested. a. True b. False 45. A net § 1231 loss is treated as an ordinary loss. a. True b. False 46. Individuals who are not professional real estate developers may get capital gain treatment for the sale of their real property if they engage only in limited development activities. a. True b. False 47. An individual taxpayer received a valuable painting from his uncle, a famous artist who painted it. After the taxpayer held the painting for two years, he sold it for a $400,000 gain. The gain is a long-term capital gain. a. True b. False 48. The subdivision of real property into lots for resale when no substantial physical improvements have been made to the property never causes the gain from sale of the lots to be treated as ordinary income. a. True b. False 49. Once § 1231 gains are netted against § 1231 losses, if the gains exceed the losses, the net gain is offset by the lookback nonrecaptured § 1231 losses. a. True b. False

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Chap_08_2023 50. Section 1250 depreciation recapture will apply when accelerated depreciation was used on property employed outside the United States and that is sold at a gain. a. True b. False 51. Section 1245 depreciation recapture potential does not carry over from a deceased taxpayer to the beneficiary taxpayer. a. True b. False 52. An individual business taxpayer owns land on which he grows trees for logging. The land has been held more than 10 years and the trees growing on the land were planted eight years ago. Normally, the timber would be inventory for this taxpayer, but the tax law allows the taxpayer to elect to treat cutting the timber as the disposition of a § 1231 asset. a. True b. False 53. A personal use property casualty loss that occurs in a nonfederally declared disaster area is deductible only to the extent it exceeds 10% of AGI. a. True b. False 54. A corporation has a $50,000 short-term capital loss for the year. The corporation has $1,200,000 of taxable income from other sources. The taxable income for the year is $1,200,000. a. True b. False 55. Personal use property casualty gains and losses are not subject to the § 1231 rules. a. True b. False 56. A security that was purchased by an individual and qualifies as § 1244 stock becomes worthless. The taxpayer is single and the loss is $30,000. The loss is treated as an ordinary loss. a. True b. False 57. The tax law requires that capital gains and losses be separated from other types of gains and losses because an alternative tax calculation may be used when taxable income includes net long-term capital gain. a. True b. False

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Chap_08_2023 Indicate the answer choice that best completes the statement or answers the question. 58. Martha has both long-term and short-term 2022 capital gains and losses. The result of netting these gains and losses is a net long-term capital loss. Martha has no qualified dividend income. Also, her 2022 taxable income puts her in the 24% tax bracket. Which of the following is correct? a. Martha will use Parts I, II, and III of 2022 Form 1040 Schedule D. b. Martha will not benefit from the special treatment for long-term capital gains. c. Martha will have a capital loss deduction. d. All of these. 59. Violet, Inc., has a 2022 $80,000 long-term capital gain included in its $285,000 taxable income. Which of the following is correct? a. Violet will benefit from an alternative tax on net capital gains computation. b. Violet’s regular tax on taxable income is computed because there is no corporate alternative tax on net capital gains approach. c. Violet’s $80,000 net capital gain is not taxable. d. Violet’s regular tax on taxable income will be greater than its tax using an alternative tax on net capital gain approach. 60. Stella purchased vacant land in 2015 that she subdivided for resale as lots. All 10 of the lots were sold during 2022. Each lot had a tax basis of $12,000 and sold for $35,000. Stella made no substantial improvements to the lots. She acted as her own real estate broker; so there were no sales expenses for selling the lots. Which of the following statements is correct? a. Stella must hold the lots for at least five years before she is eligible for the special capital gain treatment of § 1237. b. The $230,000 gain from the sale of the 10 lots is all ordinary income. c. All of the $230,000 gain from the sale of the 10 lots is long-term capital gain. d. To be eligible for the special capital gain treatment of § 1237, Stella must be a real estate dealer. 61. Emilio owns vacant land he is holding for investment. Two years ago he granted an option to purchase the land. The option grantee paid $25,000 for the option. This year the option expired unexercised. As a result, Emilio has: a. A $25,000 long-term capital gain. b. A $25,000 short-term capital gain. c. A $25,000 ordinary gain. d. No recognized gain or loss. 62. Jillian, a single taxpayer, has a net long-term capital gain for the year, and it is all made up of 25% long-term capital gain. She has positive taxable income for the year. Which of the following is not a possible tax rate that could be applied in taxing this gain as part of her taxable income? a. 0%. b. 12%. c. 20%. d. Choices a. and c.

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Chap_08_2023 63. Virgil was leasing an apartment from Marple, Inc. Marple paid Virgil $1,000 to cancel his lease and move out so that Marple could demolish the building. As a result: a. Virgil has a $1,000 capital gain. b. Virgil has a $1,000 capital loss. c. Marple has a $1,000 capital loss. d. Marple has a $1,000 capital gain. 64. Which of the following comparisons is correct? a. Corporations may carry back capital losses; individuals may not. b. Both corporation and individual long-term capital losses carry over as short-term capital losses. c. Corporations may carry forward capital losses indefinitely; individuals may carry forward capital losses for only five years. d. Both corporations and individuals may use an alternative tax rate on net capital gains. 65. On June 1, 2022, Brady purchased an option to buy 1,000 shares of General, Inc. at $40 per share. He purchased the option for $3,000. It was to remain in effect for five months. The market experienced a decline during the latter part of the year, so Brady decided to let the option lapse as of December 1, 2022. On his 2022 tax return, what should Brady report? a. A $3,000 long-term capital loss. b. A $3,000 short-term capital loss. c. A $3,000 § 1231 loss. d. A $3,000 ordinary loss. 66. A barn held more than one year and used in a business is destroyed in a tornado. The barn originally cost $356,000 and was fully depreciated using straight-line depreciation. The barn was insured for its $543,000 replacement cost minus a deductible of $1,000. Which of the following statements is correct concerning these facts? a. The barn was a long-term personal use asset. b. There is a casualty loss from disposition of the barn. c. The recognized gain from disposition of the barn is $186,000. d. The recognized gain from disposition of the barn is subject to special netting rules. 67. Red Company had an involuntary conversion on December 23, 2022. The machinery had been acquired on April 1, 2020, for $49,000 and its adjusted basis was $14,200. The machinery was completely destroyed by fire and Red received $10,000 of insurance proceeds for the machine and did not replace it. This was Red’s only casualty or theft event for the year. As a result of this event, Red initially has: a. $10,000 § 1231 loss. b. $10,000 § 1245 recapture gain. c. $4,200 casualty loss. d. $4,200 § 1231 loss.

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Chap_08_2023 68. An individual has a $40,000 § 1245 gain, a $35,000 § 1231 gain, a $33,000 § 1231 loss, a $3,000 § 1231 lookback loss, and a $15,000 long-term capital gain. The net long-term capital gain is: a. $30,000. b. $40,000. c. $17,000. d. $15,000. 69. The tax law requires that capital gains and losses be separated from other types of gains and losses. Among the reasons for this treatment are: a. Long-term capital gains may be taxed at a lower rate than ordinary gains. b. Short-term capital losses are not deductible. c. Net capital loss is deductible only up to $3,000 per year for individual taxpayers. d. Choices a. and c. 70. Stanley operates a restaurant as a sole proprietorship. Which of the following items are capital assets in his hands? a. The restaurant’s tables and chairs. b. A portable sound system used to play theme music for the restaurant. c. The restaurant building that is an asset of the sole proprietorship. d. An interest-bearing savings account used to keep the restaurant’s excess cash. 71. Which of the following is correct? a. Improperly classifying a § 1231 loss as a capital loss might affect adjusted gross income. b. Improperly classifying a capital loss as a § 1231 loss might affect adjusted gross income. c. Misclassifying a § 1231 gain as a short-term capital gain might affect adjusted gross income. d. All of these. 72. Thoren has the following items for the year: $4,000 of short-term capital gain, $5,000 of 0%/15%/20% long-term capital gain, and $1,500 of 28% capital loss. Which of the following is correct? a. The $1,500 loss will first be offset by the $4,000 short-term gain. b. The $1,500 loss will first be offset by the $5,000 long-term gain. c. The $4,000 short-term gain will first be offset by the $5,000 long-term gain. d. The taxpayer will have a net short-term capital loss. 73. Orange Company had machinery completely destroyed by a fire on December 23, 2022. The machinery had been acquired on April 1, 2020, for $49,000 and its adjusted basis was $14,200. Orange received $30,000 of insurance proceeds for the machinery and did not replace it. This was Orange’s only casualty or theft event for the year. As a result of this event, Orange has: a. $4,200 ordinary loss. b. $15,800 § 1245 recapture gain. c. $14,200 § 1245 recapture gain. d. $30,000 § 1231 gain.

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Chap_08_2023 74. Which of the following events could result in § 1250 depreciation recapture? a. Sale at a loss of a depreciable business building held more than one year. b. Sale at a gain of qualified improvement property held more than a year on which bonus depreciation [§ 168(k)] was taken. c. Sale at a loss of a depreciable business building held for nine months. d. Sale at a gain of depreciable equipment held more than a year on which straight-line depreciation was taken. 75. Maria owns depreciable residential rental real estate that has accumulated depreciation of $65,000 (all from straight-line) . If Maria sold the property, she would have a $53,000 gain. The initial characterization of the gain would be: a. Section 1245 gain. b. Section 1231 gain. c. Section 1250 gain. d. Section 1239 gain. 76. White Company acquires a new machine for $75,000 and uses it in White’s manufacturing operations. A few months after White places the machine in service, it discovers that the machine is not suitable for White’s business. White had fully expensed the machine in the year of acquisition using § 179. White sells the machine for $60,000 in the tax year after it was acquired but held the machine only for a total of 10 months. What was the tax status of the machine when it was disposed of and the amount of the gain or loss? a. A capital asset and $60,000 gain. b. An ordinary asset and $60,000 gain. c. A § 1231 asset and $60,000 gain. d. A § 1231 asset and $60,000 loss. 77. Tan, Inc., sold a forklift on April 12, 2022, for $8,000 (its FMV) to its 100% shareholder, Ashley. Tan’s adjusted basis for the forklift was $12,000. Ashley’s holding period for the forklift: a. Includes Tan’s holding period for the forklift. b. Begins on April 12, 2022. c. Begins on April 13, 2022. d. Does not begin until Ashley sells the forklift. 78. Verway, Inc., has a 2022 net § 1231 gain of $55,000 and had a $62,000 net § 1231 loss in 2021. For 2022, Verway’s net § 1231 gain is treated as: a. $55,000 ordinary loss. b. $55,000 ordinary gain. c. $55,000 capital loss. d. $55,000 capital gain.

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Chap_08_2023 79. Ramon is in the business of buying and selling securities. Which of the following is a capital asset for Ramon? a. The securities he designates as held for investment at the end of the day of acquisition. b. The securities he holds more than 12 months. c. All the securities he owns. d. Choices a., b., and c. 80. On June 10, 2022, Ebon, Inc. acquired an office building as a result of a like-kind exchange. Ebon had given up a factory building that it had owned for 26 months as part of the like-kind exchange. Which of the following statements is correct? a. The holding period of the factory building includes the holding period of the office building. b. The holding period of the office building starts on June 11, 2022. c. The holding period of the office building starts on June 10, 2022. d. The holding period of the office building includes the holding period of the factory building. 81. Cason is filing as single and has 2022 taxable income of $36,000 which includes $34,000 0%/15%/20% net longterm capital gain. What is his tax on taxable income using the alternative tax method? Note: Use the tax rate schedule rather than the tax table. a. $0 b. $200 c. $300 d. $4,115 82. A worthless security had a holding period of six months when it became worthless on December 10, 2022. The investor who had owned the security had a basis of $20,000 for it. Which of the following statements is correct? a. The investor has a long-term capital loss of $20,000. b. The investor has a short-term capital loss of $20,000. c. The investor has a nondeductible loss of $20,000. d. The investor has a short-term capital gain of $20,000. 83. Ryan has the following capital gains and losses for 2022: $6,000 STCL, $5,000 28% gain, $2,000 25% gain, and $6,000 0%/15%/20% gain. Which of the following is correct: a. The net capital gain is composed of $1,000 25% gain and $6,000 0%/15%/20% gain. b. The net capital gain is composed of $5,000 28% gain and $2,000 0%/15%/20% gain. c. The net capital gain is composed of $3,000 28% gain, $2,000 25% gain, and $2,000 0%/15%/20% gain. d. The net capital gain is composed of $1,000 28% gain and $6,000 0%/15%/20% gain. 84. Which of the following events causes the purchaser of an option to add its cost to the basis of the property to which the option relates? a. The option is exercised. b. The option is sold. c. The option lapses. d. The option is rescinded.

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Chap_08_2023 85. Hiram is a computer engineer and, while unemployed, invents a switching device for computer networks. He patents the device but does not reduce it to practice. Hiram has a zero tax basis for the patent. In consideration of $800,000 plus a $1 royalty per device sold, Hiram assigns the patent to a computer manufacturing company. He assigns all substantial rights in the patent. Which of the following is correct? a. Hiram automatically has long-term capital gain from the lump-sum payment, but not from the royalty payments. b. Hiram automatically has long-term capital gain from the royalty payments but not from the lump-sum payment. c. Hiram automatically has long-term capital gain from both the lump-sum payment and the royalty payments. d. Hiram does not have automatic long-term capital gain from either the lump-sum payment or the royalty payments. 86. Property is acquired in a qualifying like-kind exchange. The acquired property is sold three months after it is acquired. Which of the following is correct? a. Since the holding period of the property given up in the exchange tacks to the holding period of the acquired property, the holding period of the acquired property could be long-term. b. The holding period of the acquired property is short-term. c. The holding period of property acquired in a like-kind exchange is always long-term. d. When property acquired in a like-kind exchange is disposed of, the holding period is not relevant. 87. A lessor is paid $45,000 by its commercial tenant as a lease cancellation fee. The tenant wanted to get out of its lease so it could move to a different building. The lessor had held the lease for three years before it was canceled. The lessor had a zero tax basis for the lease. The lessor has received: a. Ordinary income of $45,000. b. Long-term capital gain of $45,000. c. Short-term capital gain of $45,000. d. Neither gain nor loss. 88. In 2022, an individual taxpayer has $863,000 of taxable income that includes $48,000 of 0%/15%/20% long-term capital gain. Which of the following statements is correct? a. All of the LTCG will be taxed at 0%. b. All of the LTCG will be taxed at 15%. c. All of the LTCG will be taxed at 20%. d. Some of the LTCG will be taxed at 15% and some at 20%. 89. The possible holding periods for capital assets include: a. Short-term = held 14 months or less. b. Long-term = greater than six months. c. Long-term = greater than 12 months. d. Short-term = greater than 12 months.

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Chap_08_2023 90. In 2021, Jenny had a $12,000 net short-term capital loss and deducted $3,000 as a capital loss deduction. In 2022, Jenny has a $18,000 0%/15%/20% long-term capital gain and no other capital gain or loss transactions. Which of the statements below is correct for 2022? a. Jenny has a $18,000 net capital gain. b. Jenny has a $9,000 net capital gain. c. Jenny has a $9,000 net capital loss. d. Jenny has a $3,000 capital loss deduction. 91. Gold Company signs a 13-year franchise agreement with Silver. Silver retained significant powers, rights, and a continuing interest. Gold (the franchisee) makes noncontingent payments of $18,000 per year for the first four years of the franchise. Gold also pays a contingent fee of 2% of gross sales every month. Which of the following statements is correct? a. Gold may deduct the $18,000 per year noncontingent payments in full as they are made. b. Gold may deduct the monthly contingent fee as it is paid. c. Gold may deduct both the noncontingent annual fee and the contingent monthly fees as they are paid. d. Gold may not deduct either the noncontingent annual fee or the contingent monthly fees as they are paid. 92. Which of the following would cause recognition of § 1245 recapture? a. An exchange of depreciable business equipment for like-kind business equipment with gain realized and recognized. b. A nontaxable incorporation under § 351. c. A nontaxable contribution to a partnership under § 721. d. A nontaxable reorganization. 93. In 2022, Satesh has $5,000 short-term capital loss, $13,000 0%/15%/20% long-term capital gain, and $7,000 qualified dividend income. Satesh is single and has other taxable income of $15,000. Which of the following statements is correct? a. No more than $13,000 of Satesh’s taxable income is taxed at 0%. b. No more than $7,000 of Satesh’s taxable income is taxed at 0%. c. No more than $15,000 of Satesh’s taxable income is taxed at 0%. d. None of Satesh’s taxable income is taxed at 0%. 94. Sara is filing as head of household and has 2022 taxable income of $62,000, which includes $3,000 of net longtem capital gain. The net long-term capital gain is made up of $1,000 25% gain and $2,000 0%/15%/20% gain. What is the tax on her taxable income using the alternative tax method? Note: Use the tax rate schedule rather than the tax table. a. $0 b. $7,757. c. $7,647. d. $7,617.

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Chap_08_2023 95. Vertigo, Inc., has a 2022 net § 1231 loss of $64,000 and had a $32,000 net § 1231 gain in 2021. For 2022, Vertigo’s net § 1231 loss is treated as: a. Ordinary loss. b. Ordinary gain. c. Capital loss. d. Capital gain. 96. Which of the following statements is correct? a. When depreciable property is gifted to another individual taxpayer, the depreciation recapture potential is extinguished. b. When depreciable property is inherited by a taxpayer, the depreciation recapture potential is extinguished. c. When corporate depreciable property is distributed as a dividend, the depreciation recapture potential is generally not recognized. d. When depreciable property is contributed to charity, the depreciation recapture potential has no effect on the amount of the charitable contribution deduction. 97. Business equipment is purchased on March 10, 2021, used in the business until September 29, 2021, and sold at a $23,000 loss on October 10, 2021. The equipment was not suitable for the work the business had purchased it for. The loss on the disposition should be reported on the 2021 Form 4797, Part: a. I. b. II. c. III. d. IV. 98. Which of the following assets held by a cash basis accounting firm is a § 1231 asset? a. An account receivable from a client. b. A desk used in the business and held more than one year. c. A computer used in the business held more than one year and fully depreciated under § 179 when acquired. d. Choices b. and c. 99. Copper Corporation sold machinery for $47,000 on December 31, 2022. The machinery had been purchased on January 2, 2019, for $60,000 and had an adjusted basis of $41,000 at the date of the sale. For 2022, what should Copper report? a. Ordinary income of $6,000. b. A § 1231 gain of $3,000 and $3,000 of ordinary income. c. A § 1231 gain of $6,000. d. A § 1231 gain of $6,000 and $3,000 of ordinary income.

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Chap_08_2023 100. A business taxpayer sells inventory for $80,000. The adjusted basis of the property is $58,000 at the time of the sale and the inventory had been held more than one year. The taxpayer has: a. No gain or loss. b. Sold a long-term capital asset. c. Sold a short-term capital asset. d. An ordinary gain. 101. Lana purchased for $1,410 a $2,000 bond when it was issued two years ago. She amortized $200 of the original issue discount and then sold the bond for $1,800. Which of the following statements is correct? a. Lana has $10 of long-term capital loss. b. Lana has $190 of long-term capital gain. c. Lana has no capital gain or loss. d. Lana has $190 of long-term capital loss. 102. Which of the following is correct concerning short sales of stock at the time the short sale is made? a. The taxpayer does not deliver to the purchaser the shares sold short. b. The taxpayer delivers to the purchaser the shares sold short. c. The taxpayer may already own the shares sold short. d. The taxpayer always already owns the shares sold short. 103. Blue Company sold machinery for $45,000 on December 23, 2022. The machinery had been acquired on April 1, 2020, for $69,000 and its adjusted basis was $34,200. The § 1231 gain, § 1245 recapture gain, and § 1231 loss from this transaction are: a. $0 § 1231 gain, $10,800 § 1245 recapture gain, $0 § 1231 loss. b. $0 § 1231 gain, $0 § 1245 recapture gain, $14,800 § 1231 loss. c. $0 § 1231 gain, $34,200 § 1245 recapture gain, $0 § 1231 loss. d. $0 § 1231 gain, $10,800 § 1245 recapture gain, $34,200 § 1231 loss. 104. In 2022, Mark has $18,000 short-term capital loss, $7,000 28% gain, and $6,000 0%/15%/20% gain. Which of the following statements is correct? a. Mark has a $5,000 capital loss deduction. b. Mark has a $3,000 capital loss deduction. c. Mark has a $13,000 net capital gain. d. Mark has a $5,000 net capital gain. 105. Section 1231 gain that is treated as long-term capital gain carries from the 2021 Form 4797 to the 2021 Form 1040, Schedule D, line ____. a. 8 b. 9 c. 10 d. 11

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Chap_08_2023 106. A retail building used in the business of a sole proprietor is sold on March 10, 2022, for $342,000. The building was acquired in 2012 for $400,000 and straight-line depreciation of $104,000 had been taken on it. What is the maximum unrecaptured § 1250 gain from the disposition of this building? a. $400,000 b. $322,000 c. $104,000 d. $26,000 107. Section 1239 (relating to the sale of certain property between related taxpayers) does not apply unless the property: a. Was depreciated by the transferor. b. Is depreciable in the hands of the transferee. c. Is a capital asset. d. Is real property. 108. Seamus had $16,000 of net short-term capital loss in 2021. In 2022, he has $17,000 of long-term capital loss and $26,000 of long-term capital gain. Which of the following statements is correct? a. Seamus had a $13,000 short-term capital loss carryover to 2022. b. Seamus reports an overall $9,000 net capital gain in 2022. c. Seamus reports an overall $4,000 net short-term capital loss in 2022. d. Choices a. and c. 109. Which of the following would be included in the netting of § 1231 gains and losses? a. Personal use property net casualty gain. b. Section 1231 loss. c. Section 1231 gain. d. Choices b. and c. 110. Which of the following is not a tax status for an asset? a. Capital loss asset. b. Capital asset. c. Section 1231 asset. d. Ordinary asset. 111. A painting that is not of investment quality is acquired by an individual for use in his home. It is later sold at a loss of $45. Which of the following statements is correct? a. The painting was a capital asset. b. The loss on the painting is not deductible. c. The loss on the painting is a deductible capital loss. d. Choices a. and b.

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Chap_08_2023 112. Spencer has an investment in two parcels of vacant land. Parcel 1 is a capital asset and parcel 2 is a § 1231 asset. Spencer already has a short-term capital loss for the year that he would like to offset with capital gain. He has a § 1231 lookback loss that exceeds the gain from the disposition of either land parcel. Spencer wants to sell only one land parcel: each of them would yield the same amount of gain. The gain that would be recognized exceeds the short-term capital loss Spencer already has. Which of the following statements is correct? a. Spencer will have a net capital loss no matter which land parcel he sells. b. Spencer will have a net capital loss if he sells parcel 2. c. Spencer will have a net capital loss if he sells parcel 1. d. Spencer will have a net capital gain if he sells either parcel 1 or parcel 2. 113. Robin Corporation has ordinary income from operations of $30,000, net long-term capital gain of $10,000, and net short-term capital loss of $15,000. What is the taxable income for 2022? a. $25,000 b. $27,000 c. $28,500 d. $30,000 114. Michaela is in the business of creating posters (display art) for the movie industry. She creates a poster and sells it for a lump sum. She has: a. Sold a capital asset. b. Sold an ordinary asset. c. An ordinary gain. d. Choices b. and c. 115. An individual has the following recognized gains and losses from disposition of § 1231 assets (all were vacant land): $15,000 gain, $10,000 loss, $25,000 gain, and $2,000 loss. The individual has a $5,500 § 1231 lookback loss. The individual also has a $16,000 net short-term capital loss from the disposition of stock. Which of the following statements is correct? a. The taxpayer has $5,500 ordinary gain and $6,500 net long-term capital gain. b. The taxpayer has $12,000 net long-term capital gain. c. The taxpayer has $28,000 ordinary gain and $16,000 net short-term capital loss. d. The taxpayer has $5,500 ordinary loss and $6,500 net long-term capital gain. 116. Which of the following real property could be subject to § 1250 depreciation recapture? a. Property placed in service after 1986 on which straight-line depreciation was taken. b. A building on which § 168(k) depreciation was taken. c. Equipment on which accelerated depreciation was taken. d. Land that was not depreciated.

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Chap_08_2023 117. Vertical, Inc., has a 2022 net § 1231 gain of $67,000 and had a $22,000 net § 1231 loss in 2021. For 2022, Vertical’s net § 1231 gain is treated as: a. $45,000 long-term capital gain and $22,000 ordinary loss. b. $67,000 ordinary gain. c. $45,000 long-term capital gain and $22,000 ordinary gain. d. $67,000 capital gain. 118. Which of the following assets held by a manufacturing business is a § 1231 asset? a. Inventory. b. Office furniture used in the business and held less than one year. c. A factory building used in the business and held more than one year. d. Accounts receivable. 119. Recognized gains and losses from the disposition of a capital asset may occur as a result of a: a. Performance of services. b. Purchase of an asset. c. Casualty. d. Collection of an ordinary receivable. 120. Assume that a building is subject to § 1250 depreciation recapture because bonus depreciation [§ 168(k)] was used. The building is destroyed in a hurricane, which is the taxpayer’s only casualty or theft for the year. In which of the following situations could there be a § 1250 depreciation recapture gain? a. There is a loss because the insurance recovery is less than the adjusted basis. b. There is a gain because the insurance recovery exceeds the adjusted basis. c. Because of the length of time the building has been held, there is no remaining additional depreciation. d. There is no insurance recovery and the adjusted basis of the building is greater than zero. 121. Hank inherited Green stock from his mother when she died. She had a tax basis of $366,000 for the Green stock when she died and the Green stock was worth $437,000 at the date of her death. Which of the following statements is correct? a. Hank’s holding period for the Green stock includes his mother’s holding period for the stock. b. Hank’s holding period for the Green stock does not include his mother’s holding period for the stock. c. Hank’s holding period for the Green stock is automatically long term. d. Choices b. and c.

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Chap_08_2023 122. The following assets in Jack’s business were sold in 2022: Asset Office equipment Automobile ABC stock (capital asset)

Holding Period 6 years 8 months 2 years

Gain/(Loss) $1,100 ($ 800) $1,400

Office equipment, purchased for $8,000, had a zero adjusted basis. The automobile was purchased for $2,000 and sold for $1,200. The ABC stock was purchased for $1,800 and sold for $3,200. In 2022 (the year of sale), Jack should report what amount of net capital gain and net ordinary income? a. $1,700 LTCG. b. $600 LTCG and $300 ordinary gain. c. $1,400 LTCG and $300 ordinary gain. d. $2,500 LTCG and $800 ordinary loss. 123. During 2022, an individual had the following gains and losses on property held for the long-term holding period: sale of Orange common stock ($8,000 gain); sale of real property used in the taxpayer’s business ($1,800 loss); destruction of real property used in the taxpayer’s business by fire ($1,000 loss). Which of the following statements is correct? a. The fire loss would reduce the real property sale loss. b. The fire loss would reduce the stock sale gain. c. The sale of real property loss would be netted against the stock sale gain. d. The sale of real property is a § 1231 loss. 124. Samuel, head of household with two dependents, has 2022 wages of $26,000, paid deductible alimony of $3,000, has taxable interest income of $2,000, and a $12,000 0%/15%/20% net long-term capital gain. Samuel uses the standard deduction and is age 38. What is his 2022 taxable income and the tax on the taxable income?

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Chap_08_2023 125. Williams owned an office building (but not the land) that was destroyed by a fire. The building was insured and he has a $156,000 gain because his insurance recovery exceeded his adjusted basis for the building. Williams may replace the building. He had taken $145,000 of depreciation on the building, has no § 1231 lookback loss, has no other § 1231 transactions for the year, and has no Schedule D transactions for the year. What is final nature of his gain for the year and what tax rate(s) apply to the gain if: a.

He does reinvest the insurance proceeds.

If he does not reinvest the insurance proceeds.

126. Carol had the following transactions during 2022: a painting held for two years and sold at a gain of $85,000; 100 shares of Gray stock held six months and sold for a loss of $6,000; 50 shares of Yellow stock held 18 months and sold for a gain of $36,000. Carol also had $264,000 of taxable income from other sources than these property transactions. What is Carol’s net capital gain (or net capital loss) and what is her taxable income?

127. On January 10, 2022, Wally sold an option for $2,000 on vacant land he held as an investment. He had purchased the land in 2018 for $76,000. The option allowed the option holder to purchase the property for $122,000 plus the cost of the option. On March 1, 2022, the option holder exercised the option. What is the amount and nature of Wally’s gain or loss from disposition of the land?

128. In 2022, Ha-yoon, a single taxpayer with no dependents, disposed of a business building for $44,000 that cost $100,000. Depreciation of $60,000 had been taken on the building. Ha-yoon has a short-term capital loss of $3,000 this year. She has taxable income (not related to property transactions) of $125,000 and no § 1231 lookback loss. What is the amount and nature of the gain or loss, what is Ha-yoon’s taxable income, and what is her tax on the taxable income?

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Chap_08_2023 129. Willie is the owner of vacant land that he purchased in 2018 for $1,400,000 and held for investment. On January 22, 2021, he was paid $145,000 for a 13-month option on the land by Susan. She could buy the land for an additional $1,200,000 by exercising the option. Susan had hoped to build a luxury home on the land but was unable to get approval to build a big enough home to satisfy her needs. Consequently, Susan did not exercise her option, which expired on February 22, 2022. (1) What is Willie’s basis, gain or loss, and type of gain or loss from these events? (2) What is Susan’s basis, gain or loss, and type of gain or loss from these events?

130. Charmine, a single taxpayer with no dependents, has already incurred a $10,000 § 1231 gain in 2022 and has no § 1231 lookback losses. She purchased a business machine for $100,000 five years ago; $70,000 of depreciation has been taken on it, and the machine is now worth $90,000. How will the net § 1231 gain or loss be affected if Charmine trades in the business machine for a like-kind business machine and pays an additional $12,000 in cash to obtain the replacement machine? If Charmine already has $352,000 of taxable income, which does not include a $10,000 § 1231 gain or any capital gains or losses, what is her taxable income?

131. Ahmed was the holder of a patent on a video game. During 2022, he sold all substantial rights in the patent for $365,000 in cash and a 3% royalty on the purchaser’s first $10,200,000 of sales each year related to the product in which the patent is incorporated. Ahmed had not reduced the patent to practice. He had a $86,000 basis for the patent. During 2022, he received $30,000 in royalties. What is the nature and amount of Ahmed’s gain?

132. Harold is a head of household, has $27,000 of taxable income in 2022 from noncapital gain or loss sources, and has the following capital gains and losses: 28% long-term capital gain 28% long-term capital loss 0%/15%/20% long-term capital gain Short-term capital loss

$ 4,300 (2,000) 19,000 (1,700)

What is Harold’s taxable income and the tax on that taxable income? Use the appropriate tax rate schedules for your tax computations.

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Chap_08_2023 133. Residential real estate was purchased in 2019 for $345,000, held as rental property, and depreciated straightline. Assume that the land cost was $45,000 and the building cost was $300,000. Depreciation totaled $34,089. The building and land were sold on June 10, 2022, for $683,000 total. What are the tax status of the property and the nature of the gain from the disposition, and is any of it § 1250 depreciation recapture gain or unrecaptured § 1250 gain?

134. The following table describes the § 1231 assets sold by Ecru Company (a sole proprietorship) this year. Compute the gain or loss from each asset disposition and determine the net § 1231 gain treated as long-term capital gain for the year. Assume there is a § 1231 lookback loss of $4,000. Asset Stamping machine Factory building Tractor Overhead crane

Acquired 3/10/18

Sold 8/10/22

Cost $40,000

2/12/15

7/23/22

80,000

18,838

90,000

5/16/17 11/12/11

11/13/22 2/25/22

52,000 74,000

30,000 18,000

Depreciation Sale Price $29,736 $32,000

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Chap_08_2023 135. A business taxpayer sold all the depreciable assets of the business, calculated the gains and losses, and would like to know the final character of those gains and losses. The taxpayer had $353,000 of adjusted gross income before considering the gains and losses from sale of the business assets. The taxpayer had unrecaptured § 1231 lookback loss of $22,000. What is the treatment of the gains and losses summarized in the following table after all possible netting and reclassification have been completed? What is the taxpayer’s adjusted gross income? (Ignore the self-employment tax deduction.) Asset Machine 1 Machine 2 Machine 3 Machine 4

Purchase Date 10/10/20 10/02/19 09/23/18 09/23/18

Sale Date 11/11/22 11/11/22 11/11/22 11/11/22

Depreciation $323,000 65,000 183,000 28,000

Gain (Loss) $66,000 (15,000) 23,000 34,000

136. An individual taxpayer has the following gains and losses. There is $3,000 of § 1231 lookback losses. What is the net long-term capital gain? Holding Period/Property 5 years/vacant land 2 years/business equipment 3 years/publicly traded stock 8 months/publicly traded stock

Character of Gain or Loss § 1231 gain § 1245 gain Long-term capital gain Short-term capital loss

Amount $7,000 3,200 890 (1,870)

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Chap_08_2023 137. Tyrone’s father who died on January 10, 2022 had owned stock for 20 years with a basis of $45,000 that was transferred to Tyrone as a gift on August 10, 2021, when the stock was worth $430,000. Tyrone's father had paid no gift taxes. This stock was worth $566,000 at the date of the father’s death. Tyrone sold the stock for $545,000 net of commissions on February 23, 2022. What is the amount and nature of his gain or loss from disposition of this property?

138. Vanna owned an office building that had been held more than one year when it was sold for $567,000. The real estate had an adjusted basis of $45,000 for the land and $233,000 for the building. Straight-line depreciation of $162,000 had been taken on the building. What are the amount and initial character of the gain or loss from disposition of the real estate? Is any of the gain unrecaptured § 1250 (25%) gain?

139. A business machine purchased April 10, 2021, for $62,000 was fully depreciated in 2021 using § 179 immediate expensing. On August 15, 2022, the sole proprietor who owned the machine gave it to his son. On that date, the machine’s fair market value was $57,000. The son did not use the machine in business or hold it as inventory and sold it on November 22, 2022, for $53,000.What are the amount and nature of the gain or loss from disposition of the machine? Where is it reported in the son’s tax return?

140. A business machine purchased April 10, 2020, for $98,000 was fully depreciated in 2020 using § 179 immediate expensing. On August 15, 2022, the machine was sold for $67,000. What is the amount and nature of the gain or loss from disposition of the machine?

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Chap_08_2023 141. Mike is a self-employed TV technician. He is usually paid as soon as he completes repairs but occasionally bills a customer with payment expected within 30 days. At the end of the year, he has $2,500 of receivables outstanding. He expects to collect $1,200 of this and write off the remainder. Mike is a cash basis taxpayer and had net earnings from his business (not including the effect of the items above) of $55,000. He also had $3,500 interest income and $200 gambling winnings, and he sold corporate stock for $7,000. The stock had been purchased in 2018 for $8,200. Mike is single and claims the standard deduction. What is his 2022 taxable income? (Ignore the self-employment tax deduction.)

142. The following chart details Sheen’s 2020, 2021, and 2022 stock transactions. What is the capital loss carryover to 2022 and what is the net capital gain or loss for 2022?

Tax Year 2020 2021 2022

Short-Term Capital Gains $ 4,000 $16,000 $55,000

Short-Term Capital Losses $ 6,000 $14,000 $52,000

Long-Term Capital Gains $ 2,000 $23,000 $67,000

Long-Term Capital Losses $13,000 $28,000 $33,000

143. Kiara is unmarried with one dependent and files as head of household. She had 2022 taxable income of $45,000, which included $16,000 of 0%/15%/20% net long-term capital gain. What is her tax on taxable income using the alternative tax on net long-term capital gain method? Use the tax rate schedules in your computations.

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Chap_08_2023 144. Betty, a single taxpayer with no dependents, has the following gains and losses. Before considering these transactions, she has $45,000 of other taxable income. What is the treatment of the gains and losses and what is Betty’s taxable income? § 1245 gain #1 § 1245 gain #2 Business equipment long-term casualty loss Business real property long-term casualty gain § 1231 gain § 1231 lookback loss

$18,000 5,000 (8,000) 12,000 13,000 (2,000)

145. On January 18, 2021, Martha purchased 200 shares of Blue Corporation stock for $2,000. On November 11, 2022, she sold short 200 shares of Blue stock, which she borrowed from her broker for $2,300. On February 10, 2023, Martha closed the short sale by delivering the 200 shares of Blue stock which she had acquired in 2021. On that date, Blue stock had a market price of $4 per share. What is Martha’s recognized gain or loss and its character in 2022? In 2023?

146. Theresa and Oliver, both over 65 years of age and married filing jointly, have no dependents. Their 2022 income tax facts are: Theresa’s wages Oliver’s wages Short-term capital gain Long-term capital loss

$165,000 33,000 36,000 (41,000)

What is their taxable income for 2022?

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Chap_08_2023 147. The following table describes the § 1231 assets sold by Tan Company (a sole proprietorship) this year. Compute the gain or loss from each asset disposition and determine the net § 1231 gain treated as long-term capital gain for the year. Assume that there is a § 1231 lookback loss of $14,000. Asset Stamping machine Factory building Tractor Overhead crane

Acquired 3/10/18 2/12/15 5/16/17 11/12/11

Sold 8/10/22 7/23/22 11/13/22 2/25/22

Cost $40,000 80,000 52,000 74,000

Depreciation $29,736 18,838 52,000 74,000

Sale Price $ 2,000 90,000 60,000 18,000

148. Sharon has the following results of netting her short-term and long-term capital gains and losses for 2022: $56,000 short-term capital loss and $82,000 net long-term capital gain ($21,000 0%/15%/20% long-term capital gain and $61,000 25% long-term capital gain). a.

What is her net capital gain or loss for 2022?

If there is a net capital loss, how much and what type of the loss carries over to 2023?

If there is a net long-term capital gain, what is it made up of?

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Chap_08_2023 149. A business taxpayer sold all depreciable assets of the business, calculated the gains and losses, and would like to know the final character of those gains and losses. The taxpayer had $353,000 of adjusted gross income before considering the gains and losses from sale of the business assets. The taxpayer had unrecaptured § 1231 lookback loss of $12,000. What is the treatment of the gains and losses summarized in the following table after all possible netting and reclassification have been completed? What is the taxpayer’s adjusted gross income? (Ignore the self-employment tax deduction.) Asset Machine 1 Machine 2 Machine 3 Machine 4

Purchase Date 10/10/20 10/02/20 09/23/18 09/23/18

Sale Date 11/11/22 11/11/22 11/11/22 11/11/22

Depreciation $323,000 65,000 183,000 28,000

Gain (Loss) $66,000 (15,000) 23,000 64,000

150. When an individual taxpayer has a net long-term capital gain that includes both a 28% gain and a 0%/15%/20% gain, which of these gains will be taxed first when the alternative tax on net long-term capital gain method is used and what difference does it make?

151. Hilda lent $2,000 to a close personal friend to help the friend avoid overdrawing the friend’s checking account. The friend was supposed to repay the $2,000 within a month. Instead, the friend declared personal bankruptcy and Hilda will never recover any of the $2,000. What are the tax implications of these events for Hilda?

152. Depreciable personal property was sold at a gain in 2021. On what 2021 form would this transaction be reported, where initially in that form, and what will the form most likely do with the gain?

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Chap_08_2023 153. May an individual who has purchased a patent be a holder of that patent?

154. Alexis received stock worth $4,000 at the time it was gifted to her by her father. He had acquired the stock several years earlier for $2,200. He paid no gift tax on the transfer to Alexis. Alexis sells the stock for $6,600 two months after receiving it. What are the nature and amount of Alexis’s gain or loss?

155. Collectibles that are held long-term and sold at a gain are subject to maximum tax rate of 28%. An individual taxpayer recently sold an antique car for $40,000. The taxpayer had originally paid $30,000 for the car and had held it for for several years . Explain why the car is or is not a collectible.

156. Annabelle, a trader in securities, works for a national securities firm. She occasionally buys and sells securities for her personal account. On May 10, 2021, she purchased 100 shares of Acorn, Inc. common stock for a total of $40,000. She sold all of those shares for a total of $46,000 on July 11, 2022. What was the amount and nature of her gain or loss from this transaction? What could she have done to change this result?

157. Ranja acquires $200,000 face value corporate bonds for $186,000 when the bonds are issued. He holds the bonds as an investment for two years and then sells them for $198,000. He amortizes $2,000 of the original issue discount. What tax issues does Ranja have with respect to these bonds?

158. Describe the circumstances in which the maximum unrecaptured § 1250 gain (25% gain) does not become part of the Schedule D netting process for an individual taxpayer?

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Chap_08_2023 159. In 2018, Aaron purchased a classic car for $12,000 that he planned to restore. However, Aaron is too busy to work on the car and gives it to his daughter Ellie in 2022. At this time, the fair market value of the car has declined to $10,000. Aaron paid no gift tax on the transaction. Ellie completes some of the restoration herself with out-of-pocket costs of $5,000. She later sells the car for $30,000. What is Ellie’s recognized gain or loss on the sale of the car?

160. An individual taxpayer has a $2,500 short-term capital loss for the year. The taxpayer, who has significant taxable income from other sources, could sell stock and generate a $2,500 long-term capital gain. Explain the impact on the taxpayer’s taxable income if he did or did not sell the stock.

161. Why is it generally better to have a net § 1231 gain year followed by a net § 1231 loss year rather than a net § 1231 loss year followed by a net § 1231 gain year?

162. In early 2021, Wanda paid $33,000 for an option on a parcel of land she intended to hold as an investment. After a survey of the land (paid for by the grantor) determined that the parcel was much smaller than the grantor said it was, she let the option lapse when it expired in 2022 after 14 months. How should Wanda treat these events in 2021? 2022?

163. Describe the circumstances in which the potential § 1245 depreciation recapture is extinguished.

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Chap_08_2023 164. Jambo invented a new flexible cover for a popular brand of cell phone, but did not have the finances to produce it. Instead, he sold all his rights to the invention (after patenting it) for $450,000 plus $0.10 for each cover sold by the company that purchased the patent. Jambo had a zero tax basis for the invention. What is the character of his gain from disposition of the patent?

165. Mei (now 37 years old) owns a collection of porcelain dolls that she acquired when she was a grade-schooler. She had forgotten about them until her mother sent them to her. Her mother had discovered them in a box in her attic while she was cleaning out her house before selling it. Mei had originally acquired all the dolls as gifts from her parents, so she has no way to establish a basis for them. Using information from the Internet, she prepares a careful inventory of the dolls that includes their name, when they were first available for sale, their current value, and other pertinent information. She then lists them for sale on the Internet. To her surprise, she quickly gets an offer of $5,000 for all of them, which she accepts. Mei has no other gain or loss transactions for the year and is in the 24% marginal tax bracket. What issues do these facts create?

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Chap_08_2023 Answer Key 1. True 2. True 3. True 4. False 5. True 6. True 7. True 8. False 9. False 10. True 11. True 12. True 13. True 14. True 15. False 16. True 17. True 18. False 19. False 20. True 21. True 22. True 23. True 24. False 25. True 26. True

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Chap_08_2023 27. True 28. False 29. True 30. True 31. False 32. True 33. True 34. True 35. True 36. True 37. True 38. True 39. True 40. True 41. False 42. True 43. True 44. True 45. True 46. True 47. False 48. False 49. True 50. True 51. True 52. True 53. False 54. True Copyright Cengage Learning. Powered by Cognero.

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Chap_08_2023 55. True 56. True 57. True 58. d 59. b 60. a 61. c 62. d 63. a 64. a 65. b 66. d 67. c 68. d 69. d 70. d 71. d 72. b 73. b 74. b 75. b 76. b 77. c 78. b 79. a 80. d 81. b 82. b Copyright Cengage Learning. Powered by Cognero.

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Chap_08_2023 83. a 84. a 85. c 86. a 87. a 88. c 89. c 90. b 91. b 92. a 93. c 94. d 95. a 96. b 97. b 98. d 99. a 100. d 101. b 102. b 103. a 104. b 105. d 106. c 107. b 108. d 109. d 110. a Copyright Cengage Learning. Powered by Cognero.

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Chap_08_2023 111. d 112. b 113. d 114. d 115. a 116. b 117. c 118. c 119. c 120. b 121. d 122. c 123. d 124. Samuel has $17,600 taxable income and the tax on that taxable income using the alternative tax on net long-term capital gain is $560. Wages Interest income Net long-term capital gain Gross income Alimony paid Adjusted gross income

$26,000 2,000 12,000 $40,000 (3,000) $37,000

Standard deduction (head of household)

(19,400)

Taxable income

$17,600

Tax on other taxable income ($17,600 – $12,000) @ 10%

$560

Alternative tax on $12,000 net long-term capital gain @ 0%

–0–

Total tax

$560

The regular tax liability on $17,600 taxable income would have been $1,819.

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Chap_08_2023 125. a.

Williams initially has a casualty gain of $156,000 from business use property. If he reinvests the insurance proceeds, he will be able to postpone this gain.

If Williams does not reinvest, he will have a recognized gain. Since he has a net casualty gain, the gain is treated as a § 1231 gain that is treated as a long-term capital gain because he has no § 1231 lookback loss. Williams has a net long-term capital gain of $156,000 because he has no other Schedule D transactions. The unrecaptured § 1250 portion of the gain is $145,000 (equal to the depreciation taken on the destroyed property). That portion of the gain is subject to an alternative tax rate of 25%. The $11,000 ($156,000 – $145,000) remaining gain is subject to the 0%/15%/20% alternative tax rate.

126. Carol has taxable income of $379,000. Long-term capital gain from painting Long-term capital gain from Yellow stock Net long-term capital gain Short-term capital loss from Gray stock Net long-term capital gain (net capital gain) Other taxable income Total taxable income

$ 85,000 36,000 $121,000 (6,000) $115,000 264,000 $379,000

127. Wally’s proceeds from selling the land are $124,000 ($2,000 option proceeds + $122,000 sale proceeds). Wally’s gain is $48,000 ($124,000 – $76,000) and is all long-term capital gain because the asset was a capital asset held more than 12 months. 128. The adjusted basis of the building is $40,000 ($100,000 cost – $60,000 depreciation). The building is sold for a gain of $4,000 ($44,000 sale price – $40,000 adjusted basis). Since the building was held more than one year, it is a § 1231 asset, and the gain is a § 1231 gain. Ha-yoon has a $4,000 net § 1231 gain treated as a long-term capital gain. The gain is netted against her $3,000 short-term capital loss, resulting in a $1,000 net long-term capital gain. Since the other taxable income is $125,000, the taxable income after adding this gain is $126,000 ($125,000 + $1,000). The tax on her $125,000 other taxable income is $23,836 {$15,213.50 + [($125,000 - $89,075) X 24%]}. All of the gain included in her taxable income is unrecaptured § 1250 gain because the depreciation on the building exceeded the gain included in her taxable income. Consequently, the tax on the $1,000 net long-term capital gain is $240 ($1,000 X 24%); her marginal tax rate is 24%, so the 25% alternative tax rate on unrecaptured § 1250 gain is not favorable. Her total tax is $24,076 ($23,836 + $240).

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Chap_08_2023 129. (1) Willie held the land for investment; consequently, it was a capital asset. Willie had no recognized gain or loss in 2021 from the receipt of the $145,000 option proceeds. When the option expired in 2022, the $145,000 option price is ordinary income because the option property was not stocks, securities, commodities, or commodity futures. The basis of the property remains $1,400,000. (2) The tax status of an option is determined by what would be the tax status of the property to be acquired with the option. The land would have been used in a personal use activity and, therefore, would have been a capital asset. Consequently, the option on the land was a capital asset. The lapse of the option is considered a sale or exchange on the option expiration date. However, the $145,000 loss on the lapse of the option is not usable because losses on sale or exchange of personal use activity property are not deductible. 130. The current-year § 1231 gain will be affected because gain or loss is recognized on the exchange of the machine. A nontaxable like-kind exchange occurs only when real property is exchanged. The potential § 1245 depreciation recapture of $70,000 exceeds the $60,000 ($90,000 fair market value - $30,000 adjusted basis) gain, so $60,000 ordinary income is recognized. The taxable income is $422,000 ($352,000 + $10,000 § 1231 gain + $60,000 ordinary gain). 131. Ahmed was the holder of a patent and transferred all substantial rights to it. Consequently, § 1235 grants automatic long-term capital gain treatment to both the cash received and the royalties received. Ahmed recovers his $86,000 basis and has a $309,000 ($365,000 + $30,000 – $86,000) 0%/15%/20% long-term capital gain. 132. Harold has taxable income of $46,600 and the tax (as a head of household) on that taxable income is $3,019. 28% long-term capital gain 28% long-term capital loss Net 28% long-term capital gain Net short-term capital loss Remaining 28% long-term gain 0%/15%/20% long-term capital gain Net long-term capital gain Other taxable income Taxable income

$ 4,300 (2,000) $ 2,300 (1,700) $ 600 19,000 $19,600 27,000 $46,600

Tax on $27,000 other taxable income

$2,947

Tax on 28% gain portion of net long-term capital gain; Harold is still in 12% bracket ($600 × 12%) Tax on 0%/15%/20% net long-term capital gain; Harold is still in 12% bracket [($46,600 – $27,000 – $600) × 0%] Total tax using the alternative tax

–0– $3,019

The regular tax liability on the $46,600 of taxable income would have been $5,299.

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Chap_08_2023 133. The adjusted basis of the property at the date of sale is $310,911 ($345,000 cost – $34,089 depreciation). The asset is a § 1231 asset because it was depreciable property or real property used in business (rental is a form of business) and it was held more than one year. The recognized gain is $372,089 ($683,000 sale price – $310,911 adjusted basis) and it is all § 1231 gain since only straight-line depreciation was taken on the building. Thus, there is no § 1250 depreciation recapture because there was no additional depreciation due to accelerated depreciation. However, there is potential unrecaptured § 1250 gain of $34,089 because the depreciation taken is less than the recognized gain. The $338,000 ($372,089 – $34,089) balance of the gain is potential 0%/15%/20% long-term capital gain. 134. The stamping machine ($21,736), tractor ($30,000), and overhead crane ($18,000) are sold at a gain, which is ordinary due to § 1245 depreciation recapture. The factory building yields a § 1231 gain of $28,838. There is no § 1250 depreciation recapture because straight-line depreciation was used (i.e., the building was placed in service after 1986). Of the $28,838 gain, $4,000 is treated as ordinary income because of the $4,000 § 1231 lookback loss. Consequently, the net § 1231 gain treated as long-term capital gain is $24,838 ($28,838 – $4,000). The following table provides detail on the computations: Asset

Acquired

Sold

Cost Depreciation Basis Sale Price Gain (Loss)

Stamping machine

3/10/18

8/10/22 $40,000

$29,736

$10,264

$32,000

$21,736

Factory building

2/12/15 7/23/22 80,000

18,838

61,162

90,000

28,838

Tractor 5/16/17 11/13/22 52,000 Overhead 11/12/11 2/25/22 74,000 crane

52,000 74,000

–0– –0–

30,000 18,000

135. The taxpayer has adjusted gross income of $461,000 after including the effect of the property transactions. Machine 1’s $66,000 gain is all ordinary income due to § 1245 depreciation recapture. Machine 3’s $23,000 gain is all ordinary income due to § 1245 depreciation recapture. Machine 4 has $28,000 of ordinary income due to § 1245 depreciation recapture (equals depreciation taken) and $6,000 § 1231 gain ($34,000 – $28,000). Machine 2’s $15,000 loss is a § 1231 loss. There is a $9,000 net § 1231 loss ($6,000 gain – $15,000 loss) for the year. The net ordinary gain for the year is $108,000 ($66,000 + $23,000 + $28,000 – $9,000). There is no net § 1231 gain, so the $22,000 § 1231 unrecaptured lookback loss does not affect the character of the current year’s gains. Adjusted gross income is $461,000 ($353,000 + $108,000). 136. The taxpayer has a net long-term capital gain of $4,890 and a net short-term capital loss of $1,870. The $3,200 of § 1245 gain is ordinary income and does not affect the net long-term capital gain computation. Since there is $3,000 of § 1231 lookback loss, $3,000 of the $7,000 § 1231 gain is treated as ordinary income and the remaining $4,000 of § 1231 gain is treated as long-term capital gain. The $1,870 of short-term capital loss offsets the $4,890 of long-term capital gain, resulting is a net capital gain of $3,020 (0%/15%/20% gain). Summary: $6,200 ordinary income, $4,890 LTCG, $1,870 STCL.

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Chap_08_2023 137. Tyrone had a tax basis for the stock equal to its $45,000 basis at the date of his father’s gift of the stock. He also had a long-term holding period because the father’s 20-year holding period is added to Tyrone’s holding period. Consequently, he had a $500,000 ($545,000 – $45,000) long-term capital gain when he sold the stock.

138. The real estate was used in business and held more than one year. Therefore, the property was a § 1231 asset. Since straight-line depreciation was taken, there is no § 1250 depreciation recapture because no accelerated depreciation was taken. The entire gain of $289,000 [$567,000 sale price – ($45,000 land adjusted basis + $233,000 building adjusted basis)] is § 1231 gain. Since the recognized gain is greater than the $162,000 of depreciation, there is $162,000 of unrecaptured § 1250 gain in the $289,000 recognized gain. 139. A gift does not extinguish potential § 1245 depreciation recapture potential. The son who received the machine had a $0 basis for the asset because he has a carryover basis from the donor. The father’s holding period tacks to the son’s holding period; therefore, the son had a long-term holding period on the date of the gift and potential § 1245 depreciation recapture of $57,000 [the lesser of the depreciation taken ($62,000) or the realized gain at the date of the gift ($57,000)]. However, since the machine was sold for only $53,000, there is only $53,000 of § 1245 depreciation recapture gain. The son should complete Form 4797 Part III for this transaction and then carry the gain to Part II as ordinary income. 140. The machine was a § 1231 asset because it was held for more than 12 months. However, all of the $67,000 ($67,000 sales price – $0 adjusted basis) gain is ordinary gain due to § 1245 depreciation recapture. 141. Since Mike is a cash basis taxpayer, he may not deduct bad debts from accounts receivable because he would not have included the accounts receivable in his gross income. His 2022 taxable income is $44,550, computed as follows. Net business income

$55,000

Interest income

3,500

Gambling winnings

200

Long-term capital loss ($7,000 – $8,200)

(1,200)

Adjusted gross income

$57,500

Standard deduction

(12,950)

Taxable income

$44,550

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Chap_08_2023 142. The 2021 capital loss carryforward is $10,000 and the 2022 net capital gain is $3,000 short-term and $24,000 longterm. There was a $2,000 net short-term capital loss and a $11,000 net long-term capital loss in 2020. All of the short-term capital loss and $1,000 of the long-term capital loss were used for the $3,000 capital loss deduction and $10,000 of long-term capital loss carried forward to 2021. The $10,000 long-term capital loss carryforward is grouped with the 2021 long-term losses. In 2021, there is $2,000 net short-term capital gain that is netted against the $15,000 ($23,000 long-term gain – $28,000 2021 long-term loss – $10,000 long-term loss carryforward) net long-term capital loss, resulting in a $13,000 net long-term capital loss for 2021. After the $3,000 capital loss deduction, $10,000 is carried forward as long-term capital loss to 2022. In 2022, the $10,000 is added to the long-term capital losses. There is a 2022 net short-term capital gain of $3,000 and a net long-term gain of $24,000 ($67,000 long-term gain – $33,000 2022 long-term loss – $10,000 long-term loss carryforward). The net result for 2022 is both net short-term capital gain of $3,000 and long-term capital gain of $24,000. 143. Kiara has a tax of $3,187. Her tax on other taxable income of $29,000 ($45,000 – $16,000) is $3,187. Her tax on the $16,000 of 0%/15%/20% at 0% is $0 (her taxable income does not exceed $55,800, so she pays 0% on the entire net long-term capital gain of $16,000). Kiara would have paid tax of $5,107 on her taxable income if it had not included any net long-term capital gain. 144. The § 1245 recapture gains are combined and result in a $23,000 ordinary gain. The nonpersonal use property casualty gain and loss are combined and result in a $4,000 net gain. The net gain is treated as a § 1231 gain and when combined with the other $13,000 § 1231 gain results in a $17,000 net § 1231 gain. Due to the $2,000 § 1231 lookback loss, $2,000 of the net § 1231 gain is an ordinary gain, and the $15,000 balance of the gain is treated as a long-term capital gain. Since this is the only capital gain or loss, there is a $15,000 net long-term capital gain. Other taxable income Ordinary gain due to recapture Ordinary gain due to § 1231 look back Net long-term capital gain Taxable income

$45,000 23,000 2,000 15,000 $85,000

145. Since Martha owned substantially identical stock on the date of the short sale and did not close the short sale before January 31, 2023, she is deemed to have closed the short sale on November 11, 2022 (the date of the short sale). On her 2022 tax return, she would report a $300 long-term capital gain ($2,300 short sale price – $2,000 cost). On February 10, 2023, Martha has a $1,500 short-term capital loss [$2,300 basis for the shares sold – $800 (200 shares × $4 per share)] because the holding period of the shares used to close the short sale commences with the date of the short sale.

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Chap_08_2023 146. The couple’s taxable income is $166,300. Their long-term capital loss carryover is $2,000 ($5,000 – $3,000). Wages ($165,000 + $33,000)

$198,000

Short-term capital gain

$36,000

Long-term capital loss

(41,000)

Net long-term capital loss

($ 5,000)

Capital loss deduction (limited to $3,000)

(3,000)

Adjusted gross income

$195,000

Standard deduction

(25,900)

Additional standard deduction (2 × $1,400)

(2,800) $166,300

Taxable income

147. The stamping machine is sold at a $8,264 loss, which is a § 1231 loss. The factory building yields a § 1231 gain of $28,838. There is no § 1250 depreciation recapture because straight-line depreciation was used (i.e., the building was placed in service after 1986). The tractor has $60,000 of gain, $52,000 of ordinary gain due to § 1245 depreciation recapture (equal to the deprecation taken) and $8,000 of § 1231 gain. The $18,000 gain on the overhead crane is ordinary due to § 1245 depreciation recapture. Of the net § 1231 gain, $14,574 ($28,838 + $8,000 – $8,264 – $14,000 § 1231 lookback loss) is treated as long-term capital gain. The following table provides details on the computations: Asset

Acquired

Sold

Cost Depreciation Basis

Stamping 3/10/18 8/10/22 $40,000 machine Factory 2/12/15 7/23/22 80,000 building Tractor 5/16/17 11/13/22 52,000 Overhead 11/12/11 2/25/22 74,000 crane

Sale Price

Gain (Loss)

$29,736

$10,264 $2,000 ($ 8,264)

18,838

61,162 90,000 28,838

52,000

–0–

60,000 60,000

74,000

–0–

18,000 18,000

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Chap_08_2023 148. a.

Sharon has a 2022 net long-term capital gain of $26,000 ($82,000 net long-term capital gain – $56,000 net short-term capital loss).

There is no net capital loss.

The $56,000 short-term capital loss first absorbs the $61,000 of 25% gain, leaving $5,000 of 25% long-term capital gain and $21,000 of 0%/15%/20% long-term capital gain.

149. The taxpayer has adjusted gross income of $491,000 after including the effect of the property transactions. Machine 1’s $66,000 gain is all ordinary income due to § 1245 depreciation recapture. Machine 3’s $23,000 gain is all ordinary income due to § 1245 depreciation recapture. Machine 4 has $28,000 of ordinary income due to § 1245 depreciation recapture (equals depreciation taken) and $36,000 § 1231 gain ($64,000 – $28,000). Machine 2’s $15,000 loss is a § 1231 loss. There is a $21,000 net § 1231 gain ($36,000 gain – $15,000 loss) for the year. The $12,000 § 1231 unrecaptured lookback loss converts $12,000 of this gain to ordinary income, leaving $9,000 of the net § 1231 gain to be treated as long-term capital gain. The net ordinary gain for the year is $129,000 ($66,000 + $23,000 + $28,000 + $12,000). Adjusted gross income is $491,000 ($353,000 + $129,000 + $9,000). 150. The 28% gain is taxed after the other taxable income is taxed, after the 25% gain is taxed, and before the 0%/15%/20% gain is taxed. Taxing the 28% gain first may mean that some or all of the 0%/15%/20% gain will not be eligible for the 0% tax if the individual’s taxable income after taxing the other taxable income, the 25% gain, and the 28% gain puts the taxpayer out of the regular 12% bracket. 151. Assuming that Hilda is not in the trade or business of lending money, the loan was a capital asset for Hilda. Her basis was $2,000 and her loss is $2,000. This is a nonbusiness bad debt and the tax law treats this as a short-term capital loss. 152. The transaction will initially be reported on Form 4797, Part III. In that Part, the gain recaptured by § 1245 will be determined. Most likely, all of the gain will be treated as an ordinary gain because the gain does not exceed the original cost of the property. 153. Yes, as long as the patent is purchased by an individual from a holder and the patent has not been reduced to practice. 154. Since the stock was worth more than her father paid for it when he gifted it to Alexis, the basis for gain is the father’s $2,200 basis. Also, the father’s holding period tacks to Alexis’s holding period. Consequently, Alexis has a $4,400 ($6,600 selling price - $2,200 basis) long-term capital gain from disposition of the stock. 155. The definition of collectibles is quite ambiguous. Consequently, the antique car is a collectible if it is a work of art or an antique. Also, the § 408(m) regulations add “historical object” to the list of collectibles. The car fits these categories, so it is a collectible for tax purposes. 156. The ordinary gain is $6,000. Since Annabelle is in the business of buying and selling securities, the ones that she buys for her personal account are ordinary assets. She has a $6,000 ($46,000 sale price - $40,000 basis) ordinary gain from the disposition of the Acorn stock. If she had designated the Acorn stock as held for investment by the end of the day she purchased it, the gain would have been long-term capital gain. Copyright Cengage Learning. Powered by Cognero.

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Chap_08_2023 157. The bonds have original issue discount of $14,000 ($200,000 – $186,000). Ranja must amortize this discount while he holds the bonds. The discount amortization of $2,000 increases Ranja’s basis for the bonds. Consequently, when he sells the bonds, his basis is $186,000 plus the $2,000 discount amortization, so his long-term capital gain is $10,000 ($198,000 – $188,000). 158. Unrecaptured § 1250 gain (25% gain) is some or all of the § 1231 gain that is treated as long-term capital gain and relates to a sale of depreciable real estate. The maximum amount of this 25% gain is the depreciation taken on the real property sold at a gain. That maximum amount is reduced in one or more of the following ways: ∙

The gain recognized from disposition is less than the depreciation taken. The 25% gain is reduced to the gain amount.

∙

There is § 1250 depreciation recapture because the property was depreciated using § 179 and/or § 168(k) and, therefore, accelerated depreciation was taken. The § 1250 recapture reduces the 25% gain.

∙

There is § 1245 depreciation because the property is nonresidential real estate acquired in 1981-1986 on which accelerated depreciation was used. There will be no 25% gain left because § 1245 will recapture all the depreciation or the gain, whichever is less. Refer to Example 12. There was $100,000 of depreciation taken, but all of it was recaptured as ordinary income by § 1245. Thus, there is no remaining potential 25% gain. The entire $20,000 § 1231 gain in Example 12 is potential 0%/15%/20% gain.

∙

Section 1231 loss from disposition of other § 1231 assets held long-term reduced the gain from real estate. According to the IRS, § 1231 losses first absorb potential 0%/15%/20% § 1231 gain and then 25% § 1231 gain.

∙

Section 1231 lookback losses convert some or all of the 25% gain to ordinary income. According to the IRS, § 1231 lookback losses first absorb 28% net § 1231 gain, then 25% § 1231 gain, and then 0%/15%/20% § 1231 gain.

159. Ellie’s recognized gain on the sale of the car is calculated as follows: Amount realized Less: Adjusted basis ($12,000 + $5,000) Realized gain Recognized gain

$30,000 (17,000) $13,000 $13,000

Ellie’s gain basis for the gift is $12,000. She increases her adjusted basis by the out-of-pocket costs of $5,000 she incurs in the restoration. 160. If the taxpayer does not sell the stock, taxable income will be reduced by $2,500 due to the capital loss deduction. If he does sell the stock, taxable income will remain the same because the $2,500 long-term gain will offset the $2,500 short-term capital loss. Therefore, considering only the tax implications, the taxpayer should not sell the stock. 161. It is generally better to have a net § 1231 gain year followed by a net § 1231 loss year rather than a net § 1231 loss year followed by a net § 1231 gain year because the § 1231 lookback loss rules will be avoided. The net § 1231 gain in the first year is treated as a long-term capital gain and, therefore, potentially eligible for the reduced long-term capital gain rates. The second year net § 1231 loss is deductible for AGI as an ordinary deduction. Copyright Cengage Learning. Powered by Cognero.

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Chap_08_2023 162. If an option holder (grantee) fails to exercise the option, the lapse of the option is considered a sale or exchange on the option expiration date. Thus, the loss is a capital loss if the property subject to the option is (or would be) a capital asset in the hands of the grantee. Wanda has no gain or loss in 2021 because the option had not yet expired. She has a $33,000 long-term capital loss in 2022 when the option expires because the land would have been a capital asset if Wanda had exercised the option. 163. Section 1245 depreciation recapture potential is extinguished in at least two circumstances: (1) when the property with the depreciation recapture potential is sold at a loss and (2) when the owner of the property with the depreciation recapture potential dies. 164. Jambo is the holder of a patent because he is an individual and either created the patented invention or the invention was not yet reduced to practice. Therefore, the $450,000 received for the patent and each $0.10 when (and if) he receives it are treated as long-term capital gain automatically under § 1235. 165. Mei has to determine the holding period, tax status, basis, gain or loss from the disposition of the dolls and, if they are sold at a gain, the tax rate applicable to the gain. At the time of the sale, it appears that Mei is holding the dolls as an investment and, therefore, they are a capital asset. Her original intent was to hold the dolls as a personal use activity. However, when she discovered what they were worth, her intent seems to have become as an investment. She has no determinable basis for the dolls, so their basis is zero. They have been held long-term, so the $5,000 gain is a longterm capital gain. The alternative tax rate applicable to the gain is 15% because Mei’s other taxable income puts her above the 12% regular tax bracket. The gain is not subject to the collectibles 28% alternative tax rate because the dolls are neither works of art nor antiques.

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Chap_09_2023 Indicate whether the statement is true or false. 1. The basic and additional standard deductions both are subject to an annual adjustment for inflation. a. True b. False 2. Monique is a resident of the United States and a citizen of France. If she files a U.S. income tax return, Monique cannot claim the standard deduction. a. True b. False 3. When separate income tax returns are filed by married taxpayers, one spouse cannot claim the other spouse as a dependent. a. True b. False 4. Katrina, age 16, is claimed as a dependent by her parents. During 2022, she earned $5,600 as a checker at a grocery store. Her standard deduction is $6,000 ($5,600 earned income + $400). a. True b. False 5. Debby, age 18, is claimed as a dependent by her mother. During 2022, Debby earned $1,200 in interest income on a savings account. Her standard deduction is $1,600 ($1,200 + $400). a. True b. False 6. Once a child reaches age 19, the kiddie tax no longer applies. a. True b. False 7. For the year a spouse dies, the surviving spouse is considered married for the entire year for income tax purposes. a. True b. False 8. Katelyn is divorced and maintains a household in which she and her daughter, Crissa, live. Crissa, age 22, earns $11,000 during 2022 as a model. Katelyn does not qualify for head of household filing status. a. True b. False 9. Many taxpayers who previously itemized will start claiming the standard deduction when they purchase a home. a. True b. False

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Chap_09_2023 10. As opposed to itemizing deductions from AGI, the majority of individual taxpayers choose the standard deduction. a. True b. False 11. Benjamin, age 16, is claimed as a dependent by his parents. During 2022, he earned $850 at a car wash. Benjamin’s standard deduction is $1,550 ($1,150 + $400). a. True b. False 12. Lucas, age 17 and single, earns $6,000 during 2022. His parents cannot claim him as a dependent if he does not live with them. a. True b. False 13. A taxpayer who itemizes completes Schedule A (Form 1040). a. True b. False 14. Claude’s itemized deductions exceed the standard deduction allowed for the current year. Under these circumstances, Claude cannot claim the standard deduction. a. True b. False 15. Married taxpayers who file a joint return cannot later (i.e., after the filing due date) switch to separate returns for that year. a. True b. False 16. The additional standard deduction for age and blindness is greater for married taxpayers than for single taxpayers. a. True b. False 17. After her divorce, Hope continues to support her ex-husband’s sister, Cindy, who does not live with her. Hope can claim Cindy as a dependent. a. True b. False 18. Dan and Donna are married and file separate returns for the year. If Dan itemizes his deductions from AGI, Donna cannot claim the standard deduction. a. True b. False

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Chap_09_2023 19. Jason and Peg are married and file a joint return. Both are over 65 years of age and Jason is blind. Their standard deduction for 2022 is $28,700. a. True b. False 20. In determining whether the gross income test is met for determining dependency status, only the taxable portion of a scholarship is considered. a. True b. False 21. In determining the filing requirement based on gross income received, both additional standard deductions (i.e., age and blindness) are taken into account. a. True b. False 22. In 2022, Hal furnishes more than half of the support of his ex-wife and her father, both of whom live with him. The divorce occurred in 2021. Hal may claim the father-in-law and the ex-wife as dependents. a. True b. False 23. After Ellie moves out of the apartment she had rented as her personal residence, she recovers her damage deposit of $1,000. The $1,000 is not income to Ellie. a. True b. False 24. For dependents who have income, special filing requirements apply. a. True b. False 25. If an individual does not spend funds that have been received from another source (e.g., interest on municipal bonds), the unexpended amounts are not considered for purposes of the support test. a. True b. False 26. Roy and Linda divorced in 2021. The divorce decree awards custody of their children (all under age 17) to Linda but is silent as to who is entitled to treat them as dependents for purposes of claiming the child tax credit. If Roy furnished more than half of their support, he can claim the child tax credit for them in 2022. a. True b. False 27. Adjusted gross income (AGI) appears on page 1 of Form 1040. a. True b. False

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Chap_09_2023 28. Clara, age 68, claims head of household filing status. If she has itemized deductions of $19,500 for 2022, she should claim the standard deduction. a. True b. False 29. Albert buys his mother a TV. For purposes of meeting the support test, Albert cannot include the cost of the TV. a. True b. False 30. Currently, the top income tax rate in effect is not the highest it has ever been. a. True b. False 31. The kiddie tax does not apply to a child whose earned income is more than one-half of the child's support. a. True b. False 32. Sarah furnishes more than 50% of the support of her son and daughter-in-law who live with her. If the son and daughter-in-law file a joint return, Sarah cannot claim them as dependents. a. True b. False 33. Ed is divorced and maintains a home in which he and a dependent friend live. Ed does not qualify for head of household filing status. a. True b. False 34. In 2022, a child who has unearned income of $2,300 or less cannot be subject to the kiddie tax. a. True b. False 35. Once they reach age 65, many taxpayers will switch from itemizing their deductions from AGI and start claiming the standard deduction. a. True b. False 36. In terms of income tax consequences, abandoned spouses are treated the same way as married persons filing separate returns. a. True b. False 37. Because they appear on Schedule 1 of Form 1040, itemized deductions are also referred to as “Schedule 1 deductions.” a. True b. False

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Chap_09_2023 38. In any given year, that year's Tax Tables are released by the IRS before the Tax Rate Schedules for that year. a. True b. False 39. Married taxpayers who file separately cannot later (i.e., after the due date for filing) change to a joint return. a. True b. False 40. Under the Federal income tax formula for individuals, a choice must be made between claiming deductions for AGI and itemized deductions. a. True b. False 41. In January 2022, Jake’s spouse dies and he does not remarry. For tax year 2022, Jake may not be able to use the filing status available to married persons filing joint returns. a. True b. False 42. Under the income tax formula, a taxpayer must choose between deductions for AGI and the standard deduction. a. True b. False 43. Darren, age 20 and not disabled, earns $4,500 during 2022. Darren’s parents cannot claim him as a dependent unless he is a full-time student. a. True b. False 44. Surviving spouse filing status begins in the year in which the deceased spouse died. a. True b. False 45. An above-the-line deduction refers to a deduction for AGI. a. True b. False 46. An individual taxpayer uses a fiscal year of March 1 to February 28. The due date of this taxpayer’s Federal income tax return is May 15 of each tax year. a. True b. False 47. An increase in a taxpayer’s AGI could decrease the amount of charitable contribution that can be claimed. a. True b. False

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Chap_09_2023 48. All exclusions from gross income are reported on Form 1040. a. True b. False 49. When the kiddie tax applies, the child need not file an income tax return because the child's income will be reported on the parents’ return. a. True b. False 50. For tax purposes, married persons filing separate returns are treated the same as single taxpayers. a. True b. False 51. The filing status of a taxpayer (e.g., single, head of household) must be identified before the applicable standard deduction is determined. a. True b. False 52. Derek, age 46, is a surviving spouse. If he has itemized deductions of $26,250 for 2022, Derek should not claim the standard deduction. a. True b. False 53. Howard, age 82, died on January 2, 2022. On his final income tax return, the full amount of the basic and additional standard deductions will be allowed even though Howard lived for only two days during the year. a. True b. False 54. Using borrowed funds from a mortgage on her home, Leah provides 52% of her own support, and her sons furnished the rest. Leah can be claimed as a dependent under a multiple support agreement. a. True b. False 55. Under the Federal income tax formula for individuals, the determination of adjusted gross income (AGI) precedes that of taxable income (TI). a. True b. False 56. A decrease in a taxpayer’s AGI could increase the amount of medical expenses that can be deducted. a. True b. False 57. In 2022, Ed is 66 and single. If he has itemized deductions of $13,200, he should not claim the standard deduction. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_09_2023 58. The deduction for personal and dependency exemptions has been suspended from 2018 through 2025. a. True b. False 59. Francisco and Maria divorced in December 2022. Since they were married for more than one-half of the year, they are considered as married for 2022. a. True b. False 60. Buddy and Hazel are ages 72 and 71, respectively, and file a joint return. If they have itemized deductions of $26,000 for 2022, they should not claim the standard deduction. a. True b. False 61. Kim, a resident of Oregon, supports his parents who are residents of Canada but citizens of Korea. Kim can claim a dependent tax credit for his parents. a. True b. False 62. Since an abandoned spouse is treated as not married and has one or more dependent children, the abandoned spouse qualifies for the standard deduction available to head of household. a. True b. False 63. A child who is married cannot be subject to the kiddie tax. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 64. The Hutters filed a joint return for 2022. They provide more than 50% of the support of Carla, Ellie, and Aaron. Carla (age 18) is a cousin and earns $2,800 from a part-time job. Ellie (age 25) is their daughter and is a fulltime law student. She received a $7,500 scholarship for tuition from her law school. Aaron is a brother who is a citizen of Israel but resides in France. Carla and Ellie live with the Hutters. How many dependents can the Hutters claim? a. None b. One c. Two d. Three 65. A qualifying child cannot include: a. A married son who files a joint return. b. A daughter who is away at college. c. A brother who is 28 years of age and disabled. d. A grandmother. Copyright Cengage Learning. Powered by Cognero.

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Chap_09_2023 66. During 2022, Hiroto had the following transactions: Salary Bank loan (proceeds used to buy personal auto) Alimony paid (divorce was finalized in 2010). Child support paid Gift from aunt

$50,000 10,000 12,000 6,000 20,000

Hiroto’s AGI is: a. $32,000. b. $38,000. c. $44,000. d. $56,000. 67. In 2022, Nai-Yu had the following transactions: Salary Short-term capital gain from a stock investment Moving expense to change jobs Receipt of repayment of $20,000 loan she made to her sister in 2015 (includes no interest) State income taxes

$90,000 4,000 (11,000) 20,000 (5,000)

Nai-Yu’s AGI is: a. $103,000. b. $98,000. c. $94,000. d. $83,000. 68. Regarding the rules applicable to filing of income tax returns, which of the following is an incorrect statement: a. Married persons who file joint returns cannot later (after the due date of the return) substitute separate returns. b. Married persons who file separate returns can later (after the due date of the return) substitute a joint return. c. The usual test as to when a taxpayer must file a return is based on the total of the following: personal exemption + basic standard deduction + both additional standard deductions. d. Special filing requirement rules exist for taxpayers who are claimed as dependents of another. 69. Which of the statements regarding the standard deduction is correct? a. Some taxpayers may qualify for two types of standard deductions. b. The standard deduction is not available to taxpayers who are dependents. c. The standard deduction may be taken as a for AGI deduction. d. The basic standard deduction is indexed for inflation but the additional standard deduction is not. Copyright Cengage Learning. Powered by Cognero.

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Chap_09_2023 70. Regarding the Tax Tables related to the Federal income tax, which of the following statements is correct? a. For any one year, the Tax Tables are issued by the IRS after the Tax Rate Schedules. b. The Tax Tables will always yield the same amount of tax as the Tax Rate Schedules. c. Taxpayers can elect as to whether they use the Tax Tables or the Tax Rate Schedules. d. The Tax Tables can be used by an estate but not by a trust. 71. Ayla, age 17, is claimed by her parents as a dependent. During 2022, she had interest income from a bank savings account of $2,000 and income from a part-time job of $4,200. Ayla’s taxable income is: a. $4,200 – $4,600 = $0. b. $6,200 – $12,950 = $0. c. $6,200 – $4,600 = $1,600. d. $6,200 – $4,200 = $2,000. 72. Which of the following is a deduction for AGI? a. State and local sales taxes. b. Interest on home mortgage. c. Charitable contributions. d. Unreimbursed moving expenses of an employee (who is in the military). 73. Evan and Eileen Carter are married and file a joint return for 2022. Both are under 65 years of age. They provide more than half of the support of their daughter, Pamela (age 25), who is a full-time medical student. Pamela receives a $5,000 scholarship covering her tuition at college. Evan and Eileen furnish all of the support of Belinda (Evan’s grandmother), who is age 80 and lives in a nursing home. They also support Peggy (age 66), who is a friend of the family and lives with them. How many dependents may the Carters claim? a. None b. One c. Two d. Three 74. During 2022, Sandeep had the following transactions: Salary Interest income on City of Baltimore bonds Damages for personal injury (car accident) Punitive damages (same car accident) Cash dividends from Chevron Corporation stock

$ 80,000 1,000 100,000 200,000 7,000

Sandeep’s AGI is: a. $187,000. b. $285,000. c. $287,000. d. $387,000.

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Chap_09_2023 75. Natalie is married to Chad, who abandoned her in early June of 2022. She has not seen or communicated with him since then. She maintains a household in which she and her two dependent children live. Which of the following statements about Natalie’s filing status in 2022 is correct? a. Natalie can use the rates for single taxpayers. b. Natalie can file a joint return with Chad. c. Natalie can file as a surviving spouse. d. Natalie can file as a head of household. 76. Which of the following is a deduction for AGI? a. Contributions to a traditional Individual Retirement Account. b. Child support payments. c. Loss on the sale of a personal residence. d. Medical expenses. 77. Harpreet, whose spouse died in December 2021, maintains a household in which her dependent mother lives. Which of the following is her filing status for the tax year 2022? (Note: Harpreet is the executor of her spouse’s estate.) a. Single b. Married, filing separately c. Surviving spouse d. Head of household 78. Hannah, age 70 and single, is claimed as a dependent by her daughter. During 2022, Hannah had interest income of $2,550 and $850 of earned income from babysitting. Hannah’s taxable income is: a. $400. b. $500. c. $2,250. d. $2,550. 79. In which of the following situations may the individual not be claimed as a dependent of the taxpayer? a. A former spouse who lives with the taxpayer (divorce took place last year). b. A stepmother who does not live with the taxpayer. c. A married daughter who lives with the taxpayer. d. A half-brother who does not live with the taxpayer and is a citizen and resident of Honduras. 80. In which of the following situations will the kiddie tax not apply in 2022? a. The child is married but does not file a joint return. b. The child has unearned income of $2,300 or less. c. The child has unearned income that exceeds more than half of his (or her) support. d. The child is under age 24 and a full-time student.

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Chap_09_2023 81. Which of the following items is deductible? a. Substantiated gambling losses (not in excess of gambling winnings) from state lottery. b. Contributions to mayor’s reelection campaign. c. Speeding ticket incurred while on business. d. Premiums paid on personal life insurance policy. 82. Jeremy is married to Amy, who abandoned him in 2021. He has not seen or communicated with her since April of that year. He maintains a household in which their son, Evan, lives. Evan is age 25 and earns over $6,000 each year. For tax year 2022, Jeremy’s filing status is: a. Married, filing jointly. b. Head of household. c. Married, filing separately. d. Surviving spouse. 83. Which of the following statements relating to the standard deduction is correct? a. If a taxpayer dies during the year, the standard deduction must be prorated. b. If a taxpayer is claimed as a dependent of another, the additional standard deduction is allowed in full (i.e., no adjustment is necessary). c. If spouses file separate returns, both must claim the standard deduction (rather than itemize their deductions from AGI). d. If a taxpayer is claimed as a dependent of another, no basic standard deduction is allowed. 84. Ellen, age 12, lives in the same household with her father, grandfather, and uncle. The cost of maintaining the household is provided by her grandfather (40%) and her uncle (60%). Disregarding tie-breaker rules, Ellen is a qualifying child as to: a. Only her father. b. Only her grandfather and uncle. c. Only her uncle. d. All parties involved (i.e., father, grandfather, and uncle).

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Chap_09_2023 85. Which of the following taxpayers may file as a head of household in 2022? Marco provides all of the support for his mother, Sienna, who lives by herself in an apartment in Fort Lauderdale. Marco pays the rent and other expenses for the apartment and properly claims his mother as a dependent. Tammy provides over one-half the support for her 18-year old brother, Dan. He earned $4,600 in 2022 working at a fast-food restaurant and is saving his money to attend college in 2023. Dan lives in Tammy’s home. Juan’s spouse left him late in December of 2021. No legal action was taken and Juan has not heard from his spouse in 2022. Juan supported his 6-year-old son, who lived with him throughout 2022.

a. Marco only b. Tammy only c. Marco and Juan only d. Marco, Tammy, and Juan 86. During 2022, Enrique had the following transactions: Salary Interest income on Xerox bonds Inheritance from uncle Contribution to traditional IRA Capital losses

$70,000 2,000 40,000 5,500 2,500

Enrique’s AGI is: a. $62,000. b. $64,000. c. $67,000. d. $102,000. 87. Regarding the tax formula and its relationship to Form 1040, which of the following statements is correct? a. Most exclusions from gross income are reported on Schedule 2 of Form 1040. b. An above-the-line deduction refers to a deduction from AGI. c. A “Schedule 1 deduction” refers to a deduction for AGI. d. A taxpayer's AGI amount appears both at the bottom of page 1 and at the top of page 2 of Form 1040.

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Chap_09_2023 88. Millie, age 80, is supported during the current year as follows:

Weston (a son) Faith (a daughter) Jake (a cousin) Brayden (unrelated close family friend)

Percent of Support 20% 35% 25% 20%

During the year, Millie lives in an assisted living facility. Under a multiple support agreement, indicate which parties can qualify to claim Millie as a dependent. a. Weston and Faith. b. Faith. c. Weston, Faith, Jake, and Brayden. d. Faith, Jake, and Brayden. 89. Kyle and Liza are married and under 65 years of age. During 2022, they furnish more than half of the support of their 19-year old daughter, Kendra, who lives with them. She graduated from high school in May 2021. Kendra earns $15,000 from a part-time job, most of which she sets aside for future college expenses. Kyle and Liza also provide more than half of the support of Kyle’s cousin who lives with them. Liza’s father, who died on January 3, 2022, at age 90, has for many years qualified as their dependent. How many dependents can Kyle and Liza claim? a. None b. One c. Two d. Three 90. Tony, age 15, is claimed as a dependent by his grandmother. During 2022, he had interest income from Boeing Corporation bonds of $1,000 and earnings from a part-time job of $800. Tony’s taxable income is: a. $1,800. b. $1,800 – $12,950 = $0. c. $1,800 – $1,200 = $600. d. $1,800 – $1,150 = $650. 91. Kyle, whose spouse died in December 2019, filed a joint tax return for 2019. He did not remarry but has continued to maintain his home in which his two dependent children live. What is Kyle’s filing status in 2022? a. Head of household b. Surviving spouse c. Single d. Married filing separately

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Chap_09_2023 92. In terms of the tax formula applicable to individual taxpayers, which of the following statements is correct? a. In arriving at taxable income, a taxpayer must choose between the standard deduction and itemized deductions. b. In arriving at AGI, personal and dependency exemptions are subtracted from gross income. c. In arriving at taxable income, a taxpayer must choose between the standard deduction and the deduction for qualified business income. d. The tax formula does not apply if a taxpayer elects to claim the standard deduction. 93. Which the following is a correct statement relating to the kiddie tax in 2022? a. If the parents are divorced, the income of the noncustodial parent is used to determine the allocable parental tax. b. The components for the application of the kiddie tax are not subject to adjustment for inflation. c. If the kiddie tax applies, the parents must include the income of the child on their own income tax return. d. The kiddie tax does not apply if both parents of the child are deceased. Match the statements that relate to each other. Note: Choice k. may be used more than once. a. Available to a 70-year-old father claimed as a dependent by his son. b. Equal to tax liability divided by taxable income. c. The highest income tax rate applicable to a taxpayer. d. Not eligible for the standard deduction. e. No one qualified taxpayer meets the support test. f. Taxpayer’s ex-spouse does not qualify. g. A dependent child (age 18) who has only unearned income. h. Highest applicable rate is 37%. i. Applicable rate could be as low as 0%. j. Maximum rate is 28%. k. No correct match provided. 94. Multiple support agreement 95. Kiddie tax may be imposed 96. Nonresident alien 97. Tax Rate Schedule 98. Gain on collectibles (held more than one year) 99. Average income tax rate 100. Marginal income tax rate 101. Additional standard deduction 102. Relationship test (for dependency exemption purposes) 103. Long-term capital gains

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Chap_09_2023 Match the statements that relate to each other. Note: Some choices may be used more than once. a. Not available to 65-year old taxpayer who itemizes. b. Exception for U.S. citizenship or residency test (for dependency exemption purposes). c. Largest basic standard deduction available to a dependent who has no earned income in 2022. d. Considered for dependency purposes. e. Qualifies for head of household filing status. f. A child (age 15) who is a dependent and has only earned income. g. Considered in applying gross income test (for dependency exemption purposes). h. Not considered in applying the gross income test (for dependency exemption purposes). i. Unmarried taxpayer who can use the same tax rates as married persons filing jointly. j. Exception to the support test (for dependency exemption purposes). k. A child (age 16) who is a dependent and has only unearned income of $4,500. l. No correct match provided. 104. Surviving spouse 105. Scholarship funds for tuition 106. Additional standard deduction 107. Scholarship funds for room and board 108. Abandoned spouse 109. Basic standard deduction 110. Resident of Canada or Mexico 111. Age of a qualifying child 112. $1,100 113. Kiddie tax applies 114. Kiddie tax does not apply 115. Multiple support agreement

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Chap_09_2023 Regarding classification as a dependent, classify each statement in one of the four categories: a. Could be a qualifying child. b. Could be a qualifying relative. c. Could be either a qualifying child or a qualifying relative. d. Could be neither a qualifying child nor a qualifying relative. 116. A son lives with taxpayer and earns $3,000. 117. A daughter who does not live with taxpayer. 118. A granddaughter, who lives with taxpayer, is 19 years old, earns $5,000, and is not a full-time student. 119. An uncle who lives with taxpayer. 120. A nephew who lives with taxpayer. 121. A niece who lives with taxpayer, is 20 years old, earns $5,000, and is a full-time student. 122. A half-brother who lives with taxpayer. 123. A cousin who does not live with taxpayer. 124. A stepdaughter who does not live with taxpayer. 125. A daughter-in-law who lives with taxpayer. 126. A family friend who is supported by and lives with the taxpayer. 127. An ex-spouse (divorce occurred last year) who lives with taxpayer. 128. Michaella, age 23, is a full-time law student and is claimed by her parents as a dependent. During 2022, she received $1,500 interest income from a bank savings account and $12,700 from a part-time job. What is Michaella’s taxable income for 2022?

129. Hunter (age 68) and his wife Jenelle (age 70) file a joint return. They furnish all of the support of Luther (Hunter’s 90-year old father) who lives with them. In 2022, the couple received $6,000 of interest income on City of Chicago bonds and interest and dividend income on corporate stocks and bonds of $50,000. Compute Hunter and Jenelle’s taxable income for 2022.

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Chap_09_2023 130. Taylor, who works for a public accounting firm, had the following transactions for 2022: Salary Moving expenses incurred to change jobs Inheritance received from deceased uncle Life insurance proceeds from policy on uncle’s life (Taylor was named the beneficiary) Cash prize from church raffle Payment of church pledge

$ 85,000 (12,000) 300,000 200,000 3,000 (4,500)

What is Taylor’s AGI for 2022?

131. Ashley had the following transactions during 2022: Salary Interest income on bonds— Issued by City of Nashville Issued by Chevron Corporation Alimony received (divorce finalized in 2015) Child support received (divorce finalized in 2015) City and state income taxes paid Bank loan obtained to pay for car purchase

$90,000 $4,000 5,000

9,000 5,000 20,000 (5,000) 15,000

What is Ashley’s AGI for 2022?

132. Helen, age 74 and a widow, is claimed as a dependent by her daughter. For 2022, Helen had income as follows: $2,500 interest on municipal bonds; $3,200 Social Security benefits; $3,000 income from a part-time job; and $2,800 dividends on stock investments. What is Helen’s taxable income for 2022?

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Chap_09_2023 133. Kohsei had the following transactions for 2022: Salary Alimony paid (divorce finalized in 2016) Recovery from car accident— Personal injury damages Punitive damages Gift from parents Property sales— Loss on sale of boat (used for pleasure and owned 4 years) Gain on sale of ADM stock (held for 10 months as an investment)

$ 80,000 (4,000) $40,000 70,000

($4,000) 4,000

110,000 20,000

(–0–)

What is Kohsei’s AGI for 2022?

134. In 2022 Tom is single and has AGI of $50,000. He is age 70, has no dependents, and has itemized deductions (i.e., from AGI) of $7,000. Determine Tom’s taxable income for 2022.

135. Warren, age 17, is claimed as a dependent by his father. In 2022, Warren has dividend income of $1,500 and earns $450 from a part-time job. a.

What is Warren’s taxable income for 2022?

Suppose that Warren earned $1,200 (not $400) from the part-time job. What is his taxable income for 2022?

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Chap_09_2023 136. Pedro is married to Consuela who lives with him. Both are U.S. citizens and residents of Nebraska. Pedro furnishes all of the support of his parents who are citizens and residents of the United States. He also furnishes all of the support of Consuela’s parents who are citizens and residents of El Salvador. Consuela has no gross income for the year. If Pedro and Consuela file as married persons filing jointly, how many dependents can they claim?

137. In 2022, Ashley earns a salary of $55,000, has capital gains of $3,000, and receives interest income of $5,000. Her spouse died in 2021. Ashley has a dependent son, Tyrone, who is age eight. Her itemized deductions are $9,000. a. b.

What is her filing status? Calculate Ashley’s taxable income for 2021.

138. When married persons file a joint return, joint and several liability results. What does this mean?

139. In applying the gross income test in the case of dependents that are married, could the application of community property laws have any effect? Explain.

140. For 2022, Tom has taxable income of $48,005. When he uses the Tax Tables, Tom finds that his tax liability is higher than under the Tax Rate Schedules. a.

Why is there a difference?

Can Tom use the Tax Rate Schedules?

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Chap_09_2023 141. For the past few years, Corey’s filing status has been as follows: 2018 (married/joint); 2019 (married/separate); 2020 (surviving spouse); 2021 (surviving spouse); and 2022 (head of household). Explain what probably has happened.

142. After paying down the mortgage on their personal residence, the Hills have found that their itemized deductions for each year are always slightly less than the standard deduction option. a.

Explain what has happened.

What remedy do you suggest?

143. List at least three exceptions to the application of the kiddie tax.

144. Contrast the tax consequences resulting from the following filing status situations: a.

Married filing jointly versus married filing separately.

Married filing separately versus single.

Married filing separately versus abandoned spouse status.

145. During the current year, Doris received a large gift from her parents and a sizeable inheritance from an uncle. She also paid premiums on an insurance policy on her life. Doris is confused because she cannot find any place on Form 1040 to report these items. Explain.

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Chap_09_2023 146. The major advantage of being classified as an abandoned spouse is that the taxpayer is treated for tax purposes as being single and not married. This means that an abandoned spouse can use the more favorable tax rates available to single persons than those available to married persons filing separately. Comment on the accuracy of this conclusion.

147. The Martins have a teenage son who has become an accomplished bagpiper. With proper promotion and scheduling, the son has good income potential by charging for his services at special events (particularly funerals). However, the Martins are fearful that the income could generate a kiddie tax and cause them the loss of a dependent tax credit. Are the Martins’ concerns justified? Explain.

148. In order to claim someone other than a qualifying child as a dependent, a taxpayer must meet the support test. Generally, this is done by furnishing more than 50% of a dependent’s support. What exceptions exist, if any, where the support furnished need not be more than 50%?

149. Deductions for AGI are often referred to as “above-the-line” or “Schedule 1” deductions. Explain.

150. Adjusted gross income (AGI) sets the ceiling or the floor for certain deductions. Explain and illustrate what this statement means.

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Chap_09_2023 151. When filing their Federal income tax returns, the Youngs always claimed the standard deduction. After they purchased a home, however, they started to itemize their deductions from AGI. a.

Explain the reason for the change.

Suppose they purchased the home in November 2021, but did not start itemizing until tax year 2022. Why the delay as to itemizing?

152. Under what circumstances, if any, may an ex-spouse be claimed as a dependent?

153. Mel is not quite sure whether an expenditure he made is a deduction for AGI or a deduction from AGI. Since he plans to choose the standard deduction option for the year, does the distinction matter? Explain.

154. Mandeep’s parents live in another state and she cannot claim them as her dependents. If Mandeep pays their medical expenses, can she derive any tax benefit from doing so? Explain.

155. Regarding head of household filing status, comment on the following: a.

A taxpayer qualifies even though he maintains a household which he and the dependent do not share.

A taxpayer does not qualify even though the person sharing the household is a dependent.

The usual eventual filing status of a surviving spouse.

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Chap_09_2023 156. Lena is 66 years of age, single, and blind and is not claimed as a dependent. How much gross income must she have before she is required to file a Federal income tax return for 2022?

157. In resolving qualified child status for dependency purposes, why are tiebreaker rules necessary? Can these rules be waived?

158. In satisfying the support test and the gross income test for claiming someone as a dependent, a scholarship received by the person being claimed is handled the same way for each test. Do you agree or disagree with this statement? Why?

159. Jayden and Dean Harper are married and use the calendar year for tax purposes. a.

If the Harpers file a joint return for 2022, can they later switch to separate returns for 2022?

If the Harpers file separate returns for 2022, can they later switch to a joint return for 2022?

160. The Dargers have itemized deductions that exceed the standard deduction. However, when they file their joint return, they choose the standard deduction option. a.

Is this proper procedure?

Aside from a possible misunderstanding as to the tax law, what might be the reason for the Darger’s choice?

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Chap_09_2023 161. The Deweys are expecting to save on their taxes for 2022. Not only have both incurred large medical expenses, but both reached age 65. During the year, they also recognized a $30,000 loss on some land they sold which was purchased as an investment several years ago. Are the Deweys under a mistaken understanding regarding their tax position? Explain.

162. In meeting the criteria of a qualifying child for dependency purposes, when if ever, might the child’s income become relevant?

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Chap_09_2023 Answer Key 1. True 2. False 3. False 4. True 5. False 6. False 7. True 8. True 9. False 10. True 11. False 12. True 13. True 14. False 15. True 16. False 17. True 18. True 19. False 20. True 21. False 22. True 23. True 24. True 25. True 26. False

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Chap_09_2023 27. True 28. True 29. False 30. True 31. True 32. False 33. True 34. True 35. True 36. False 37. False 38. False 39. False 40. False 41. True 42. False 43. True 44. False 45. True 46. False 47. False 48. False 49. False 50. False 51. True 52. True 53. True 54. False Copyright Cengage Learning. Powered by Cognero.

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Chap_09_2023 55. True 56. True 57. False 58. True 59. False 60. False 61. False 62. True 63. False 64. c 65. d 66. b 67. c 68. c 69. a 70. a 71. c 72. d 73. d 74. c 75. d 76. a 77. d 78. a 79. d 80. b 81. a 82. c Copyright Cengage Learning. Powered by Cognero.

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Chap_09_2023 83. b 84. d 85. d 86. b 87. c 88. a 89. c 90. c 91. a 92. a 93. d 94. e 95. g 96. d 97. h 98. j 99. b 100. c 101. a 102. f 103. i 104. i 105. h 106. a 107. g 108. e 109. a 110. b Copyright Cengage Learning. Powered by Cognero.

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Chap_09_2023 111. d 112. c 113. k 114. f 115. j 116. c 117. b 118. d 119. b 120. c 121. a 122. c 123. d 124. b 125. b 126. b 127. b 128. $1,250. Michaella’s standard deduction is the greater of $12,700 (earned income) + $400 or $1,150. But the $13,100 is limited to $12,950 (the standard deduction allowed a single person). Thus, $1,500 + $12,700 – $12,550 = $1,250 taxable income. 129. $21,300. Their gross income is $50,000 since the $6,000 interest on municipal bonds is an exclusion. They are entitled to a basic standard deduction of $25,900 and additional standard deductions of $1,400 each for being age 65 or older. Luther is a dependent (but this has no impact on their taxable income determination; it will provide a dependent tax credit). Thus, $21,300 [$50,000 – $25,900 – $2,800 (2 × $1,400)]. 130. $88,000 [$85,000 (salary) + $3,000 (raffle prize)]. The moving expenses are not deductible. The inheritance and life insurance proceeds are exclusions from gross income. The payment by Taylor of her church pledge is a deduction from AGI. Thus, it does not enter into the determination of AGI. 131. $100,000 [$90,000 (salary) + $5,000 (interest on Chevron Corporation bonds) + $5,000 (alimony received)]. Interest on the City of Nashville bonds is an exclusion from gross income. The bank loan has no tax effect, because Ashley is obligated to repay the amount borrowed. City and state income taxes are deductions from AGI.

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Chap_09_2023 132. $650 [$3,000 (income from job) + $2,800 (dividends) – $3,400 (basic standard deduction is $3,000 + $400; this is greater than $1,150) – $1,750 (additional standard deduction for age)]. The Social Security benefits of $3,200 and the interest on municipal bonds of $2,500 are excludible from her gross income (i.e., not taxable). 133. $150,000 [$80,000 (salary) – $4,000 (alimony paid) + $70,000 (punitive damage award) + $4,000 (short-term capital gain on the sale of stock investment)]. The personal injury recovery and the gift from Kohsei’s parents are exclusions from gross income. The loss from the sale of the boat is personal and therefore nondeductible. The shortterm capital gain on the sale of the ADM stock is taxed in full as ordinary income. 134. $35,300. Tom’s standard deduction is $12,950 (basic) + $1,750 (additional) for a total of $14,700. Consequently, he should select the standard deduction option since it exceeds his itemized deductions of $7,000. Thus, his taxable income is $35,300, determined as follows: $50,000 (AGI) – $14,700 (standard deduction). 135. a.

$800. Warren’s standard deduction is $1,150 (the greater of $450 (earned income) + $400 or $1,150). Thus, $1,500 + $450 – $1,150 = $800 taxable income.

$1,100. Warren’s standard deduction now becomes $1,600 ($1,200 + $400). Thus, $1,500 + $1,200 – $1,600 = $1,100 taxable income.

136. Two. Only Pedro's parents are dependents. Consuela’s parents meet neither the citizenship nor residency tests. 137. a. b.

Ashley satisfies the requirements for a surviving spouse. Salary Capital gains Interest AGI Less: Standard deduction Taxable income

$55,000 3,000 5,000 $63,000 (25,900) $37,100

138. Joint and several liability means that either spouse is fully liable for any income tax due for the year. Thus, if more tax is due, the IRS can pursue either spouse for the deficiency.

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Chap_09_2023 139. Most often, the application of community property laws will impact on the dependency status of the spouse of a qualifying child. Suppose, for example, Roger maintains a household that includes his 18-year-old daughter, Alice, and her husband, Craig. Assume further that, in 2022, Alice earns $9,000 from a part-time job while Craig has no income. In a common law state, Craig meets the gross income test (he has no gross income; in 2022, a nonqualifying child must have gross income less than $4,400) while Alice’s gross income, as a qualifying child, is immaterial. In a community property state, however, Craig now violates the gross income test with $4,500 (50% × $9,000) of income, while Alice remains immune. 140. a.

Even though the Tax Tables are based on the Tax Rate Schedules, minor differences in the tax liabilities will result. The variance is due to the fact that the tax for any table bracket amount is determined by using the midpoint amount. In Tom’s case, the tax on the $48,000 – $48,050 bracket is the tax on $48,025. Because Tom’s taxable income (i.e., $48,005) is below $48,025, his tax will be higher. No. Unless taxable income is $100,000 or more (or in some other special situations), taxpayers must use the Tax Tables.

141. One probable explanation is that Corey’s wife died in 2019 and the executor of her estate refused to agree to filing a joint return. As surviving spouse status does not continue beyond two years, Corey is relegated to head of household status in 2022. 142. a.

Paying down the mortgage reduced the interest expense deduction. With less interest expense, the Hills’ deductions from AGI no longer exceed the standard deduction amount.

The Hills should begin concentrating their other itemized deductions (e.g., charitable contributions) by paying for multiple years in the same year. Being on a cash basis, the timing of the deduction is based on the year of payment. In alternate years, moreover, the standard deduction is claimed.

143. ∙ Unearned income of $2,300 or less. ∙ Age 19 (or age 24 if a full-time student) or older. ∙ Both parents deceased. ∙ Earned income in excess of 50% of support. ∙ Married and filing a joint return with spouse.

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Chap_09_2023 144. a.

Married persons filing jointly have a number of tax elections available to them that cannot be chosen if they file separate returns. For example, the credit for child and dependent care expenses and the earned income credit are not available unless married persons file joint returns.

Married persons filing separately often will not fare as well as the couple that remains single. For one advantage, each single person has full flexibility in choosing between the standard deduction and itemizing and is not bound by what the companion does. A second advantage is the ability of each to apply a full $3,000 of excess capital losses against ordinary income. For married persons filing separate returns, the ordinary income offset is restricted to $1,500 each.

Because abandoned spouse status means that the taxpayer is treated as being single, the same advantages mentioned in part a. above exist when compared to married persons filing separate returns. Even more advantageous is that abandoned spouse status permits the use of head of household filing status. Head of household tax rates are lower than those applicable to single persons (and married persons filing separate returns). Also, the standard deduction amount for head of household filing status is larger than that available to single persons (and married persons filing separate returns).

145. Gifts and inheritances are exclusions from gross income. Like most exclusions, they are not reported on Form 1040. Premiums on a personal life insurance policy are nondeductible. Nondeductible items, such as these premiums, are not reported on Form 1040 146. The conclusion is incorrect. The classification of abandoned spouse allows the taxpayer to the use of the rates for head of household filing status which are more favorable than married filing separately. 147. The income received by the son would be earned income. Therefore, the kiddie tax is not a problem since it applies only to unearned income. As long as the son is under age 19 (or a full-time student under age 24), he is a dependent as a qualifying child. Under these rules, the amount of the son’s income does not matter (unless he becomes selfsupporting). If the son is age 19 (or older) and not a student, he must satisfy the qualifying relative rules. Here, not meeting the gross income test (in 2022, gross income must be less than $4,400) would mean their son would not be a dependent. 148. One exception involves the multiple support agreement. Here, family members collectively furnish more than 50% of the support, but no one person does so. For those qualified individuals who contribute more than 10%, the group can designate which person may claim the dependency exemption. The second exception involves the divorced parents of children. The custodial parent is entitled to the dependency exemptions for the children. If this parent agrees not to claim the exemption(s), then the noncustodial parent may do so. 149. Above-the-line means before AGI (or for AGI deductions). These deductions appear on Schedule 1 of Form 1040. 150. By a ceiling what is meant is that the deduction cannot exceed a percentage of AGI. For example, the charitable contribution deduction cannot exceed 30% of a taxpayer’s AGI for certain contributions of property. By a floor what is meant is that a deduction is allowed only if it exceeds a percentage of AGI. Thus, the deduction for medical expenses is limited to the excess of these expenses over 7.5% of AGI. Copyright Cengage Learning. Powered by Cognero.

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Chap_09_2023 151. a.

The interest on the home mortgage and the property taxes gave the Youngs itemized deductions in excess of the applicable standard deduction.

The home mortgage interest and property taxes for two months (i.e., November and December) may not have been enough to place the Youngs in a position to exceed the applicable standard deduction for 2021. In 2022, however, a full 12 months worth of home mortgage interest and property taxes in involved.

152. As an ex-spouse does not meet the relationship test, the ex-spouse must be a member of the taxpayer’s household. The association cannot be in violation of local law and the year involved cannot be the year of the divorce. 153. It makes a great deal of difference if the expenditure is a deduction for AGI. If it is, Mel will benefit taxwise. It makes no difference, however, if it is a deduction from. The standard deduction is in lieu of itemized deductions. 154. If Mandeep could otherwise claim her parents as dependents except for not satisfying either the gross income or the joint return tests, she can claim any medical expenses paid on their behalf. 155. a.

If the household is that of a dependent parent, it need not be taxpayer’s household.

If the household does not include a dependent that meets the relationship test, head of household filing status is unavailable. An example would be a taxpayer who maintains a household for a cousin who lives with her. Even if the cousin is a dependent under the member of the household test, taxpayer does not qualify for head of household filing status. A cousin does not satisfy the relationship test.

Once the two-year surviving spouse period terminates, the taxpayer usually will qualify for head of household filing status if the taxpayer continues to maintain a household for a dependent child..

156. $14,700 [$12,950 (basic standard deduction) + $1,750 (additional standard deduction for age)]. Note that the additional standard deduction for blindness does not come into play in determining the gross income required for filing a tax return. 157. A person being claimed as a dependent may satisfy qualified child status as to more than one taxpayer. See the concept summary (and the related examples) in the text. The tiebreaker rules can be waived. 158. Disagree. For purposes of the support test, all of the scholarship is disregarded. For purposes of the gross income test, only the taxable part is considered (i.e., the nontaxable part is disregarded).

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Chap_09_2023 159. a.

Unless the Harpers do so on or before the regular filing date (i.e., April 17, 2023), they cannot switch to separate returns. Yes, they can unless the statute of limitations has run (usually three years from the filing date).

160. a.

Yes. The choice between itemizing and claiming the standard deduction is elective and up to the taxpayer. The excess of the itemized deductions over the standard deduction may be marginal, and the Dargers are willing to forgo the effort of itemizing for a small tax savings. Also, they may not maintain the records (i.e., substantiation) that some itemized deductions require. Additionally, it reduces their audit exposure.

161. The Deweys are expecting to qualify for two additional standard deductions and anticipating a deduction for medical expenses. The two objectives cannot coexist. Claiming a medical deduction requires that they itemize. Taxpayers who itemize, however, cannot claim any type of standard deduction. Regarding the capital loss, and presuming no capital gains, only $3,000 can be deducted against their other income. The balance of $27,000 must be carried over to future years. 162. The amount of income earned by the qualifying child normally is of no consequence. If, however, such income is used to make the child self-supporting, then the child can no longer be a qualifying child. Such child also would not be a qualifying relative due to the gross income and support tests.

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Chap_10_2023 Indicate whether the statement is true or false. 1. For all of the current year, Randy (a calendar year taxpayer) allowed the Salvation Army to use rent-free a building he owns. The building normally rents for $24,000 a year. Randy will be allowed a charitable contribution deduction this year of $24,000. a. True b. False 2. To dissuade his pastor from resigning and taking a position with a larger church, Michael, an ardent leader of the congregation, gives the pastor a new car. The cost of the car is deductible by Michael as a charitable contribution. a. True b. False 3. Chad pays the medical expenses of his son, James. James would qualify as Chad’s dependent except that he earns $7,500 during the year. Chad may claim James’ medical expenses even if he is not a dependent. a. True b. False 4. Trent sells his personal residence to Chester on July 1, 2022. He had paid $7,000 in real property taxes on March 1, 2022, the due date for property taxes for 2022. Trent may not deduct the portion of the taxes he paid for the period the property was owned by Chester. a. True b. False 5. Ronaldo contributed stock worth $12,000 to the Children’s Protective Agency, a qualified charity. He acquired the stock 20 months ago for $7,000. He may deduct $7,000 as a charitable contribution deduction (subject to percentage limitations). a. True b. False 6. Child and dependent care expenses include amounts paid for general household services. a. True b. False 7. George and Aaron divorced in 2022. Pursuant to the divorce agreement, George is required to pay Aaron $20,000 of alimony each year. George earns $75,000 a year. Aaron is required to include the alimony payments in gross income although George earned the income. a. True b. False 8. In January 2023, Pam, a calendar year cash basis taxpayer, made an estimated state income tax payment for 2022. The payment is deductible in 2022.

a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_10_2023 9. Qualifying tuition expenses paid from the proceeds of a tax-exempt scholarship do not give rise to an education tax credit. a. True b. False 10. Sergio was required by the city to pay $2,000 for the cost of new curbing installed by the city in front of his personal residence. The new curbing was installed throughout Sergio’s neighborhood as part of a street upgrade project. Sergio may not deduct $2,000 as a tax, but he may add the $2,000 to the basis of his property. a. True b. False 11. On December 31, Lynette used her credit card to make a $500 contribution to the United Way, a qualified charitable organization. She will pay her credit card balance in January of the following year. If Lynette itemizes, she can deduct the $500 in the year she used the card. a. True b. False 12. Jim’s employer pays half of the premiums on a group medical insurance plan covering all employees, and employees pay the other half. Jim can exclude the half of the premium paid by his employer from his gross income and may include the half he pays in determining his medical expense deduction. a. True b. False 13. In 2022, Theresa was in an automobile accident and suffered physical injuries. The accident was caused by Ramon’s negligence. In 2023, Theresa collected from his insurance company. She received $15,000 for loss of income, $10,000 for pain and suffering, $50,000 for punitive damages, and $6,000 for medical expenses that she had deducted on her 2022 tax return (the amount in excess of 7.5% of adjusted gross income). As a result of this, Theresa’s 2023 gross income is increased by $56,000. a. True b. False 14. A taxpayer’s earned income credit is computed using the number of any qualifying children. a. True b. False 15. On the recommendation of a physician, Mario has a swimming pool installed at his residence because of a heart condition. If he is allowed to deduct all or part of the cost of the pool, Mario’s increase in utility bills due to the operation of the pool qualifies as a medical expense. a. True b. False 16. A taxpayer may not deduct the cost of new curbing (relative to a personal residence) even if the construction is required by the city and the curbing provides an incidental benefit to the public welfare. a. True b. False

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Chap_10_2023 17. Maria traveled to Rochester, MN with her son who had surgery at the Mayo Clinic. She stayed at the clinic for the duration of his treatment. She paid airfare of $300 and $50 per night for lodging. The cost of Maria’s airfare and lodging cannot be included in determining her medical expense deduction. a. True b. False 18. Soraya pays the employer's share of FICA on the wages she pays her housekeeper to clean and maintain Soraya’s personal residence. The FICA payment is not deductible as an itemized deduction. a. True b. False 19. Points paid by the owner of a personal residence to refinance an existing mortgage must be capitalized and amortized over the life of the new mortgage. a. True b. False 20. The tax benefit received from a tax credit is unaffected by the tax rate of the taxpayer. a. True b. False 21. Hanson is the sole proprietor of a furniture store. He can deduct real property taxes on his store building as a business deduction but he cannot deduct state income taxes related to his net income from the furniture store as a business deduction. a. True b. False 22. Interest paid or accrued during 2022 on aggregate acquisition indebtedness of $2 million or less ($1 million or less for married persons filing separate returns) is deductible as qualified residence interest. a. True b. False 23. In December 2022, Emily, a cash basis taxpayer, received a $2,500 cash scholarship for the spring semester of 2023. However, she did not use the funds to pay the tuition until January 2023. Emily can exclude the $2,500 from her gross income in 2022. a. True b. False 24. After his divorce in 2015, Jeff was required to pay $18,000 per year to his former spouse, Darlene, who had custody of their child. Jeff’s payments will be reduced to $12,000 per year in the event the child dies or reaches age 21. During the year, Jeff paid the $18,000 required under the divorce agreement. Darlene must include $12,000 in gross income. a. True b. False

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Chap_10_2023 25. The education tax credits (i.e., the American Opportunity credit and the lifetime learning credit) are available to help defray the cost of higher education, regardless of the income level of the taxpayer. a. True b. False 26. Only married taxpayers with children can claim the earned income credit. a. True b. False 27. Adrienne sustained serious facial injuries in a motorcycle accident. To restore her physical appearance, Adrienne had cosmetic surgery. She cannot deduct the cost of this procedure as a medical expense. a. True b. False 28. For purposes of computing the credit for child and dependent care expenses, the qualifying employment-related expenses are limited to the actual or deemed earned income of the taxpayer or their spouse. a. True b. False 29. Expenses that are reimbursed by a taxpayer’s employer and excluded from gross income under a dependent care assistance program can qualify for the credit for child and dependent care expenses. a. True b. False 30. Both education tax credits are available for qualified tuition expenses, and in certain instances, also may be available for room and board. a. True b. False 31. Letha incurred a $1,600 prepayment penalty to a lending institution because she paid off the mortgage on her home early. The $1,600 is deductible as interest expense. a. True b. False 32. Al contributed a painting to the Metropolitan Art Museum of St. Louis, MO. The painting, purchased six years earlier, was worth $40,000 when donated, and Al’s basis was $25,000. If this painting is immediately sold by the museum and the proceeds are placed in the general fund, Al’s charitable contribution deduction is $25,000 (subject to percentage limitations). a. True b. False 33. Nonrefundable credits are those that reduce the taxpayer’s tax liability but are not paid when the amount of the credit (or credits) exceeds the taxpayer’s tax liability. a. True b. False

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Chap_10_2023 34. This year Allison drove 800 miles to volunteer in a project sponsored by a qualified charitable organization in Utah. In addition, she spent $250 for meals while away from home. In total, Allison may take a charitable contribution deduction of $112 (800 miles × $0.14) relating to her volunteer work. a. True b. False 35. Judy paid $40 for Girl Scout cookies and $40 for Boy Scout popcorn. She may claim an $80 charitable contribution deduction. a. True b. False 36. The maximum child tax credit in 2022 is $1,500 per qualifying child. a. True b. False 37. Ashley received a scholarship to be used as follows: tuition, $6,000; room and board, $9,000; and books and laboratory supplies, $2,000. Ashley is required to include only $9,000 in her gross income. a. True b. False 38. Gambling losses may be deducted to the extent of the taxpayer’s gambling winnings. a. True b. False 39. Jacob and Emily were co-owners of a personal residence. As part of their divorce agreement entered into in 2022, Emily paid Jacob cash for his interest in the personal residence. This cash payment results in a taxable gain to Jacob if he receives more cash than his share of the cost of the residence. a. True b. False 40. In the case of a person with other income of $300,000, 15% of their Social Security benefits received are excluded from gross income. a. True b. False 41. Mindy paid an appraiser to determine how much a capital improvement made for medical reasons increased the value of her personal residence. The appraisal fee qualifies as a deductible medical expense. a. True b. False 42. Contributions to public charities in excess of 50% of AGI may be carried back three years or forward for up to five years. a. True b. False

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Chap_10_2023 43. Noah gave $750 to a good friend whose house was destroyed by an earthquake. In addition, Noah contributed his time, valued at $250, in the cleanup effort. Noah may claim a charitable deduction of $1,000 on his tax return for the current year. a. True b. False 44. Leona borrows $100,000 from First National Bank and uses the proceeds to purchase City of Houston bonds. The interest Leona pays on this loan is deductible as investment interest subject to the investment interest limits. a. True b. False 45. A taxpayer pays points to obtain financing to purchase a second residence. At the election of the taxpayer, the points can be deducted as interest expense for the year paid. a. True b. False 46. Meg’s employer carries insurance on its employees that will pay an employee their regular salary while the employee is away from work due to illness. The premiums for Meg’s coverage were $1,800. Meg was absent from work for two months as a result of a kidney infection. Her employer’s insurance company paid Meg's regular salary of $8,000 while she was away from work. Meg also collected $2,000 on a wage continuation policy she had purchased. Meg must include $11,800 in her gross income. a. True b. False 47. Dan contributed stock worth $16,000 to his college alma mater, a qualified charity. He acquired the stock 11 months ago for $4,000. He may deduct $16,000 as a charitable contribution deduction (subject to percentage limitations). a. True b. False 48. The tax benefits resulting from tax credits and tax deductions are affected by the tax rate of the taxpayer. a. True b. False 49. If a lottery prize winner transfers the prize to a qualified government unit or nonprofit organization, then the prize is excluded from the winner’s gross income if the amount of the prize does not exceed 30% of the winner’s AGI. a. True b. False 50. The credit for child and dependent care expenses is an example of a refundable credit. a. True b. False

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Chap_10_2023 51. During the year, Victor spent $300 on bingo games sponsored by his church. If all profits went to the church, Victor has a charitable contribution deduction of $300. a. True b. False 52. Sam was unemployed for the first two months of 2022. During that time, he received $4,000 of state unemployment benefits. He worked for the next six months and earned $14,000. In September, he was injured on the job and collected $5,000 of workers’ compensation benefits. Sam’s Federal gross income from this is $18,000 ($4,000 + $14,000). a. True b. False 53. Fees for automobile inspections, automobile titles and registration, bridge and highway tolls, parking meter deposits, and postage are not deductible if incurred for personal reasons, but they are deductible as deductions for AGI if incurred as a business expense by a self-employed taxpayer. a. True b. False 54. Workers’ compensation benefits are included in gross income if the employer also pays the employee while the employee is recovering from their injury. a. True b. False 55. The earned income credit is a refundable credit. a. True b. False 56. Ted earned $150,000 during the current year. He paid Alice, his former wife, $75,000 in alimony. The couple divorced in 2017. Alice must include $75,000 in her current year gross income. a. True b. False 57. Paula transfers stock to her former spouse, Antonio pursuant to a divorce agreement. Paula’s cost of the stock was $75,000 and its fair market value on the date of the transfer is $95,000. Paula must recognize a $20,000 gain on the transfer. a. True b. False 58. If a scholarship does not satisfy the requirements for a gift, the scholarship must be included in gross income. a. True b. False

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Chap_10_2023 59. In April 2022, Bertie, a calendar year cash basis taxpayer, had to pay the state of Michigan additional income tax for 2021. Even though it relates to 2021, for Federal income tax purposes, the payment qualifies as a tax deduction for tax year 2022. a. True b. False 60. Maria made significant charitable contributions of capital gain property in the current year. In fact, the amount of the contributions exceeds 30% of her AGI. The excess charitable contribution that is not deductible this year can be carried over for five years. a. True b. False 61. A taxpayer may qualify for the credit for child and dependent care expenses if the taxpayer’s dependent is age 17. a. True b. False 62. Personal expenditures that are deductible as itemized deductions include medical expenses, Federal income taxes, state income taxes, property taxes on a personal residence, mortgage interest, and charitable contributions. a. True b. False 63. Bill paid $2,500 of medical expenses for his daughter, Marie. She is married to Sonia and they file a joint return. Bill can include the $2,500 of expenses when calculating his medical expense deduction. a. True b. False 64. Excess charitable contributions that come under the 30%-of-AGI ceiling are always subject to the 30%-of-AGI ceiling in the carryover year. a. True b. False 65. Grace’s sole source of income is from a restaurant that she owns and operates as a proprietorship. Any state income tax Grace pays on the business net income must be deducted as a business expense rather than as an itemized deduction. a. True b. False 66. Shanice received a graduate teaching assistantship that was awarded on the basis of academic achievement. The payments must be included in her gross income. a. True b. False

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Chap_10_2023 67. Mason, a physically disabled individual, pays $10,000 this year for the installation of wheelchair ramps, support bars, and railings in his personal residence. These improvements increase the value of his personal residence by $2,000. Only $8,000 of the expenditure qualifies as a medical expense for tax purposes. a. True b. False 68. The election to itemize is appropriate when total itemized deductions are less than the standard deduction based on the taxpayer’s filing status. a. True b. False 69. During the year, Eve, a resident of Billings, MT, spends three consecutive weeks in Louisville, KY. One week is spent representing the Billings First Christian Church at the national convention, and two weeks are spent vacationing with relatives. One-third of Eve’s travel expenses will qualify as a charitable deduction. a. True b. False 70. For purposes of computing the deduction for qualified residence interest, a qualified residence includes the taxpayer’s principal residence and two other residences of the taxpayer or spouse. a. True b. False 71. Joe, a cash basis taxpayer, took out a 12-month business loan on December 1, 2022. He prepaid all $3,600 of the interest on the loan on December 1, 2022. Joe can deduct only $300 of the prepaid interest in 2022. a. True b. False 72. Thania mailed a check for $2,200 to a qualified charitable organization on December 31, 2022. The $2,200 contribution is deductible on Thania’s 2022 tax return if she itemizes her deductions. a. True b. False 73. Matt, a calendar year taxpayer, pays $11,000 in medical expenses in 2022. He expects $5,000 of these expenses to be reimbursed by an insurance company in 2023. In determining his medical expense deduction for 2022, Matt must reduce his 2022 medical expenses by the amount of the reimbursement he expects in 2023. a. True b. False 74. Child care payments to a relative are not eligible for the credit for child and dependent care expenses if the relative is a child (under age 19) of the taxpayer. a. True b. False

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Chap_10_2023 75. Georgia contributed $2,000 to a qualifying Health Savings Account in the current year. The entire amount qualifies as an expense deductible for AGI. a. True b. False 76. In 2022, the child tax credit is based on the number of the taxpayer’s qualifying children under age 17. a. True b. False 77. Tom, whose MAGI is $40,000, paid $3,500 of interest on a qualified student loan in 2022. He is single and may deduct the $3,500 interest as an itemized deduction. a. True b. False 78. For purposes of computing the deduction for qualified residence interest, a qualified residence includes only the taxpayer’s principal residence. a. True b. False 79. In 2022, Rhonda received an insurance reimbursement for medical expenses incurred in 2021. She is not required to include the reimbursement in gross income in 2022 if she claimed the standard deduction in 2021. a. True b. False 80. Jesse sold a personal residence to Steven and paid points of $3,500 on the loan to help Steven finance the purchase. Jesse can deduct the points as interest. a. True b. False 81. Neha, who is single, has itemized deductions totaling $20,000. She overpaid her 2021 state income tax and is entitled to a refund of $400 in 2022. Neha chooses to apply the $400 overpayment toward her state income taxes for 2022. She is required to recognize that amount as income in 2022. a. True b. False 82. The earned income credit is available only if the taxpayer has at least one qualifying child in the household. a. True b. False 83. John told his nephew, Steve, “if you maintain my house when I cannot, I will leave the house to you when I die." Steve maintained the house and when John died, Steve inherited the house. The value of the residence can be excluded from Steve’s gross income as an inheritance. a. True b. False

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Chap_10_2023 84. In 2022, the maximum credit for child and dependent care expenses is $2,100 if only one spouse is employed and the other spouse is a full-time student. a. True b. False 85. Capital assets donated to a public charity that would result in long-term capital gain if sold are subject to the 30%-of-AGI ceiling limitation on charitable contributions for individuals. a. True b. False 86. Brooke works part-time as a waitress in a restaurant. For groups of seven or more customers, the customer is charged 15% of the bill for Brooke’s services. For parties of less than seven, the tips are voluntary. Brooke received $11,000 from the groups of seven or more and $7,000 in voluntary tips from all other customers. Using the customary 15% rate, her voluntary tips would have been only $6,000. Brooke must include $18,000 ($11,000 + $7,000) in gross income. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 87. The exclusion for health insurance premiums paid by an employer applies to: a. Only current employees and their spouses. b. Only current employees and their spouses and dependents. c. Only current employees and their disabled spouses. d. Current employees, retired former employees, and their spouses and dependents. 88. Jack received a court award in a civil libel and slander suit against National Gossip. He received $120,000 for damages to his professional reputation, $100,000 for damages to his personal reputation, and $50,000 in punitive damages. Jack must include in his gross income as a damage award: a. $0. b. $100,000. c. $120,000. d. $270,000.

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Chap_10_2023 89. Bob and Sally are married, file a joint tax return, report AGI of $123,000, and have two children. Del is beginning her freshman year at State College during fall 2022, and Owen is beginning his senior year at Southwest University during fall 2022. Owen completed his junior year during the spring semester of 2021 (i.e., he took a “gap year” for the 2021-2022 school year). Both Del and Owen qualify as dependents of their parents. For the fall 2022 semester, Del’s qualifying tuition expenses and fees total $5,000 and Owen’s qualifying tuition expenses were $6,100. Del’s room and board costs were $3,200 for the fall 2022 semester. Owen did not incur room and board costs; he lived with his aunt and uncle during the year. Full payment is made for the tuition and related expenses for both children at the beginning of each semester. In addition to the children’s college expenses, Bob also spent $3,000 on professional education seminars during the year to maintain his license as a practicing dentist. Bob attended the seminars during July and August 2022. Compute the available education tax credits for Bob and Sally for 2022. a. $2,500 b. $3,100 c. $5,000 d. $5,600 90. The taxpayer is a Ph.D. student in accounting at City University. The student is paid $1,500 per month for teaching two classes. The total amount received for the year is $13,500. a. The $13,500 is excludible if the money is used to pay for tuition and books. b. The $13,500 is taxable compensation. c. The $13,500 is considered a scholarship and, therefore, is excluded. d. The $13,500 is excluded because the total amount received for the year is less than her standard deduction and personal exemption. 91. Kevin and Shuang have two children, ages 8 and 14. In 2022 they spend $6,400 on eligible employment related expenses for the care of their children after school. Kevin earned a salary of $15,200 and Shuang earned a salary of $68,000. What is the amount of the couple's credit for child and dependent care expenses for 2022? a. $600 b. $620 c. $1,200 d. $1,280

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Chap_10_2023 92. Harry and Wei are married and file a joint income tax return. On their 2022 tax return, they report $44,000 of adjusted gross income ($20,000 salary earned by Harry and $24,000 salary earned by Wei) and report two dependent children. During the year, they pay the following amounts to care for their four-year old son and sixyear old daughter while they work. ABC Day Care Center Blue Ridge Housekeeping Services Mindy Mason (Harry’s mother)

$3,200 2,000 1,000

Harry and Wei may claim a credit for child and dependent care expenses of: a. $840. b. $1,040. c. $1,200. d. $1,240. 93. Thelma and Mitch were divorced in 2021. The couple had a joint brokerage account that included stocks with a basis of $600,000 and a fair market value of $1,000,000. Under the terms of the divorce agreement, Mitch would receive the stocks and Mitch would pay Thelma $100,000 each year for six years, or until Thelma’s death, whichever should occur first. Thelma and Mitch lived apart when the payments were made by Mitch. He paid the $600,000 to Thelma over the six-year period. The divorce agreement did not contain the word “alimony.” Then, Mitch sold the stocks for $1,300,000. Mitch’s recognized gain from the sale is: a. $-0-. b. $1,000,000 ($1,300,000 – $300,000). c. $700,000 ($1,300,000 – $600,000). d. $300,000 ($1,300,000 – $1,000,000). 94. Which of the following is not allowed as an itemized deduction? a. Cash donation to a church. b. Interest expense on a $800,000 loan incurred in 2016 to buy a principal residence. c. A subscription to the Wall Street Journal to help with personal investment decisions. d. Gambling losses to the extent of gambling winnings.

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Chap_10_2023 95. Matilda, a calendar year taxpayer, made the following donations to qualified charitable organizations during the year: Basis Cash donation to State University Unimproved land to the City of Terre Haute, IN

$30,000 70,000

Fair Market Value $ 30,000 210,000

The land had been held as an investment and was acquired four years ago. Shortly after receipt, the City of Terre Haute sold the land for $210,000. Matilda’s AGI is $450,000. The allowable charitable contribution deduction this year is: a. $100,000. b. $165,000. c. $225,000. d. $240,000. 96. Edna had an accident while competing in a rodeo. She sustained facial injuries that required cosmetic surgery. While having the surgery done to restore her appearance, she had additional surgery done to reshape her chin, which was not injured in the accident. The surgery to restore her appearance cost $9,000 and the surgery to reshape her chin cost $6,000. How much of Edna’s surgical fees will qualify as a deductible medical expense (before application of the 7.5%-of-AGI floor)? a. $0 b. $6,000 c. $9,000 d. $15,000 97. Early in the year, Marlon was in an automobile accident during the course of his employment. As a result of the physical injuries he sustained, he received the following payments during the year: Reimbursement of medical expenses Marlon paid by a medical insurance policy he purchased Damage settlement to replace his lost salary

$10,000 15,000

What is the amount that Marlon must include in gross income for the current year? a. $25,000. b. $15,000. c. $10,000. d. $0.

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Chap_10_2023 98. Emily, who lives in Indiana, volunteered to travel to Louisiana in March to work on a home-building project for Habitat for Humanity (a qualified charitable organization). She was in Louisiana for three weeks. She normally makes $500 per week as a carpenter’s assistant and plans to deduct $1,500 as a charitable contribution. In addition, she incurred the following costs in connection with the trip: $600 for transportation, $1,200 for lodging, and $400 for meals. What is Emily’s deduction associated with this charitable activity? a. $600 b. $1,200 c. $1,800 d. $2,200 99. Christie sued her former employer for a back injury she suffered on the job in 2022. As a result of the injury, she was partially disabled. In 2023, she received $240,000 for her loss of future income, $160,000 in punitive damages because of the employer’s flagrant disregard for the employee’s safety, and $15,000 for medical expenses. The medical expenses were deducted on her 2022 return, reducing her taxable income by $12,000. Christie’s 2023 gross income from the above is: a. $415,000. b. $412,000. c. $255,000. d. $172,000. 100. Which of the following, if any, correctly describes the earned income credit? a. Would be available regardless of the amount of the taxpayer’s adjusted gross income. b. Is not available to a surviving spouse. c. Requires a taxpayer to have a qualifying child to take advantage of the credit. d. Is a refundable credit. 101. All employees of United Company are covered by a group hospitalization insurance plan, but the employees must pay the premiums ($8,000 for each employee). None of the employees has sufficient medical expenses to deduct the premiums. Instead of giving raises next year, United is considering paying the employee’s hospitalization insurance premiums. If the change is made, the employee’s after-tax and insurance pay will: a. Decrease by the same amount for all employees. b. Increase more for the lower-paid employees (10% and 12% marginal tax bracket). c. Increase more for the higher income (35% marginal tax bracket) employees. d. Increase by the same amount for all employees. 102. Debbie is age 67 and unmarried. Her only sources of income are $200,000 in taxable interest and $20,000 of Social Security benefits. Debbie’s adjusted gross income for the year is: a. $220,000. b. $217,000. c. $203,000. d. $200,000.

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Chap_10_2023 103. Under the alimony rules: a. To determine whether a cash payment is alimony, one must consult the state laws that define alimony. b. A person who receives a property division has experienced an increase in wealth and thus should be subject to tax. c. Alimony paid per a 2015 divorce agreement is included in the gross income of the recipient of the payments. d. A person who earns $90,000 and pays $20,000 in alimony per a divorce agreement entered into in 2020, is allowed to deduct the $20,000. 104. Phillip, age 66, developed hip problems and was unable to climb the stairs to reach his second-floor bedroom. His physician advised him to add a first-floor bedroom to his home. The cost of constructing the room was $32,000. The increase in the value of the residence as a result of the room addition was determined to be $17,000. In addition, Phillip paid the contractor $5,500 to construct an entrance ramp to his home and $8,500 to widen the hallways to accommodate his wheelchair. Phillip’s AGI for 2022 was $75,000. What is the amount of Phillip's medical expense deduction in 2022? a. $0 b. $21,500 c. $23,375 d. $29,000 105. The alimony rules applicable to divorces entered into before 2019: a. Are based on the principle that the person who earns the income should pay the tax. b. Permit tax deductions for property divisions. c. Look to state law to determine the definition of alimony. d. Treat child support payments and alimony differently. 106. In 2022, George and Martha are married and file a joint tax return claiming their two children, ages 10 and 8 as dependents. Assuming their AGI is $119,650, George and Martha’s child tax credit is: a. $0. b. $2,000. c. $3,000. d. $4,000. 107. Under the terms of a divorce agreement entered into in 2017, Abdul is to pay his former wife Jill $10,000 per month. The payments are to be reduced to $7,000 per month when their child reaches age 18. During the current year, Abdul paid $120,000 under the agreement. Assuming all of the other conditions for alimony are satisfied, Abdul can deduct from gross income (and Jill must include in gross income) as alimony: a. $120,000. b. $84,000. c. $36,000. d. $0.

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Chap_10_2023 108. Theresa sued her former employer for age, race, and gender discrimination. She claimed $200,000 in damages for loss of income, $300,000 for emotional harm, and $500,000 in punitive damages. She settled the claim for $700,000. As a result of the settlement, Theresa must include in gross income: a. $700,000. b. $500,000. c. $490,000 [($700,000/$1,000,000) × $700,000]. d. $0. 109. Under the terms of a divorce agreement entered into in 2017, Kim was to pay her husband Tom $7,000 per month in alimony. Kim’s payments will be reduced to $3,000 per month when their 9 year-old son becomes 21. Tom has custody of their son. For a 12 month period, Kim can deduct from gross income (and Tom must include in gross income): a. $60,000. b. $48,000. c. $36,000. d. $0. 110. During the current year, Khalid was in an automobile accident and suffered physical injuries. The accident was caused by Rashad’s negligence. Khalid threatened to file a lawsuit against Amber Trucking Company, Rashad’s employer, claiming $50,000 for pain and suffering, $90,000 for loss of income, and $70,000 in punitive damages. Amber’s insurance company will not pay punitive damages; therefore, Amber has offered to settle the case for $100,000 for pain and suffering, $90,000 for loss of income, and nothing for punitive damages. Khalid is in the 35% marginal tax bracket. What is the after-tax difference to Khalid between Khalid’s original claim and Amber’s offer? a. Amber’s offer is $20,000 less. ($50,000 + $90,000 + $70,000 – $100,000 – $90,000). b. Amber’s offer is $7,000 less. [($50,000 + $90,000 + $70,000 – $100,000 – $90,000) × 0.35)]. c. Amber’s offer is $4,500 more. {$190,000 – ($50,000 + $90,000) + [$70,000 × (1.00 – 0.35)]}. d. Amber’s offer is $22,000 more. [($190,000 – $210,000) + ($120,000 × 0.35)]. 111. Fred and Lucy are married, ages 33 and 32, and together have AGI of $120,000 in 2022. They have four dependents and file a joint return. They pay $5,000 for a high deductible health insurance policy and contribute $2,600 to a qualified Health Savings Account. During the year, they paid the following amounts for medical care: $9,200 in doctor and dentist bills and hospital expenses, and $3,000 for prescribed medicine and drugs. In October 2022, they received an insurance reimbursement of $4,400 for the hospitalization. They expect to receive an additional reimbursement of $1,000 in January 2023. Determine the maximum itemized deduction allowable for medical expenses in 2022. a. $800 b. $3,800 c. $9,200 d. $12,800

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Chap_10_2023 112. The amount of Social Security benefits received by an individual that must be included in gross income: a. Is computed in the same manner as an annuity [exclusion = (cost/expected return) × amount received]. b. May not exceed the portion contributed by the employer. c. May not exceed 50% of the Social Security benefits received. d. May be zero or as much as 85% of the Social Security benefits received, depending upon the taxpayer’s Social Security benefits and other income. 113. The taxable portion of Social Security benefits may be affected by: a. The taxpayer’s itemized deductions. b. The individual’s tax-exempt interest income. c. The number of quarters the individual worked. d. The individual’s standard deduction. 114. Which of the following items would be an itemized deduction on Schedule A of Form 1040? a. Professional dues paid by an accountant (employed by Ford Motor Co.) to the National Association of Accountants. b. Gambling losses to the extent of gambling winnings. c. Job-hunting costs. d. Subscription to the Wall Street Journal. 115. Byron owned stock in Blossom Corporation that he donated to a museum (a qualified charitable organization) on June 8 this year. What is the amount of Byron’s deduction assuming that he had purchased the stock for $10,500 last year on August 7, and the stock had a fair market value of $13,800 when he made the donation? a. $3,300 b. $10,500 c. $12,150 d. $13,800 116. A scholarship recipient at State University may exclude from gross income the scholarship proceeds used to pay for: a. Tuition only. b. Tuition, books, and supplies. c. Tuition, books, supplies, meals, and lodging. d. Meals and lodging. 117. Ahmad is considering making a $10,000 investment in a venture whose promoter promises will generate immediate tax benefits for him. Ahmad, who normally itemizes his deductions, is subject to a 32% marginal tax bracket. If the investment is of a type where the taxpayer may claim either a tax credit of 25% of the amount of the expenditure or an itemized deduction for the amount of the investment, what treatment is likely most beneficial to Ahmad, and by how much will Ahmad’s tax liability decline because of the investment? a. $-0-, take neither the itemized deduction nor the tax credit. b. $2,500, take the tax credit. c. $3,200, take the itemized deduction. d. Both options produce the same benefit. Copyright Cengage Learning. Powered by Cognero.

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Chap_10_2023 118. Hannah makes the following charitable donations in the current year:

Inventory held for resale in Hannah’s business (a sole proprietorship) Stock in HBM, Inc., held as an investment (acquired four years ago) Baseball card collection held as an investment (acquired six years ago)

Basis Fair Market Value $ 8,000 $ 7,200 16,000

40,000

4,000

20,000

The HBM stock and the inventory were given to Hannah’s church, and the baseball card collection was given to the United Way. Both donees promptly sold the property for the stated fair market value. Disregarding percentage limitations, Hannah’s current charitable contribution deduction is: a. $28,000. b. $51,200. c. $52,000. d. $67,200. 119. Paul, a calendar year single taxpayer, has the following information for 2022: AGI State income taxes State sales tax Real estate taxes Gambling losses (gambling gains were $12,000)

$175,000 13,500 3,000 18,900 6,800

Paul’s allowable itemized deductions for 2022 are: a. $10,000. b. $16,800. c. $39,200. d. $42,200. 120. Which of the following is not a requirement for a payment between former spouses to be considered alimony? a. The payments must be in cash. b. The payments must cease upon the death of the payee. c. The payments must extend over at least three years. d. The payor and payee must not live in the same household at the time of the payments.

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Chap_10_2023 121. Hugh, a self-employed individual, paid the following amounts during the year: Real estate tax on Iowa residence State income tax Real estate taxes on a vacation home Gift tax paid on gift to daughter State sales taxes State occupational license fee Property tax on value of his automobile (used 100% for business)

$3,800 1,700 2,100 1,200 1,750 300 475

What is the maximum amount Hugh can claim as taxes in itemizing deductions from AGI? a. $7,650 b. $8,850 c. $9,625 d. $10,000 122. Pedro’s child attends a school operated by the church the family attends. Pedro made a donation of $1,000 to the church in lieu of the normal registration fee of $200. In addition, Pedro paid the regular tuition of $6,000 to the school. Based on this information, what is Pedro’s charitable contribution? a. $0 b. $800 c. $1,000 d. $6,800 123. This year, Carol, a single taxpayer, purchased a vacation home for $400,000 using a home equity loan of $350,000 on her principal residence. She has no other debt on her principal residence. Carol paid $16,000 of interest on the debt this year. How much of this interest is deductible assuming that Carol itemizes her deductions? a. $0 b. $10,000 c. $16,000 d. $125,000

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Chap_10_2023 124. Carlos, age 19, is a full-time graduate student at City University. During 2022, he received the following payments: Cash award for being the outstanding resident adviser Resident adviser housing State scholarship for ten months (tuition and books) State scholarship (meals allowance) Loan from college financial aid office Cash support from parents

$ 1,500 2,500 6,000 2,400 3,000 2,000 $17,400

Carlos served as a resident adviser in a dormitory and, therefore, the university waived the $2,500 charge for the room he occupied. What is Carlos’s adjusted gross income for 2022? a. $1,500. b. $3,900. c. $9,000. d. $15,400. 125. Sang-hoon, who uses the cash method of accounting, lives in a state that imposes an income tax (including withholding from wages). On April 14, 2022, he files his state return for 2021, paying an additional $600 in state income taxes. During 2022, his withholdings for state income tax purposes amount to $3,550. On April 13, 2023, he files his state return for 2022 claiming a refund of $800. Sang-hoon receives the refund on June 3, 2023. If he itemizes deductions, how much may Sang-hoon claim as a deduction for state income taxes on his Federal income tax return for calendar year 2022 (filed in April 2023)? a. $3,350 b. $3,550 c. $4,150 d. $5,150

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Chap_10_2023 126. Darnell, age 50, is employed as an actuary. For calendar year 2022, he had AGI of $130,000 and paid the following medical expenses: Medical insurance premiums Doctor and dentist bills for Derrick and Jane (Darnell’s parents) Doctor and dentist bills for Darnell Prescribed medicines for Darnell Nonprescribed insulin for Darnell

$5,300 7,900 5,100 830 960

Derrick and Jane would qualify as Darnell’s dependents except that they file a joint return. Darnell’s medical insurance policy does not cover them. Darnell filed a claim for $4,800 of his own expenses with his insurance company in November 2022 and received the reimbursement in January 2023. What is Darnell’s maximum allowable medical expense deduction for 2022? a. $0 b. $7,090 c. $10,340 d. $20,090 127. In Lawrence County, the real property tax year is the calendar year. The real property tax becomes a personal liability of the owner of real property on January 1 in the current real property tax year (assume that this year is not a leap year). The tax is payable on June 1. On May 1, Reggie sells his house to Dana for $350,000. On June 1, Dana pays the entire real estate tax of $7,950 for the year ending December 31. Assuming that Reggie itemizes his deductions and the $10,000 limit on state and local taxes does not apply, how much of the property taxes may Reggie deduct? a. $0 b. $2,614 c. $2,625 d. $7,950 128. Which of the following statements concerning the credit for child and dependent care expenses is not correct for 2022? a. A taxpayer is not allowed both an exclusion from income and the credit for child and dependent care expenses on the same amount. b. A taxpayer is not allowed both a deduction as a medical expense and the credit for child and dependent care expenses on the same amount. c. If a taxpayer’s adjusted gross income is over $43,000, the rate for the credit for child and dependent care expenses is 20%. d. If a taxpayer is a full-time student with no earned income, no credit for child and dependent care expenses can be claimed.

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Chap_10_2023 129. Roger is considering making a $6,000 investment in a venture that its promoter promises will generate immediate tax benefits for him. Roger, who does not anticipate itemizing his deductions, is subject to a 30% marginal income tax bracket. If the investment is of a type that produces a tax credit of 40% of the amount of the expenditure, by how much will Roger’s tax liability decline because of the investment? a. $0 b. $1,800 c. $2,200 d. $2,400 130. Zeke made the following donations to qualified charitable organizations during the year: Basis Fair Market Value Used clothing of taxpayer and his family (all acquired more than a year ago)

$ 1,350

375

Stock in ABC, Inc., held as an investment for 15 months

12,000

10,875

Stock in MNO, Inc., held as an investment for 11 months

15,000

18,000

Real estate held as an investment for two years

15,000

30,000

The used clothing was donated to the Salvation Army; the other items of property were donated to Eastern State University. Both are qualified charitable organizations. Disregarding percentage limitations, Zeke’s charitable contribution deduction for the year is: a. $43,350. b. $56,250. c. $59,250. d. $60,375. 131. Nancy paid the following taxes during the year: Tax on residence (for the period from March 1 through August 31) State motor vehicle tax (based on the value of the personal use automobile) State sales tax State income tax

$5,250 430 3,500 3,050

Nancy sold her personal residence on June 30 of this year under an agreement in which the real estate taxes were not prorated between the buyer and the seller. What amount qualifies as a deduction from AGI for Nancy? a. $9,180 b. $9,130 c. $7,382 d. $5,382

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Chap_10_2023 132. In the current year, Jerry pays $8,000 to become a charter member of Mammoth University’s Athletic Council. The membership ensures that Jerry will receive choice seating at all of Mammoth’s home basketball games. Also this year, Jerry pays $2,200 (the regular retail price) for season tickets for himself and his wife. For these items, how much qualifies as a charitable contribution? a. $0 b. $6,400 c. $8,000 d. $10,200 133. Pat gave 5,000 shares of stock in Coyote Corporation (a publicly traded corporation) to her church (a qualified charitable organization) in the current year. The stock was worth $180,000. She had acquired it as an investment four years ago at a cost of $120,000. She reported AGI of $300,000 for the year. In completing her current income tax return, how much is her current-year charitable contribution deduction? a. $90,000 b. $120,000 c. $150,000 d. $180,000 134. Barney is a full-time graduate student at State University. He serves as a teaching assistant for which he is paid $700 per month for nine months and his $5,000 tuition is waived. The university waives tuition for all of its employees. In addition, Barney receives a $1,500 research grant to pursue his own research and studies. Barney’s gross income from the above is: a. $0. b. $6,300. c. $11,300. d. $12,800. 135. Tim and Janet divorced in 2017. Their only marital property was a personal residence with a value of $120,000 and cost of $50,000. Under the terms of the divorce agreement, Janet would receive the house and would pay Tim $15,000 each year for five years, or until Tim’s death, whichever should occur first. Tim and Janet lived apart when the payments were made to Tim. The divorce agreement did not contain the word “alimony.” a. Tim must recognize a $35,000 [$60,000 – 1/2($50,000)] gain on the sale of his interest in the house. b. Tim does not recognize any income from these transactions. c. Janet is not allowed any alimony deductions. d. Janet is allowed to deduct $15,000 each year for alimony paid. 136. Olaf was injured in an automobile accident and received $25,000 for his physical injury, $50,000 for his loss of income, and $10,000 for punitive damages. As a result of the award, the amount Olaf must include in gross income is: a. $10,000. b. $50,000. c. $60,000. d. $85,000.

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Chap_10_2023 137. Jena is a full-time undergraduate student at State University and qualifies as a dependent of her parents. Her only source of income is a $10,000 athletic scholarship ($1,000, books; $5,500, tuition; $500, student activity fee; and $3,000, room and board). Jena’s gross income for the year is: a. $10,000. b. $4,000. c. $3,000. d. $500. 138. As an executive of Cherry, Inc., Ollie receives a fringe benefit in the form of annual tuition scholarships of $10,000 to each of his three children. The scholarships are paid by the company on behalf of the children of key employees directly to each child’s educational institution and are payable only if the student maintains a B average. a. The tuition payments of $30,000 may be excluded from Ollie’s gross income as a scholarship. b. The tuition payments of $10,000 each must be included in each child’s gross income. c. The tuition payments of $30,000 may be excluded from Ollie’s gross income because the payments are for the academic achievements of the children. d. The tuition payments of $30,000 must be included in Ollie’s gross income. 139. Jermaine and Kesha are married, file a joint tax return, have AGI of $82,500, and have two children. Devona is beginning her freshman year at State University during fall 2022, and Arethia is beginning her senior year at Northeast University during fall 2022 after having completed her junior year during the spring of that year. Both Devona and Arethia qualify as dependents of their parents. Devona’s qualifying tuition expenses and fees total $4,000 for the fall semester and Arethia’s qualifying tuition expenses and fees total $6,200 for each semester during 2022. Full payment is made for the tuition and related expenses for both children during each semester. The American Opportunity credit available to Jermaine and Kesha for 2022 is: a. $2,500. b. $3,000. c. $5,000. d. $6,000.

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Chap_10_2023 140. Brad, who would otherwise qualify as Faye’s dependent, had gross income of $9,000 during the year. Faye, who had AGI of $120,000, paid the following medical expenses in 2022: Cataract operation for Brad Brad’s prescribed contact lenses Faye’s doctor and dentist bills Prescribed drugs for Faye Total

$ 5,400 1,800 12,600 2,550 $22,350

Faye has a medical expense deduction of: a. $6,150 b. $10,350 c. $13,350 d. $22,350 141. Which of the following statements is true regarding the education tax credits? a. The lifetime learning credit is available for qualifying tuition and related expenses incurred by students pursuing only graduate degrees. b. The American Opportunity credit permits a maximum credit of 20% of qualified expenses up to $10,000 per year. c. The American Opportunity credit is calculated per eligible student and the lifetime learning credit is available per taxpayer. d. Continuing education expenses do not qualify for either education credit. 142. Quinn, who is single and lives alone, is physically disabled as a result of a diving accident. To live independently, he modifies his personal residence at a cost of $30,000. The modifications included widening halls and doorways for a wheelchair, installing support bars in the bathroom and kitchen, installing a stairway lift, and rewiring so he could reach electrical outlets and appliances. Quinn pays $200 for an appraisal that places the value of the residence at $129,000 before the improvements and $140,000 after. As a result of the operation of the stairway lift, Quinn experienced an increase of $680 in his utility bills for the current year. Disregarding the AGI floor for medical expenses, how much of these expenditures qualify as medical expense deductions? a. $11,680 b. $30,680 c. $30,880 d. $34,880 143. Under the terms of a divorce agreement entered into in 2017, Maria was to pay her wife Joyce $2,000 per month in alimony and $500 per month in child support. For a 12-month period, Maria can deduct from gross income (and Joyce must include in gross income): a. $0. b. $6,000. c. $24,000. d. $30,000. Copyright Cengage Learning. Powered by Cognero.

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Chap_10_2023 144. Travis and Andrea were divorced in 2017. Their only marital property consisted of a personal residence (fair market value of $400,000, cost of $200,000), and publicly traded stocks (fair market value of $800,000, cost basis of $500,000). Under the terms of the divorce agreement, Andrea received the personal residence and Travis received the stocks. In addition, Andrea was to receive $50,000 for eight years. I. If the $50,000 annual payments are to be made to Andrea or her estate (if she dies before the end of the eight years), the payments will qualify as alimony. II. Andrea has a taxable gain from an exchange of her one-half interest in the stocks for Travis’ one-half interest in the house and cash. III. If Travis sells the stocks for $900,000, he must recognize a $400,000 gain. a. Only III is true. b. Only I and III are true. c. Only I and II are true. d. I, II, and III are true. 145. George is single and age 56, has AGI of $265,000, and incurs the following expenditures in 2022. Medical expenses (before 7.5%-of-AGI floor) $25,000 Interest on home mortgage 15,500 State income tax 7,500 State sales tax 4,500 Real estate tax 8,600 Charitable contribution 6,500 What is the amount of itemized deductions George may claim?

146. Beverly died during the current year. At the time of her death, her accrued salary and commissions totaled $3,000 and were paid to her husband. The employer also paid the husband $35,000, which represented an amount equal to Beverly’s salary for the year prior to her death. The employer had a policy of making the salary payments to “help out the family in the time of its greatest need.” Beverly’s spouse collected her interest in the employer’s qualified profit sharing plan amounting to $30,000. As beneficiary of his wife’s life insurance policy, Beverly’s spouse elected to collect the proceeds in installments. In the year of her death, he collected $8,000, which included $1,500 interest income. Which of these items are subject to income tax for Beverly’s spouse?

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Chap_10_2023 147. Marilyn, age 38, is employed as an architect. For calendar year 2022, she had AGI of $204,000 and paid the following medical expenses: Medical insurance premiums Doctor bills for Peter and Esther (Marilyn’s parents) Doctor and dentist bills for Marilyn Prescription medicines for Marilyn Nonprescription insulin for Marilyn

$ 7,800 7,300 11,100 750 950

Peter and Esther would qualify as Marilyn’s dependents except that they file a joint return. Marilyn’s medical insurance policy does not cover them. Marilyn filed a claim for reimbursement of $6,000 of her own expenses with her insurance company in December 2022 and received the reimbursement in January 2023. What is Marilyn’s maximum allowable medical expense deduction for 2022?

148. Charles, who is single and age 61, had AGI of $400,000 during 2022. He incurred the following expenses and losses during the year. Medical expenses before AGI floor State and local income taxes Real estate taxes Home mortgage interest Charitable contributions Unreimbursed employee expenses Gambling losses (Charles had $7,400 of gambling income)

$28,500 15,200 4,400 5,400 14,800 8,900 9,800

Compute Charles’s total itemized deductions for the year.

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Chap_10_2023 149. Aaron, age 45, had AGI of $70,000 for 2022. He was injured in a skiing accident and paid $3,600 for hospital expenses and $2,400 for doctor bills. Aaron also incurred medical expenses of $1,200 for his child who lives with his former wife and is claimed as a dependent by her. In 2023, Aaron was reimbursed $1,300 by his insurance company for the medical expenses attributable to the skiing accident. For 2022, the standard deduction for single taxpayers is $12,950 and $19,400 for those claiming head-of-household status. a. Compute Aaron’s deduction for medical expenses in 2022. b.

Assume that Aaron would have elected to itemize his deductions even if he had no medical expenses in 2022. How much, if any, of the $1,300 reimbursement must be included in gross income in 2023?

Assume that Aaron’s other itemized deductions in 2022 were $15,900 and that he filed as a head of household. How much of the $1,300 reimbursement must he include in gross income in 2023?

150. Saira had AGI of $100,000 in 2022. She donated Heron Corporation stock with a basis of $8,500 to a qualified charitable organization on July 5, 2022. a.

What is the amount of Saira’s deduction, assuming that she purchased the stock on December 4, 2021, and that the stock had a fair market value of $15,000 when she made the donation?

Assume the same facts as in a. except that Saira purchased the stock on July 1, 2014.

Assume the same facts as in a. except that the stock had a fair market value of $6,000 (rather than $15,000) when Saira donated it to the charity.

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Chap_10_2023 151. Brian, a self-employed individual, pays state income tax payments of: $900 on January 15, 2022 (4th estimated tax payment for 2021) $1,000 on April 15, 2022 (1st estimated tax payment in 2022) $1,000 on June 15, 2022 (2nd estimated tax payment in 2022) $1,000 on September 15, 2022 (3rd estimated tax payment in 2022) $800 on January 15, 2023 (4th estimated tax payment of 2022) Brian had a tax overpayment of $500 on his 2021 state income tax return and applied this to his 2022 state income taxes. What is the amount of Brian’s state income tax itemized deduction for his 2022 Federal income tax return?

152. During 2022, Kathy, who is self-employed, paid $650 per month for an HSA contract that provides medical insurance coverage with a $3,000 deductible. The plan covers Kathy, her husband, and their three children. Of the $650 monthly fee, $300 was for the high-deductible policy, and $350 was deposited into an HSA. How much of the amount paid for the high-deductible policy can Kathy deduct as a deduction for AGI?

153. Linda, who has AGI of $120,000 in the current year, contributes stock worth $65,000 in Mauve Corporation (a publicly traded corporation) to the Salvation Army, a qualified charitable organization. Linda acquired it as an investment four years ago at a cost of $50,000. a.

What is the total amount that Linda can deduct as a charitable contribution, assuming that she carries over any disallowed contribution from the current year to future years? Describe the restrictions that apply when calculating the deduction in the carryover years.

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Chap_10_2023 154. Ted and Alice were in the process of negotiating a divorce agreement. They own bonds with a basis of $800,000 and a fair market value of $800,000. They also own common stock with a basis of $600,000 and a fair market value of $800,000. Alice is trying to decide whether to bargain to receive the bonds or the stock. She has no plans for selling the bonds or stock, whichever she receives. How would you advise Alice?

155. For calendar year 2022, Anna and Betty Hansen (ages 59 and 60) file a joint return reflecting AGI of $280,000. They incur the following expenditures: Medical expenses before 7.5%-of-AGI floor Casualty loss caused by electrical fire in their home Interest on home mortgage Interest on credit cards Property taxes on home Charitable contributions State income tax Tax return preparation fees What is the amount of itemized deductions the Hansens may claim?

$30,000 30,000 11,000 800 13,000 17,000 15,000 1,200

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Chap_10_2023 156. Barbara was injured in an automobile accident. She has threatened to file a suit against the other party involved in the accident and has proposed the following settlement: Damages for 25% loss of the use of her right arm Medical expenses Loss of wages Punitive damages

$200,000 30,000 10,000 100,000 $340,000

The defendant’s insurance company is reluctant to pay punitive damages. Also, the company disputes the amount of her loss of wages. Instead, the company offers to pay her $300,000 for damages to her arm and $30,000 medical expenses. Assuming Barbara is in the 35% marginal tax bracket, will her after-tax proceeds from accepting the offer be equal to what she considers to be her actual damages (listed above)?

157. Leilani is married, files a joint return, and expects to be in the 24% marginal tax bracket for the foreseeable future. All of her income is from salary and all of it is used to maintain the household. She has a paid up life insurance policy with a cash surrender value of $100,000. She paid $60,000 of premiums on the policy. Her gain from cashing in the life insurance policy would be ordinary income. If she retains the policy, the insurance company will pay her at least $3,000 (3%) interest each year. Leilani thinks she can earn a higher return if she cashes in the policy and invests the proceeds. a. b.

What before-tax rate of return would Leilani be required to earn on the proceeds from cashing in the policy to equal the return earned with the insurance company? Assume Leilani estimates she can earn a 6% before-tax rate of return on the proceeds from cashing in the policy. Assume she can earn a 6% return for the remainder of her life and that she will reinvest all earnings at the same 6% before-tax rate of return. If Leilani expects to live 10 more years, which alternative will yield the greater amount to her beneficiaries upon her death? (Given: The future value of an annuity in 10 years assuming a 4.32% after-tax return is 12.19. The future value of an annuity in 10 years assuming a 2.16% return is 11.03).

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Chap_10_2023 158. Arnold was employed during the first six months of 2022 and earned a $90,000 salary. During the next six months, he collected $7,200 of unemployment compensation. He borrowed $6,000 (using his personal residence as collateral) and withdrew $1,000 from his savings account (on which he had earned $60 interest). Arnold’s parents loaned him $10,000 (interest-free) on July 1 of the current year, when the Federal rate was 3%. Arnold did not repay the loan during the year and used the money for living expenses. Calculate Arnold’s adjusted gross income for the year.

159. Bradley and Allie have two college-age children, Clint, a freshman at State University, and Abigail, a junior at Northwest University. Both Clint and Abigail are full-time students. Clint’s expenses during the 2022 fall semester are as follows: $2,400 tuition, $250 books and course materials, and $1,600 room and board. Abigail’s expenses for the 2022 calendar year are as follows: $10,200 tuition, $1,200 books and course materials, and $3,600 room and board. Tuition and the applicable room and board costs are paid at the beginning of each semester. Bradley and Allie file a joint tax return, claims both children as dependents, and reports a combined AGI of $114,000 for 2022. Determine the available education tax credit for 2022.

160. Eduardo and Julia are married, both gainfully employed, and they have two children who are three and six years old. In 2022 Eduardo’s salary is $35,000 while Julia’s is $80,000. During 2022 they spend $7,200 for child care expenses that are required so they can work outside the home. Calculate the couple's credit for child and dependent care expenses for 2022.

161. What Federal income tax benefits are provided for college students?

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Chap_10_2023 162. Under the formula for taxing Social Security benefits, low-income taxpayers are not required to include any of the Social Security benefits in gross income. But as income increases, 50% of the Social Security benefits may be included in gross income. Further increases in income will cause as much as 85% of the Social Security benefits being subject to tax. Does this mean that the taxation of Social Security benefits is more or less progressive than the taxation of other types of income?

163. Helen pays nursing home expenses of $3,000 per month for her mother. The monthly charge covers the following items: $1,400 for medical care, $900 for lodging, and $700 for food. Under what circumstances can Helen include the $3,000 per month payment when computing her medical expense deduction for the year? If Helen is not allowed to include the entire payment, how much can she include?

164. Harry and Sally were divorced three years ago. In July of the current year, their son, Joe, broke his arm falling out of a tree. Joe lives with Sally, and she claims him as a dependent on her tax return. Harry paid for the medical expenses related to Joe’s injury. Can Harry claim the medical expenses he paid for Joe on his tax return?

165. Dick and Jane divorced in 2017. At the time of the divorce, Dick had a lawsuit pending. He had filed suit against a former employer for overtime pay. As part of a divorce agreement, Dick agreed to pay Jane one-half of the proceeds from the lawsuit. In 2022, Dick collected $250,000 from the former employer and paid Jane $125,000. What are the tax consequences from Dick's receiving the $250,000 and then paying Jane the $125,000?

166. Linda borrowed $60,000 from her parents for a down payment on a condominium. She paid interest of $5,500 in 2020, $0 in 2021, and $9,000 in 2022. The IRS disallowed the deduction. Can you offer any explanation for the disallowance?

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Chap_10_2023 167. Paul and Patty Kowalski (both age 66) are married and together have AGI of $105,000 in 2022. They have two dependents and file a joint return. During the year, they paid $8,000 for medical insurance, $15,000 in doctor bills and hospital expenses, and $1,000 for prescribed medicine and drugs. a.

In December 2022, the Kowalskis received an insurance reimbursement of $3,500 for hospitalization expenses. Determine the deduction allowable for medical expenses paid during the year.

Assume instead that the Kowalskis received the $3,500 insurance reimbursement in February 2023. Determine the deduction allowable for medical expenses incurred in 2022.

Assume that the Kowalskis received the $3,500 insurance reimbursement in February 2023. Discuss whether the reimbursement will be included in their gross income for 2023.

168. What are the tax problems associated with payments received by a wife from her deceased husband’s employer? (Assume the wife renders no services to the employer.)

169. Employers can provide numerous benefits to their employees and the employees are permitted to exclude the value of these benefits from gross income. What are the effects of the exclusions on the following? a. b.

The progressiveness of the tax system. The complexity of the tax system.

170. Adela contributed a parcel of land to the United Way. In addition, she contributed bibles and song books from her proprietorship’s book store inventory to First Church, a qualified charitable organization. Should Adela’s charitable contribution deduction for these contributions be determined by the basis or fair market value of the contributed items?

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Chap_10_2023 171. Carmen had worked for Sparrow Corporation for 30 years when she died of a heart attack at age 60. She was practically penniless at the time of her death, owed a $12,000 hospital bill, and had a spouse with disabilities. The company was very concerned about its public image, and rather than run the risk of embarrassment from one of its long-term employees dying and leaving her spouse with insufficient means, the board of directors agreed to pay Carmen’s hospital bill and to give her spouse $6,000 per year for the rest of his life. Discuss both sides of the question of whether Carmen (or her estate) and her spouse realize any taxable income from these transactions.

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Chap_10_2023 Answer Key 1. False 2. False 3. True 4. True 5. False 6. True 7. False 8. False 9. True 10. True 11. True 12. True 13. True 14. True 15. True 16. True 17. False 18. True 19. True 20. True 21. True 22. False 23. True 24. True 25. False 26. False

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Chap_10_2023 27. False 28. True 29. False 30. False 31. True 32. True 33. True 34. False 35. False 36. False 37. True 38. True 39. False 40. True 41. False 42. False 43. False 44. False 45. False 46. False 47. False 48. False 49. False 50. False 51. False 52. True 53. True 54. False Copyright Cengage Learning. Powered by Cognero.

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Chap_10_2023 55. True 56. True 57. False 58. False 59. True 60. True 61. False 62. False 63. True 64. True 65. False 66. True 67. False 68. False 69. False 70. False 71. True 72. True 73. False 74. True 75. True 76. True 77. False 78. False 79. True 80. False 81. True 82. False Copyright Cengage Learning. Powered by Cognero.

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Chap_10_2023 83. False 84. True 85. True 86. True 87. d 88. d 89. d 90. b 91. a 92. c 93. c 94. c 95. b 96. c 97. d 98. d 99. d 100. d 101. c 102. b 103. c 104. c 105. d 106. d 107. b 108. a 109. c 110. c Copyright Cengage Learning. Powered by Cognero.

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Chap_10_2023 111. b 112. d 113. b 114. b 115. b 116. b 117. c 118. b 119. b 120. c 121. a 122. b 123. a 124. b 125. c 126. c 127. b 128. d 129. d 130. b 131. c 132. a 133. a 134. b 135. d 136. a 137. c

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Chap_10_2023 138. d 139. c 140. c 141. c 142. b 143. c 144. a 145. Medical expenses ($25,000 less 7.5% of AGI) Interest on home mortgage State income taxes and real estate tax limited to $10,000 Charitable contributions Total

$5,125 15,500 10,000 6,500 $37,125

146. Salary and commissions Profit sharing plan Interest income Included in gross income

$ 3,000 30,000 1,500 $34,500

All nonforfeitable rights to funds are includible in income (salary, commissions). This includes the accrued salary of $3,000. The collection of Beverly’s interest in the profit sharing plan of $30,000 is subject to taxation. The $35,000 payment by the employer was pursuant to a policy of charity to families of deceased employees, and there is authority for excluding this item as a gift. The IRS will probably challenge the exclusion of the $35,000. The IRS would argue that a policy of making the payment to all families of deceased employees makes the payment appear to be in the nature of compensation for prior services. Life insurance proceeds are tax-exempt. However, all interest paid on life insurance proceeds is includible in gross income.

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Chap_10_2023 147. Marilyn’s medical expense deduction is $12,600, determined as follows: Medical insurance premiums Doctor and dentist bills for Peter and Esther Doctor and dentist bills for Marilyn Prescription medicines for Marilyn Nonprescription insulin for Marilyn Total medical expenses Less:7.5% of $204,000 (AGI) Deductible portion of medical expenses

$ 7,800 7,300 11,100 750 950 $27,900 (15,300) $ 12,600

Although Peter and Esther cannot be claimed as Marilyn’s dependents, they could have been had they not filed a joint return. Therefore, they qualify for the medical expense deduction. Insulin is an exception to the rule that nonprescribed drugs do not qualify as medical expenses. The insurance recovery was not received until 2023. Therefore, it has no effect on the medical expense deduction for 2022.

148. Charles’s itemized deductions are computed below: Medical expenses [$28,500 – (7.5% × $400,000 AGI)] State and local taxes (Limited to $10,000) Home mortgage interest Charitable contributions Gambling losses ($9,800 loss limited to $7,400 of gambling income) Total itemized deductions

$ -010,000 5,400 14,800 7,400 $37,600

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Chap_10_2023 149. a.

Aaron can claim medical expenses he paid for his child even though his former wife is the custodial parent. His deduction for medical expenses in 2022 is computed as follows: Hospitalization Bills for doctor’s services Medical expenses for child Total Less: 7.5% of $70,000 AGI Medical expense deduction (assuming Aaron itemizes his deductions)

$3,600 2,400 1,200 $7,200 (5,250) $ 1,950

If the reimbursement for medical care had occurred in 2022, the medical expense deduction would have been $650 [$7,200 (total medical expenses) – $1,300 (reimbursement) – $5,250 (7.5%-of-AGI floor)], and Aaron would have paid more income tax. Since the reimbursement was made in a subsequent year, Aaron would include $1,300 in gross income for 2023 (the deduction amount he would not have obtained in 2022 if the reimbursement had been received in 2022 rather than in 2023). If Aaron had not itemized in 2022, he would not include any reimbursement in 2023 gross income because he would have received no tax benefit in 2022.

Aaron’s deduction for medical expenses in 2022 would have been $1,950 (see computation in a. above). He would not include the reimbursement in gross income because he received no tax benefit. Other itemized deductions Medical expenses in excess of 7.5%-of-AGI floor Total itemized deductions Standard deduction for head of household in 2022 Tax benefit from medical expense deduction

$15,900 1,950 $17,850 (19,400) $-0 -

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Chap_10_2023 150. General discussion. The deduction for a contribution of capital gain property is based on the fair market value, whereas the deduction for a contribution of ordinary income property is equal to the lesser of the basis or the fair market value. a.

Because Saira did not hold the stock for the long-term holding period (December 4, 2021 July 5, 2022), it is short-term capital gain property that is subject to the rules for ordinary income property. Therefore, her deduction is limited to $8,500.

Saira held the stock for the long-term holding period (July 1, 2014 - July 5, 2022), so it is capital gain property. Therefore, her deduction is equal to the fair market value of the stock, $15,000.

The deduction for a contribution of loss property (FMV is less than adjusted basis) is limited to the fair market value. Therefore, Saira’s deduction is $6,000.

151. $4,400 is the itemized deduction. [$900 + $1,000 + $1,000 + $1,000 + $500 (overpayment)]. 152. Because Kathy is self-employed, she can deduct $3,600 ($300 per month × 12 months) of the amount paid for the high-deductible policy as a deduction for AGI. In addition, she may deduct the $4,200 ($350 per month × 12 months) paid to the HSA as a deduction for AGI. Thus, Kathy may deduct $7,800 ($3,600 + $4,200) for AGI. 153. General discussion. The stock is appreciated long-term capital gain property. The general rule limits the deduction for the contribution of such property to 30% of AGI. a.

Linda can deduct a total of $65,000, the fair market value of the stock. The deduction for the current year is limited to $36,000 (30% of $120,000 AGI).

The remaining $29,000 can be carried forward and deducted in the future (for up to a five year period), subject to the same 30%-of-AGI limitation.

154. One difference between the stock and bonds is that the income on the bonds will be taxed as it is paid while the stock will appreciate tax-deferred with any future gain eligible for lower capital gains rates. If neither investment is to be sold, the stock may provide a higher after-tax return. However, another significant difference between the assets from a tax perspective is that the person who receives the stock will have a $600,000 basis when the value is $800,000. Therefore, a taxable gain will be recognized if the assets are sold for more than $600,000. The bonds do not have this taxable gain possibility. As it is likely the investments will be sold at some time, Alice must weigh the annual taxation of the bond interest against the deferred tax, at capital gains rates, on the appreciation of the stock, including the $200,000 accruing before the divorce.

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Chap_10_2023 155. For the medical expenses, the taxpayers are allowed $9,000 [$30,000 – (7.5% × $280,000 AGI)]. The casualty loss is not deductible because it is not due to a Federally declared disaster. Also note that the tax return preparation fees are miscellaneous itemized deductions (deduction suspended from 2018 through 2025). The itemized deductions total $47,000 ($11,000 mortgage interest + $10,000 taxes + $17,000 contributions + $9,000 medical ). 156. Barbara’s claim for punitive damages of $100,000 is the only taxable amount. Therefore, her after-tax proceeds from receiving the $340,000 would be $305,000 [$340,000 – 0.35($100,000)]. None of the offer from the insurance company ($330,000) would be taxable and therefore her after-tax proceeds from the settlement would be $330,000. Thus, both the insurance company and Barbara would benefit from her accepting the insurance company’s offer. 157. a.

If Leilani cashes in the policy, she must recognize a $40,000 gain and pay taxes of $9,600 [0.24($100,000 – $60,000) = $9,600]. Therefore, she will have only $90,400 to invest ($100,000 – $9,600 = $90,400). To earn about $3,000, the same as she receives from the insurance company, Leilani must earn a 0.03378 return on the after-tax proceeds ($90,400 ×0.03378 = $3,054).

The life insurance proceeds will be exempt from income tax. Therefore, if Leilani retains the policy, the beneficiaries receive $100,000 plus the compound amount of (1.00 – 0.24) ($3,000) = $2,280 interest earned each year. The interest will be reinvested at 6% before tax, or (1.00 – 0.24)(0.06) = 4.56% after-tax interest. Given the compound interest factor of 12.19, the annual income will accumulate to 12.19 × $2,280 = $27,793. The after-tax policy proceeds are $100,000. Therefore, if Leilani retains the policy, her beneficiaries would expect to receive $127,793 ($100,000 + $27,793). If Leilani cashed in the policy, her beneficiaries will receive the after-tax amount of the policy ($90,400), as computed in a., plus the compound amount of the earnings on the $90,400, at a 4.56% after-tax return. The annual after-tax earnings on $90,400 is $4,122 (0.0456 × $90,400). This will accumulate to $4,122 × 12.19 = $50,247 in 10 years. Therefore, her beneficiaries would receive $140,647 ($90,400 + $50,247). Cashing in the policy is the better alternative.

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Chap_10_2023 158. Salary Unemployment compensation Interest income Adjusted gross income

$ 90,000 7,200 60 $197,260

The interest-free loan does not result in gross income to Arnold because of the $10,000 exception.

159. In 2022, both Clint and Abigail qualify for the American Opportunity credit. Clint’s qualifying expenses are $2,650 ($2,400 tuition and $250 books and course materials); Abigail’s qualifying expenses are $11,400 ($10,200 tuition and $1,200 books and course materials). Clint’s American Opportunity credit is $2,162.50 [100% of the first $2,000 of qualifying expenses plus 25% of the next $2,000 of qualifying expenses; $2,000 + ($650 × 25%)]. Abigail’s American Opportunity credit is $2,500 (100% of the first $2,000 of qualifying expenses plus 25% of the next $2,000 of qualifying expenses; $2,000 + ($2,000 × 25%)]. Although the American Opportunity credits are subject to a phaseout for higher income taxpayers, Bradley’s AGI of $114,000 is less than the phase-out starting point in 2022 ($160,000 for married taxpayers filing jointly). Thus, the total education credit available for the year is $4,662.50 ($2,162.50 + $2,500). 160. For two or more qualifying children, the maximum expense allowed for purposes of the credit for child and dependent care expenses is $6,000. The couple's combined AGI is more than $43,000, so the applicable rate for the credit is 20%. Thus, the credit allowed is $1,200 (20% × $6,000). 161. The Federal income tax system provides direct benefits to college students and indirect benefits by providing tax relief for the students' parents. College students can receive tax-exempt scholarships. The interest on educational savings bonds, which are often purchased by parents, may be exempt when the proceeds are used to pay qualified educational expenses. The qualified tuition program enables parents to fund the educational expenses of their children without any income being taxed to the parents or to the children. 162. The formula for the taxation of Social Security benefits is more progressive than the taxation of other sources of income. Under a progressive system, as income increases, the tax as a percentage of income increases. This is accomplished by increasing the marginal tax rate as income increases. With the Social Security taxing formula, as income increases and the taxpayer is subjected to higher marginal rates, the amount of taxable income increases as more of the Social Security benefits are subject to tax. 163. Helen may include the entire amount paid to the nursing home ($3,000 per month) if the primary reason for being in the nursing home is to get medical care. If the primary reason for being in the nursing home is personal, Helen may include only the $1,400 cost of medical care in calculating her medical expense deduction. In computing the medical expense deduction a taxpayer may include medical expenses for a spouse and for a person who was a dependent at the time the expenses were paid or incurred. Of the requirements that normally apply in determining dependency status, neither the gross income nor the joint return test applies in determining dependency status for medical expense deduction purposes.

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Chap_10_2023 164. Harry may be able to include the payments related to Joe’s injury with his own medical expenses. For divorced parents with children, the noncustodial parent may claim any paid medical expenses even though the custodial parent claims the children as dependents. This rule applies if the dependency exemption could have been shifted to the noncustodial parent by the custodial parent’s waiver. 165. The $250,000 payment is additional gross income to Dick. In order for Dick to avoid tax on the $125,000 he transferred to Jane, the payment must qualify as alimony. This means the payment must be made only if she is alive at the time Dick receives the award. Moreover, even if the payment qualifies as alimony, the large payment received in 2022 will likely result in some alimony recapture. 166. Because of the irregular patterns of Linda’s payments, it does not appear that this is a bona fide loan. Thus, the amounts paid could not be interest. Additionally, the interest would not represent deductible qualified residence interest unless the loan was secured by the condominium.

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Chap_10_2023 167. General discussion. All of the following expenses are deductible, subject to the 7.5%-of-AGI floor: $8,000 for medical insurance, $15,000 in doctor bills and hospital expenses, and $1,000 for prescribed medicine and drugs. a.

Assuming Paul and Patty received the insurance reimbursement in December 2022, their medical expense deduction would be $12,625, computed as follows:

Medical insurance Doctor bills and hospital expenses Prescribed medicine and drugs Total medical expenses incurred Minus: December 2022 reimbursement Total medical expenses after reimbursement Minus: 7.5% × $105,000 AGI Medical expense deduction b.

Assuming that Paul and Patty received the insurance reimbursement in February 2023, they could ignore the reimbursement in computing their 2022 medical expense deduction. Their medical expense deduction would be $16,125, computed as follows:

Medical insurance Doctor bills and hospital expenses Prescribed medicine and drugs Total medical expenses incurred Minus: 7.5% × $105,000 AGI Medical expense deduction c.

$ 8,000 15,000 1,000 $24,000 (3,500) $20,500 (7,875) $12,625

$ 8,000 15,000 1,000 $24,000 (7,875) $16,125

If Paul and Patty itemized in 2022, they would report the reimbursement as gross income in 2023, to the extent they received a tax benefit from itemizing in 2022. If they did not itemize in 2022 (i.e., took the standard deduction), they would not be required to report the reimbursement as gross income in 2023.

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Chap_10_2023 168. An amount paid in respect of compensation owed to the employee at the time of his death is taxable to the spouse, just as the amount would have been taxable to the decedent if he had received the money prior to death. Additional noninvested amounts paid by the employer probably should be totally excluded from the spouse’s income as a gift. However, the IRS generally considers such payments to be compensation for past services rather than gifts. Payments received from the employer’s qualified pension or profit sharing plan are subject to taxation. Also, if the employee contributed to the pension and profit sharing plan, the beneficiary is allowed to treat this amount as a nontaxable recovery of capital. 169. a.

The benefit of an exclusion varies directly with the recipient’s marginal tax rate. Thus, individuals with the highest marginal tax rate enjoy the greatest benefit from the exclusion and those taxpayers in the lowest marginal tax rate enjoy the least benefit. Also, the exclusions are generally available with the better-paying jobs. This also causes the tax system to be less progressive than were the exclusions not permitted.

Any exclusion creates complexities in the system because tests must be established to determine whether the benefit is eligible (e.g., whether the benefit is provided on in a discriminatory manner) for the special treatment. Also, often limitations are often created, which requires even more testing.

170. The land is a capital asset. Adela’s deduction for the land contribution will be determined by the fair market value if she has held the land for the long-term holding period. Otherwise, it will be determined by the basis (i.e., assuming the FMV is at least equal to the basis). Inventory is ordinary income property, so Adela’s deduction will be determined by her basis in the bibles and song books. 171. The argument that Carmen and her spouse realize income from the payments is as follows: the employer was compensating for the employee’s prior services. The fact that the employer had no legal obligation to make the payments is not relevant since the employer realized a benefit (prevention of embarrassment). The argument that Carmen and her spouse do not realize income is predicated upon characterizing the payments as a gift. Conditions indicating that a gift was intended include the following: the spouse’s dire financial condition; the decedent had been fully compensated for her past services, and any benefits the corporation received from the payments were indirect because there was no obligation to pay such amounts. The $12,000 hospital payment is taxable because the gift is likely taxable income to her estate, as income in respect of the decedent because the gift exclusion does not apply to payments by the employer to the employee.

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Chap_11_2023 Indicate whether the statement is true or false. 1. If an activity involves horses, a profit in at least two of seven consecutive years meets the presumptive rule of § 183. a. True b. False 2. Mallard Corporation pays for a trip to Aruba for its two top salespersons. This expense is subject to the overall limitation (50%). a. True b. False 3. One indicator of independent contractor (rather than employee) status is when the individual performing the services is paid based on time spent (rather than on tasks performed). a. True b. False 4. One of the purposes of the qualified business income deduction is to reduce the taxes on businesses that are operating in noncorporate business forms (e.g., sole proprietors, partnerships, and S corporations). a. True b. False 5. Qualified business income includes the reasonable compensation paid to the taxpayer by a qualified trade or business and guaranteed payments made to a partner for services rendered. a. True b. False 6. A taxpayer who lives and works in Tulsa travels to Buffalo for five days. If three days are spent on business and two days are spent on visiting relatives, only 60% of the airfare is deductible. a. True b. False 7. Jane is a self-employed attorney and single. Her annual net earnings from her law practice always exceed $220,000. Jane also has a business selling stained glass windows that she makes. Her earnings from this business are usually about $35,000 per year. Jane claims the standard deduction. Because Jane’s 2022 taxable income exceeds the $220,050 threshold, she may not claim a QBI deduction for either business. a. True b. False 8. In choosing between the actual expense method and the automatic mileage method, a taxpayer should consider the cost of insurance on the automobile. a. True b. False

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Chap_11_2023 9. Code § 199A permits an individual to deduct 25% of the qualified business income generated through a sole proprietorship, a partnership, or an S corporation. a. True b. False 10. A deduction for parking and other traffic violations incurred during business use of an automobile is allowed under the actual cost method but not the automatic mileage method. a. True b. False 11. Janet works at Green Company’s call center. If Janet’s compensation is based on the number of calls she handles, she is an independent contractor. a. True b. False 12. If a married taxpayer is an active participant in another qualified retirement plan, the traditional IRA deduction phaseout begins at $109,000 of AGI for a joint return in 2022. a. True b. False 13. The QBI deduction will reduce both the income tax and self-employment taxes owed by a self-employed individual. a. True b. False 14. In some cases, it may be appropriate for a taxpayer to deduct work-related expenses as both a sole proprietor and an employee. a. True b. False 15. If a taxpayer derives personal pleasure from an activity, it is presumed to be a hobby rather than a profitseeking activity. a. True b. False 16. Meg’s employer carries insurance on its employees that will pay an employee their regular salary while the employee is away from work due to illness. The premiums for Meg’s coverage were $1,800. Meg was absent from work for two months as a result of a kidney infection. Her employer’s insurance company paid Meg's regular salary of $8,000 while she was away from work. Meg also collected $2,000 on a wage continuation policy she had purchased. Meg must include $11,800 in her gross income. a. True b. False

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Chap_11_2023 17. If an employer provides all employees with group term life insurance equal to twice the employee’s annual salary, an employee with a salary of $50,000 has no gross income from the life insurance protection provided by the employer. a. True b. False 18. The QBI deduction percentage matches the 21% tax rate applicable to C corporations. a. True b. False 19. For purposes of the qualified business income (QBI) deduction, qualified business income does not include

certain types of investment income [e.g., capital gains or capital losses, dividends, and interest income (unless properly allocable to a trade or business, such as lending]. a. True b. False 20. Ginger is a self-employed driver finding rides via a few different platform companies such as Lyft. In 2022, she is single and claims the $12,950 standard deduction. For 2022, her income from driving is $67,000 and she has no other income. Ginger’s QBI deduction for 2022 is $13,400 ($67,000 x 20%). a. True b. False 21. Jackson gives both his supervisor and his spouse a $30 box of chocolates at Christmas. Jackson may claim only $25 as a deduction. a. True b. False 22. DeShawn lives and works in Newark, NJ. He travels to London for a three-day business meeting after which he spends three days touring Scotland. All of his airfare is deductible. a. True b. False 23. Carla is a deputy sheriff. Her employer requires that she live in the county where she is employed. Housing is very expensive; so the county agreed to pay her $4,800 per year to cover the higher cost of housing. Carla must include the housing supplement in her gross income. a. True b. False 24. Diya lives and works in St. Louis. In the morning she flies to Boston, has a three-hour business meeting, and returns to St. Louis that evening. For tax purposes, Diya was away from home. a. True b. False

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Chap_11_2023 25. The IRS will issue advanced rulings as to whether a worker’s status is that of an employee or an independent contractor. a. True b. False 26. Both traditional and Roth IRAs possess the advantage of tax-free accumulation of income within the plan. a. True b. False 27. A U.S. citizen who works in France from February 1, 2022 until January 31, 2023 is eligible for the foreign earned income exclusion in 2022 and 2023. a. True b. False 28. Instead of providing the qualified business income deduction to owners of noncorporate businesses, Congress could have applied a special tax rate to the business income to achieve a similar result. a. True b. False 29. A taxpayer who uses the automatic mileage method to compute auto expenses can also deduct the business portion of tolls and parking. a. True b. False 30. For a person who is in the 35% marginal tax bracket, $1,000 of tax-exempt income is equivalent to $1,350 of income that is subject to tax. a. True b. False 31. The work-related expenses of an independent contractor are treated as itemized deductions. a. True b. False 32. In the case of an office in the home deduction, the exclusive business use test does not apply when the home is used as a daycare center. a. True b. False 33. If an employer pays for an employee’s long-term care insurance premiums, the employee can exclude from gross income the premiums, but all of the benefits collected must be included in gross income. a. True b. False

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Chap_11_2023 34. A taxpayer who maintains an office in the home to conduct his only business will not have nondeductible commuting expenses. a. True b. False 35. Under the regular (actual expense) method, the portion of the office in the home deduction that exceeds the income from the business can be carried over to future years. a. True b. False 36. James has a job that compels him to go to many different states during the year. It is possible that he was never away from his tax home during the year. a. True b. False 37. Contributions to a Roth IRA can be made up to the due date (excluding extensions) of the taxpayer’s income tax return. a. True b. False 38. Qualified property is used to determine one of the limitations to the qualified business income (QBI)

deduction. Specifically, 2.5% of the unadjusted basis (immediately after acquisition) of qualified property is added to 50% of W-2 wages to determine this limitation. a. True b. False 39. A participant who is at least age 59 1/2 can make a tax-free qualified withdrawal from a Roth IRA after a fiveyear holding period. a. True b. False 40. When contributions are made to a traditional IRA, they are deductible by the participant. Later distributions from the IRA upon retirement are fully taxed. a. True b. False 41. Qualified business income (QBI) is defined as the ordinary income less ordinary deductions that a taxpayer

earns from a qualified trade or business (e.g., from a sole proprietorship, S corporation, or partnership) conducted in the United States by the taxpayer. a. True b. False

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Chap_11_2023 42. Fresh Bakery often has unsold donuts at the end of the day. The bakery allows employees to take the leftovers home. The employees are not required to recognize gross income because the bakery does not incur any additional cost. a. True b. False 43. Marvin lives with his family in Alabama. He has two jobs: one in Alabama and one in North Carolina. His tax home is where he lives (Alabama). a. True b. False 44. Under the simplified method, the maximum office in the home deduction allowed is the greater of $1,500 or the office square feet × $5. a. True b. False 45. A U.S. citizen is always required to include in gross income the salary and wages earned while working in a foreign country even if the foreign country taxes the income. a. True b. False 46. A hobby activity results in all of the hobby income being included in AGI and no deductions being allowed for hobby-related expenses. a. True b. False 47. A self-employed taxpayer who lives and works in Kansas City travels to Chicago on an eight-day business trip. While in Chicago, the taxpayer uses the hotel valet service to have some laundry done. The valet charge is a nondeductible personal travel expense. a. True b. False 48. Jake performs services for Maude. If Maude provides a helper and tools, this is indicative of independent contractor (rather than employee) status. a. True b. False 49. Employees of a CPA firm located in Maryland may exclude from gross income the meals and lodging provided by the employer while they were on an audit in Delaware. a. True b. False 50. After the automatic mileage rate has been set by the IRS for a year, it cannot later be changed by the IRS. a. True b. False

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Chap_11_2023 51. For tax year 2022, Taylor used the simplified method of determining her office in the home deduction. For 2023, Taylor must continue to use the simplified method and cannot switch to the regular (actual expense) method. a. True b. False 52. Carol is self-employed and uses her automobile solely for her business. If she uses the actual expense method to compute expenses, she can include any interest paid on the loan taken out to purchase the car. a. True b. False 53. Once the actual cost method is used, a taxpayer cannot change to the automatic mileage method in a later year. a. True b. False 54. Eileen lives and works in Mobile. She travels to Rome for an eight-day business meeting after which she spends two days touring Italy. All of Eileen’s airfare is deductible. a. True b. False 55. The maximum annual contribution to a Roth IRA for an unmarried taxpayer who is age 35 is the lesser of $6,000 or the individual’s compensation for the year in 2022. a. True b. False 56. Under the automatic mileage method, depreciation is not taken into account in the mileage rate allowed. a. True b. False 57. The moving expense deduction has been eliminated for all taxpayers. a. True b. False 58. A taxpayer who claims the standard deduction will not be able to claim an office in the home deduction. a. True b. False 59. Roger is in the 35% marginal tax bracket. Roger’s employer has created a flexible spending account for medical and dental expenses that are not covered by the company’s health insurance plan. Roger had his salary reduced by $1,200 during the year for contributions to the flexible spending plan. However, Roger incurred only $1,100 in actual expenses for which he was reimbursed. Under the plan, he must forfeit the $100 unused amount. His after-tax cost of overfunding the plan is $65. a. True b. False

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Chap_11_2023 60. Qualified moving expenses of an employee that are not reimbursed are a deduction for AGI. a. True b. False 61. Lloyd, a practicing CPA, pays tuition to attend law school. Since a law degree involves education leading to a new trade or business, the tuition is not deductible. a. True b. False 62. Ethan, a bachelor with no immediate family, uses Pine Shadows Country Club exclusively for his business entertaining. All of Ethan’s annual dues for his club membership are deductible. a. True b. False 63. If property taxes and home mortgage interest expense are related to a hobby, the excess amount of these items over the hobby income cannot be deducted even if the taxpayer itemizes deductions. a. True b. False 64. A taxpayer takes six clients to an NBA playoff game. If all of the tickets (list price of $120 each) are purchased on the Internet for $1,800 ($300 each), only $60 ($120 × 50% overall limitation) per ticket is deductible. a. True b. False 65. Melody works for a company with only 22 employees. Her employer contributed $2,000 to her health savings account (HSA), and the account earned $100 in interest during the year. Melody withdrew only $1,200 to pay medical expenses during the year. Melody is not required to recognize any gross income from the HSA for the year. a. True b. False 66. A taxpayer who uses the automatic mileage method for the business use of an automobile can change to the actual cost method in a later year. a. True b. False 67. If an individual is ineligible to make a deductible contribution to a traditional IRA, nondeductible contributions of any amount also can be made to a traditional IRA. a. True b. False 68. There are three limitations on the qualified business income deduction: an overall limitation (based on modified taxable income), another that applies to high income taxpayers, and a third that applies to certain types of service businesses. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_11_2023 69. An individual, age 40, who is not subject to the phase-out provision may contribute a nondeductible amount to a Roth IRA of up to $6,000 per year in 2022. a. True b. False 70. On their birthdays, Lily sends gift certificates (each valued at $25) to Caden (a key client) and to each of Caden’s two minor children. Lily can deduct only $25 for these gifts. a. True b. False 71. Mauve Company permits employees to occasionally use the copying machine for personal purposes. The copying machine is located in the office where the higher paid executives work, so they occasionally use the machine. However, the machine is not convenient for use by the lower paid warehouse employees and, thus, they never use the copier. The use of the copy machine may not be excluded from gross income because the benefit is discriminatory. a. True b. False 72. Nicole’s employer pays her $150 per month toward the cost of parking near a railway station where Nicole catches the train to work. The employer also pays the cost of the rail pass, $75 per month. Nicole can exclude both of these payments from her gross income. a. True b. False 73. A qualified trade or business includes any trade or business including providing services as an employee. a. True b. False 74. If an individual is subject to the direction or control of another only to the extent of the end result but not as to the means of accomplishment, an employer-employee relationship does not exist. a. True b. False 75. In applying the IRA phase-out provision, an individual is considered an active participant in an employersponsored retirement plan because an individual’s spouse is an active participant for any part of a plan year. a. True b. False 76. The tax law specifically provides that a taxpayer cannot be temporarily away from home for any period of employment that exceeds one year. a. True b. False 77. If a taxpayer does not own a home but rents an apartment, the office in the home deduction is not available. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_11_2023 78. A taxpayer who always claims the standard deduction (i.e., does not itemize their deductions from AGI) may still be able to receive a tax benefit from any education expenses incurred. a. True b. False 79. An education expense deduction may be allowed even if the education results in a promotion or pay raise for the employee. a. True b. False 80. Flamingo Corporation furnishes meals at cost to its employees at a cafeteria it maintains. The cost of operating the cafeteria is not subject to the overall limitation (50%). a. True b. False 81. A self-employed taxpayer who uses the automatic mileage method to compute auto expenses can also deduct the business portion of automobile club dues. a. True b. False 82. Sarah’s employer pays the hospitalization insurance premiums for a policy that covers all employees and retired former employees. After Sarah retires, the hospital insurance premiums paid for her by her employer can be excluded from her gross income. a. True b. False 83. For tax purposes, travel is a broader classification than transportation. a. True b. False 84. Once a taxpayer reaches certain taxable income thresholds, § 199A limits the qualified business income (QBI) deduction. These thresholds are indexed for inflation every year. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 85. Which of the following trips, if any, will qualify for the travel expense deduction? a. Dr. Jones, a self-employed general dentist, attends a two-day seminar on developing a dental practice. b. Dr. Brown, a self-employed surgeon, attends a two-day seminar on financial planning. c. Paul, a romance language high school teacher, spends summer break in France, Portugal, and Spain improving his language skills. d. Myrna went on a two-week vacation in Boston. While there, she visited her employer’s home office to have lunch with former coworkers.

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Chap_11_2023 86. Which of the following is not relevant in determining whether an activity is profit seeking or a hobby? a. Whether the activity is enjoyed by the taxpayer. b. The expertise of the taxpayers and time and effort expended. c. The relationship of profits earned and losses incurred. d. All of these are relevant factors. 87. The tax advantages of being self-employed (rather than being an employee) include: a. The self-employment tax is lower than the Social Security tax. b. The overall limitation (50%) on meals does not apply. c. An office in the home deduction (from AGI) is available. d. Job-related expenses are deductions for AGI. 88. For which of the following situations, if any, is the automatic mileage available? a. A limousine the owner rents out for special occasions (e.g., weddings, high school proms). b. An auto that belongs to the taxpayer’s mother. c. One of seven cars used to deliver pizzas. d. None of these. 89. Jenna owns and manages her single-member LLC, which provides a wide variety of financial services to her clients. She is married and will file a joint tax return with her spouse. Her LLC reports $300,000 of net income, W-2 wages of $120,000, and assets with an unadjusted basis of $75,000. Their taxable income before the QBI deduction is $285,000 (this is also their modified taxable income). What is their QBI deduction for 2022? a. $-0-. b. $57,000. c. $60,000. d. $70,000. 90. Chang is a self-employed practical nurse who works from his home. He provides nursing care for disabled persons living in their residences. During the day, he drives his car as follows.

Chang’s home to patient Louise Patient Louise to patient Carl Patient Carl to patient Betty Patient Betty to Chang’s home

Miles 12 4 6 10

Chang’s deductible mileage for each workday is: a. 12 miles. b. 20 miles. c. 22 miles. d. 32 miles.

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Chap_11_2023 91. When using the automatic mileage method, which of the following expenses, if any, also can be claimed? a. Engine tune-up. b. Parking. c. Interest on automobile loan. d. MACRS depreciation. 92. During 2023, John (a self-employed management consultant) went from Milwaukee to Hawaii on business. Preceding a five-day business meeting, he spent four days vacationing at the beach. Excluding the vacation costs, his expenses for the trip are: Airfare Lodging Meals Entertainment

$3,200 900 800 600

Presuming no reimbursement, deductible expenses are: a. $3,200. b. $3,900. c. $4,500. d. $5,500. 93. Under the actual expense method, which of the following expenses, if any, will not be allowed? a. Parking fines incurred during business use of a car. b. Interest expense on a car loan (taxpayer is self-employed). c. Auto insurance. d. Auto club dues. 94. Ellie (a single taxpayer) is the owner of ABC, LLC. The LLC (a sole proprietorship) reports QBI of $900,000 and is not a specified services business. ABC paid total W-2 wages of $300,000, and the total unadjusted basis of property held by ABC is $30,000. Ellie’s taxable income before the QBI deduction is $740,000 (this is also her modified taxable income). What is Ellie’s QBI deduction for 2022? a. $75,750. b. $148,000. c. $150,000. d. $180,000.

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Chap_11_2023 95. Employees of the Valley Country Club are allowed to use the golf course without charge before and after working hours on Mondays when the number of players on the course is at its lowest. Tom, an employee of the country club, played 40 rounds of golf during the year at no charge when the nonemployee charge was $20 per round. a. Tom must include $800 in gross income. b. Tom is not required to include anything in gross income because it is a de minimis fringe benefit. c. Tom is not required to include the $800 in gross income because the use of the course was a gift. d. Tom is not required to include anything in gross income because this is a no-additional-cost service fringe benefit. 96. An employee can exclude from gross income the value of meals provided by their employer whenever: a. The meal is not extravagant. b. The meals are provided on the employer’s premises for the employer’s convenience. c. There are no places to eat near the work location. d. The meals are provided for the convenience of the employee. 97. Cristiano performs services for Ryan. Which of the following factors, if any, indicates that Cristiano is an independent contractor rather than an employee? a. Ryan sets the work schedule. b. Ryan provides the tools used. c. Cristiano follows a specific set of instructions from Ryan to complete tasks. d. Cristiano is paid based on tasks performed. 98. A worker may prefer to be classified as an employee (rather than an independent contractor) for which of the following reasons: a. To claim unreimbursed work-related expenses as a deduction for AGI. b. To avoid the self-employment tax. c. To avoid the limitation on unreimbursed business entertainment expenses. d. To avoid the limitations on unreimbursed work-related expenses. 99. Sammy, age 31, is unmarried and is not an active participant in a qualified retirement plan. His modified AGI is $56,000 in 2022. The maximum amount that Sammy can deduct for a contribution to a traditional IRA is: a. $2,800. b. $3,500. c. $5,000. d. $6,000.

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Chap_11_2023 100. A U.S. citizen worked in a foreign country for the period July 1, 2021 through August 1, 2022. Her salary was $10,000 per month. Also, in 2021 she received $5,000 in dividends from foreign corporations (not qualified dividends). No dividends were received in 2022. Which of the following is correct? a. The taxpayer cannot exclude any of the income because she was not present in the foreign country more than 330 days in either 2021 or 2022. b. The taxpayer can exclude a portion of the salary from U.S. gross income in 2021 and 2022, and all of the dividend income. c. The taxpayer can exclude from U.S. gross income $60,000 salary in 2021, but in 2022 she will exceed the 12-month limitation and, therefore, all of the 2022 compensation must be included in gross income. All of the dividends must be included in 2021 gross income. d. The taxpayer must include the dividend income of $5,000 in 2021 gross income, but she can exclude a portion of the compensation income from U.S. gross income in 2021 and 2022. 101. Heather is a full-time employee of Drake Company and participates in the company’s flexible spending plan that is available to all employees. Which of the following is correct? a. Heather reduced her salary by $1,200, actually spent $1,500, and received only $1,200 as reimbursement for her medical expenses. Heather’s gross income will be reduced by $1,500. b. Heather reduced her salary by $1,200 and received only $900 as reimbursement for her actual medical expenses. She is not refunded the $300 remaining balance, but her gross income is reduced by $1,200. c. Heather reduced her salary by $1,200 and received only $800 as reimbursement for her medical expenses. She is not refunded the $400. Her gross income is reduced by $800. d. Heather reduced her salary by $1,200 and received only $900 as reimbursement for her medical expenses. She forfeits the $300. Her gross income is reduced by $300. 102. Adam repairs power lines for the Egret Utilities Company. He is generally working on a power line during the lunch hour. He must eat when and where he can and still get his work done. He usually purchases something at a convenience store and eats in his truck. Egret reimburses Adam for the cost of his meals. a. Adam must include the reimbursement in his gross income. b. Adam can exclude the reimbursement from his gross income since the meals are provided for the convenience of the employer. c. Adam can exclude the reimbursement from his gross income because he eats the meals on the employer’s business premises (the truck). d. Adam may exclude from his gross income the difference between what he paid for the meals and what it would have cost him to eat at home. 103. Randy is the manager of a motel. As a condition of his employment, Randy is required to live in a room on the premises so that he would be there in case of emergencies. Randy considered this a fringe benefit since he would otherwise be required to pay $800 per month rent. The room that Randy occupied normally rented for $70 per night, or $2,100 per month. On the average, 90% of the motel rooms were occupied. As a result of this rent-free use of a room, what amount is Randy is required to include in gross income? a. $-0-. b. $800 per month. c. $2,100 per month. d. $1,890 ($2,100 × 0.90).

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Chap_11_2023 104. Ralph made the following business gifts during the year. To Robert (a key client) at Christmas To Angel (Robert’s 8-year old daughter) on her birthday To Art (Ralph’s secretary) on his birthday ($3 was for gift wrapping) To Paige (Ralph’s boss) at Christmas

$50 20 30 40

Presuming proper substantiation, Ralph’s deduction is: a. $0. b. $53. c. $73. d. $78. 105. Robert entertains several of his key clients on January 1 of the current year; total expenses were $1,220 ($60 cab fare and $1,160 club charges). The charges at the club are combined into a single charge of $1,160. Robert estimates that if charged separately, the costs would be as follows: Cover charge at supper club Dinner at club Tips to waiter

$200 800 160

Presuming proper substantiation, Robert’s deduction is: a. $0. b. $640. c. $740. d. $1,220. 106. Which of the following expenses, if any, qualify as deductible? a. Contributions to a Coverdell Education Savings Account (CESA). b. Contributions to a qualified tuition program (§ 529 plan). c. Job-hunting expense of FBI agent who applies for the job of city manager of Beaumont, TX. d. Contribution to a traditional IRA. 107. The taxpayer’s marginal federal and state tax rate is 25%. Which would the taxpayer prefer? a. $1.00 taxable income rather than $1.25 tax-exempt income. b. $1.00 taxable income rather than $.75 tax-exempt income. c. $1.25 taxable income rather than $1.00 tax-exempt income. d. $1.40 taxable income rather than $1.00 tax-exempt income.

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Chap_11_2023 108. During 2023, Walt who is self-employed travels from Seattle to Tokyo, Japan, on business. His time was spent as follows: two days travel (one day each way), two days business, and two days personal. His expenses for the trip were as follows (meals and lodging reflect only the business portion): Airfare Lodging Meals

$3,000 2,000 1,000

Presuming no reimbursement, Walt’s deductible expenses are: a. $3,500. b. $4,500. c. $5,500. d. $6,000. 109. Rachel operates a sole proprietorship that earns $200,000 of qualified business income after deducting salaries of $60,000. The sole proprietorship is not a specified service business. She files a single tax return for 2022. Assume her taxable income before the QBI deduction is $230,000. Rachel’s QBI deduction for 2022 is: a. $-0-. b. $30,000. c. $35,000. d. $46,000. 110. All employees of United Company are covered by a group hospitalization insurance plan, but the employees must pay the premiums ($8,000 for each employee). None of the employees has sufficient medical expenses to deduct the premiums. Instead of giving raises next year, United is considering paying the employee’s hospitalization insurance premiums. If the change is made, the employee’s after-tax and insurance pay will: a. Decrease by the same amount for all employees. b. Increase more for the lower-paid employees (10% and 12% marginal tax bracket). c. Increase more for the higher income (35% marginal tax bracket) employees. d. Increase by the same amount for all employees. 111. Fran is a CPA who has a small tax practice in addition to working as the controller for a local manufacturing business. Fran runs her tax practice out of a 150-square foot office in her home where she meets clients and works on their tax returns and researches their tax issues. She meets the exclusive use test for this space. The gross income from her tax practice amounts to $7,500 for the year. Business expenses amount to $1,000. Based on square footage, $4,000 of Fran’s mortgage interest and real estate taxes are allocable to the home office. The allocable portion of maintenance, utilities, and depreciation is $4,500. Assuming no other expenses related to the business were incurred, what amount of the maintenance, utilities, and depreciation is deductible by Fran? a. $0. b. $2,500. c. $3,500. d. $4,500.

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Chap_11_2023 112. Julie was suffering from a viral infection that caused her to miss work for 90 days. During the first 30 days of her absence, she received her regular salary of $8,000 from her employer. For the next 60 days, she received $12,000 under an accident and health insurance policy purchased by her employer. The premiums on the health insurance policy were excluded from her gross income. During the last 30 days, Julie received $6,000 on an income replacement policy she had purchased. Of the $26,000 she received, Julie must include in gross income: a. $6,000. b. $8,000. c. $14,000. d. $20,000. 113. Which of the following factors, if any, is a characteristic of independent contractor status? a. Services are performed for more than one business. b. Forms 1099-NEC received from business customers who paid $600 or more during the year. c. Workplace fringe benefits are not available. d. All of these are characteristic of independent contractor status. 114. The employees of Mauve Accounting Services are permitted to use the copy machine for personal purposes, provided the privilege is not abused. Ed is the president of a civic organization and uses the copier to make several copies of the organization’s agenda for its meetings. The copies made during the year would have cost $150 at a local office supply. a. Ed must include $150 in his gross income. b. Ed may exclude the cost of the copies as a no-additional-cost fringe benefit. c. Ed may exclude the cost of the copies only if the organization is a client of Mauve. d. Ed may exclude the cost of the copies as a de minimis fringe benefit. 115. A company has a medical reimbursement plan for officers that covers all costs that the company's insurer will not pay. However, for all employees who are not officers, the medical reimbursement plan applies only after the employee has paid $1,000 from their own funds. An officer incurred $1,500 in medical expenses and was reimbursed for that amount. An hourly worker also incurred $1,500 in medical expense and was reimbursed $500. a. Both employees must include all benefits received in gross income. b. The officer must include $500 in gross income. c. The officer must include $1,500 in gross income. d. The hourly employee must include $1,000 in gross income.

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Chap_11_2023 116. For an activity classified as a hobby, the expenses are categorized as follows: (1) Amounts that affect adjusted basis and would be deductible under other Code sections if the activity had been engaged in for profit (e.g., depreciation, amortization, and depletion). (2) Amounts deductible under other Code sections without regard to the nature of the activity, such as property taxes and home mortgage interest. (3) Amounts deductible under other Code sections if the activity had been engaged in for profit, but only if those amounts do not affect adjusted basis (e.g., maintenance, utilities, and supplies). For tax years before 2018, if these expenses exceed the gross income from the activity and are thus limited, the sequence in which they are deductible is: a. (1), (2), (3). b. (1), (3), (2). c. (2), (3), (1). d. (3), (2), (1). 117. Peggy is an executive for the Tan Furniture Manufacturing Company. She purchased furniture from the company for $9,500, the price Tan ordinarily would charge a wholesaler for the same items. The retail price of the furniture was $12,500, and Tan’s cost was $9,000. The company also paid for Peggy’s parking space in a garage near the office. The parking fee was $600 for the year. All employees are allowed to buy furniture at a discounted price comparable to that charged to Peggy. However, the company does not pay other employees’ parking fees. Peggy’s gross income from the above is: a. $-0-. b. $600. c. $3,500. d. $4,100. 118. Which of the following factors, if any, is not a characteristic of independent contractor status? a. Work-related expenses are reported on Schedule A (Form 1040). b. Form 1099-NEC received from business customers. c. Workplace fringe benefits are not available. d. Services are performed for more than one party.

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Chap_11_2023 119. Evaluate the following statements: I. II. III.

De minimis fringe benefits are those that are so immaterial that accounting for them is impractical. De minimis fringe benefits are subject to strict antidiscrimination requirements. Generally, a fringe benefit of less than $50 is considered de minimis and can be excluded from gross income.

a. Only I is true. b. Only III is true. c. Only I and III are true. d. I, II, and III are true. 120. The First Chance Casino has gambling facilities, a bar, a restaurant, and a hotel. All employees are allowed to obtain food from the restaurant at no charge during working hours. In the case of the employees who operate the gambling facilities, bar, and restaurant (60% of all of Casino’s employees), the meals are provided for the convenience of the Casino. However, the hotel workers demanded equal treatment and therefore were also allowed to eat in the restaurant at no charge while they are at work. Which of the following is correct? a. All the employees are required to include the value of the meals in their gross income. b. Only the restaurant employees may exclude the value of their meals from gross income. c. Only the employees who work in gambling, the bar, and the restaurant may exclude the meals from gross income. d. All of the employees may exclude the value of the meals from gross income. 121. Which of the following, if any, is subject to an overall limitation on meals? a. Meals provided to employees during a business meeting. b. Meals provided at cost to employees at a cafeteria funded by the employer. c. A Fourth of July company picnic for employees. d. Meals provided to employees during a training event or retreat at an off-site location. 122. The exclusion for health insurance premiums paid by an employer applies to: a. Only current employees and their spouses. b. Only current employees and their spouses and dependents. c. Only current employees and their disabled spouses. d. Current employees, retired former employees, and their spouses and dependents.

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Chap_11_2023 123. Corey is the city sales manager for RIBS, a national fast food franchise. Every working day, Corey drives his car as follows:

Home to office Office to RIBS No. 1 RIBS No. 1 to No. 2 RIBS No. 2 to No. 3 RIBS No. 3 to home

Miles 20 15 18 13 30

Corey renders an adequate accounting to his employer. As a result, Corey’s reimburseable mileage is: a. 0 miles. b. 46 miles. c. 66 miles. d. 76 miles. 124. The Royal Motor Company manufactures automobiles. Nonmanagement employees of the company can buy a new automobile for Royal’s cost plus 2%. The automobiles are sold to dealers at cost plus 20%. Generally, management employees of Local Dealer, Inc., are allowed to buy a new automobile from the company at the dealer’s cost. Which of the following statements is correct? a. The nonmanagement employees who buy automobiles at a discount are not required to recognize income from the purchase. b. None of the employees who take advantage of the fringe benefits described above are required to recognize income. c. Employees of Royal are required to recognize as gross income 18% (20% – 2%) of the cost of the automobile purchased. d. All of these. 125. Which of the following, if any, is an advantage of using the simplified method for determining the office in the home deduction? a. No depreciation on the personal residence has to be computed. b. The exclusive use requirement does not have to be met. c. It allows the expense to be classified as a deduction for AGI. d. It can also be used for a residence that is rented (not owned) by the taxpayer. 126. Frank established a Roth IRA at age 25 and contributed a total of $131,244 to it over 38 years. The account is now worth $376,000. How much of these funds can Frank withdraw tax-free? a. $0 b. $131,244 c. $244,756 d. $376,000

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Chap_11_2023 127. Kristen’s employer owns its building and provides parking space for its employees. The value of the free parking is $150 per month. Karen’s employer does not have parking facilities but reimburses its employees for the cost of parking in a nearby garage up to $150 per month. a. Kristen and Karen must recognize gross income from the parking services. b. Kristen can exclude the employer-provided parking from gross income, but Karen must include her reimbursement in gross income. c. Kristen must include the value of the employer-provided parking from her gross income, but Karen can exclude her reimbursement from gross income. d. Neither Kristen nor Karen is required to include the cost of parking in gross income. 128. During 2023, Sophie (a self-employed marketing consultant) went from Omaha to Lima, Peru, on business. She spent four days on business, two days on travel, and four days on vacation. Disregarding the vacation costs, Sophie’s expenses are: Airfare Lodging Meals Entertainment

$3,000 800 600 400

Sophie’s deductible expenses are: a. $4,300. b. $2,900. c. $2,800. d. $2,500. 129. Priscella pursued a hobby of making bedspreads in her spare time. Her AGI before considering the hobby is $40,000. During 2022 she sold the bedspreads for $10,000. She incurred expenses as follows: Fabric and other supplies needed to make bedspreads Interest on loan to get business started Advertising

$4,000 500 6,500

Assuming that the activity is deemed a hobby, how should she report these items on her tax return? a. Include $10,000 in income and deduct $11,000 for AGI. b. Ignore both income and expenses since hobby losses are disallowed. c. Include $10,000 in income and deduct nothing. d. Include $10,000 in income and deduct $4,000 for AGI as cost of goods sold. 130. Statutory employees: a. Report their expenses as miscellaneous itemized deductions. b. Include common law employees. c. Are subject to income tax withholdings. d. Claim their expenses as deductions for AGI. Copyright Cengage Learning. Powered by Cognero.

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Chap_11_2023 131. In which of the following plans is this statement true: A deduction is allowed for contributions to the plan, and no income tax consequences result from distributions to the participant at retirement. a. Roth IRAs. b. Traditional IRAs. c. Keogh (H.R. 10) plans. d. None of the above. 132. Louise works in a foreign branch of her employer’s business. She earned $5,000 per month throughout the relevant period. Which of the following is correct? a. If Louise worked in the foreign branch from May 1, 2021 until October 31, 2022, she may exclude $40,000 from gross income in 2021 and exclude $50,000 in 2022. b. If Louise worked in the foreign branch from May 1, 2021 until October 31, 2022, she cannot exclude anything from gross income because she was not present in the country for 330 days in either year. c. If Louise began work in the foreign country on May 1, 2021, she must work through November 30, 2022 in order to exclude $55,000 from gross income in 2022 but none in 2021. d. Louise will not be allowed to exclude any foreign earned income because she made less than $112,000. 133. Under the deemed substantiation method of accounting for expenses, what is the maximum amount taxpayers are allowed as a deduction without being required to substantiate the amount of the expenses? a. The appropriate Federal per diem amount. b. $75 per day. c. All expenses up to $25 per day. d. The per diem rate established by the state in which they live. 134. Matilda works for a company with 1,000 employees. The company has a hospitalization insurance plan that covers all employees. However, the employee must pay the first $3,000 of their medical expenses each year. Each year, the employer contributes $1,500 to each employee’s health savings account (HSA). Matilda’s employer made the contributions in 2021 and 2022, and the account earned $100 interest in 2022. At the end of 2022, Matilda withdrew $3,100 from the account to pay the deductible portion of her medical expenses for the year and other medical expenses not covered by the hospitalization insurance policy. As a result, Matilda must include in her 2022 gross income: a. $0. b. $100. c. $1,600. d. $3,100.

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Chap_11_2023 135. Under Swan Company’s cafeteria plan, all full-time employees are allowed to select any combination of the following benefits, but the total received by each employee cannot exceed $8,000 a year. I. II. III. IV.

Group medical and hospitalization insurance for the employee, $3,600 a year. Group medical and hospitalization insurance for the employee’s spouse and children, $1,200 a year. Child care payments, actual cost but not more than $4,800 a year. Cash required to bring the total of benefits and cash to $8,000.

Which of the following statements is true? a. Sam, a full-time employee, selects choices II and III and $2,000 cash. His gross income must include the $2,000. b. Haruto, a full-time employee, elects to receive $8,000 cash because his wife’s employer provides these same insurance benefits, which would cover him (II). Haruto is not required to include the $8,000 in gross income. c. Sue, a full-time employee, elects to receive choices I, II, and $3,200 for III. Sue is required to include $3,200 in gross income. d. All of these. 136. A worker may prefer to be treated as an independent contractor (rather than an employee) for which of the following reasons: a. Avoids the overall limitation (50%) on business meals. b. All of the self-employment tax is deductible for income tax purposes. c. Work-related expenses of an independent contractor are deductible for AGI. d. A Schedule C does not have to be filed. 137. The plant union is negotiating with the Eagle Company, which is on the verge of bankruptcy. Eagle has offered to pay for the employees’ hospitalization insurance in exchange for a wage reduction. Each employee currently pays premiums of $4,000 a year for their insurance. Which of the following is correct: a. If an employee’s wages are reduced by $5,000 and the employee is in the 24% marginal tax bracket, the employee would benefit from the offer. b. If an employee’s wages are reduced by $4,000 and the employee is in the 12% marginal tax bracket, the employee would benefit from the offer. c. If an employee’s wages are reduced by $6,000 and the employee is in the 35% marginal tax bracket, the employee would benefit from the offer. d. Choices a., b., and c. 138. The de minimis fringe benefit: a. Exclusion applies only to property received by the employee. b. Can be provided on a discriminatory basis. c. Exclusion is limited to $250 per year. d. Exclusion applies to employee discounts.

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Chap_11_2023 139. Dana, age 31 and unmarried, is an active participant in a qualified retirement plan. Her AGI is $133,000. What amount, if any, may she contribute to a Roth IRA in 2022? a. $0. b. $1,600. c. $4,400. d. $6,000. 140. Which of the following expenses, if any, are deductible? a. Safety shoes purchased by a plumber employed by a company. b. Bottled water purchased by a gig driver for passengers. c. Unreimbursed employee expenses. d. Tax return preparation fee paid by a nonemployed retiree. 141. Tommy, a senior at State College, receives free room and board as full compensation for working as a resident adviser at the university dormitory. The regular housing contract is $2,000 a year in total, $1,200 for lodging, and $800 for meals in the dormitory. He had the option of receiving the meals or $800 in cash and accepted the meals. What must Tommy include in gross income from working as a resident adviser? a. All items can be excluded from gross income as a scholarship. b. The meals must be included in gross income. c. The meals may be excluded because he did not receive cash. d. The lodging must be included in gross income because it was compensation for services. 142. Which of the following would constitute an employer-employee relationship? a. A plumber who comes to your home to fix a leaking faucet. b. A CPA who prepares a client’s tax return. c. A physician who hires a nurse to help her with patient screening and preliminary tests in the office. d. A gardener who takes care of individual lawns for a monthly fee. 143. Which of the following miscellaneous expenses is deductible? a. Unreimbursed employee business expenses. b. Job-hunting expenses. c. Union dues. d. Losses from Ponzi-type investment schemes. 144. Annika has $200,000 of QBI from her neighborhood clothing store (a sole proprietorship). Her proprietorship paid $30,000 in W-2 wages and has $20,000 of qualified property. Annika’s spouse earned $50,000 of wages as an employee, they earned $20,000 of interest income during the year, and they will be filing jointly. What is their QBI deduction for 2022? a. $-0-. b. $40,000. c. $50,000. d. $54,000.

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Chap_11_2023 145. James, a cash basis taxpayer, received the following compensation and fringe benefits in the current year: Salary Disability income protection premiums Long-term care insurance premiums

$66,000 3,000 4,000

His actual salary was $72,000. He received only $66,000 because his salary was garnished and the employer paid the $6,000 owed on James’s credit card. The wage continuation insurance is available to all employees and pays the employee three-fourths of the regular salary if the employee is sick or disabled. The long-term care insurance is available to all employees and pays $150 per day toward a nursing home or similar facility. What is James’s gross income from the above? a. $66,000. b. $72,000. c. $73,000. d. $75,000. 146. Under the actual cost method, which of the following expenses, if any, will not be allowed? a. Car registration fees. b. Auto insurance. c. Interest expense on a car loan (taxpayer is an employee). d. Dues to auto clubs. 147. Which of the following expenses, if any, is/are deductible? a. Contribution to an IRA. b. Costs involved in maintaining an office in the home by a self-employed insurance adjuster. Taxpayer’s wife also uses the office as a meeting place for her bridge club. c. Cost of moving to first job location. Taxpayer just graduated from college. d. Job-hunting expenses of a fishing guide to become an insurance salesman. 148. Margarita, a single taxpayer, operates a sole proprietorship that reports $100,000 of qualified business income after deducting salaries of $300,000 in 2022. The sole proprietorship is not a specified service business. Assume her taxable income before the QBI deduction is $160,000. Margarita’s QBI deduction for 2022 is: a. $-0-. b. $20,000. c. $32,000. d. $60,000. 149. In contrasting the reporting procedures of employees and self-employed persons regarding job-related transactions, which of the following items involve people who are self-employed? a. Schedule C (Form 1040). b. Form W-4. c. Form W-2. d. Schedule A (Form 1040).

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Chap_11_2023 Indicate one or more answer choices that best complete the statement or answer the question. 150. Which of the following taxpayers is potentially eligible for a qualified business income deduction based on the noted activity? (circle all that apply) a. A shareholder of General Electric. b. A sole proprietor operating a restaurant. c. A self-employed doctor. d. Jennifer, owner of a winery operated as an S corporation. 151. Which of the following self-employed individuals are in a specified service trade or business? (circle all that apply) a. Dentist. b. Consultant. c. Architect. d. CPA. Sue performs services for Lynn. Regarding this arrangement, use the legend provided to classify each statement. a. Indicates employee status. b. Indicates independent contractor status. 152. The services are performed at Sue’s premises. 153. Sue does not work for other parties. 154. Lynn determines when the services are to be performed. 155. Sue has unreimbursed expenses. 156. Sue was trained by Lynn. 157. Sue uses her own helpers. 158. Sue charges by the hour for her work. 159. Sue does not file a Schedule SE with her Form 1040. 160. Sue files a Schedule SE with her Form 1040. 161. Sue uses her own tools.

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Chap_11_2023 162. Rod uses his automobile for both business and personal use and claims the automatic mileage rate for all purposes. During 2022, his mileage was as follows:

Personal Business Medical Charitable Qualifying education (MBA program)

Miles Driven 4,000 8,000 1,800 1,500 800

How much can Rod claim for mileage?

163. Alfredo, a self-employed patent attorney, flew from his home in Chicago to Miami, had lunch alone at the Chicago airport, conducted business in the afternoon, and returned to Chicago in the evening. His expenses were as follows: Airfare Airport parking (Chicago) Lunch Taxis (Miami)

$900 60 30 42

What is Alfredo’s deductible expense for the trip?

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Chap_11_2023 164. Rocky has a full-time job as an electrical engineer for the city utility. In his spare time, he repairs electronic gear in the basement of his personal residence. Most of his business comes from friends and referrals from former customers, although occasionally he runs an ad in the local suburbia newspaper. Typically, the items are dropped off at Rocky’s house and later picked up by the owner when notified that the repairs have been made. The floor space of Rocky’s residence is 2,500 square feet, and he estimates that 20% of this is devoted exclusively to the repair business (i.e., 500 square feet). Gross income from the business is $13,000; expenses (other than home office) are $5,000. Expenses relating to the residence are as follows: Real property taxes Interest on home mortgage Operating expenses of residence Depreciation (based on 20% business use)

$4,500 8,000 3,000 1,000

What is Rocky’s net income from the repair business a. b.

If he uses the regular (actual expense) method of computing the deduction for office in the home? If he uses the simplified method?

165. Lily (self-employed) went from her office in Portland to Lisbon, Portugal, on business. While there, she spent part of the time on vacation. How much of the $5,000 airfare can she deduct based on the following assumptions: a. b. c.

Lily was gone five days (i.e., three business and two personal). Lily was gone five weeks (i.e., four business and one personal). Lily was gone five weeks (i.e., three business and two personal).

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Chap_11_2023 166. Brian makes gifts as follows: Recipient Mr. Brown (a client) Mrs. Brown (Mr. Brown’s wife) Ms. Smith (Brian’s receptionist) Mr. Jones (Brian’s boss)

Cost of Gift $27 * 15 30 40

* Includes $2 for gift wrapping Presuming adequate substantiation and no reimbursement, how much may Brian deduct?

167. During 2022, Eva (a self-employed accountant who also works part-time for a CPA firm) used her car as follows: 12,000 miles (business), 1,400 miles (commuting), and 4,000 miles (personal). In addition, she spent $440 for tolls (business) and $620 for parking (business). If Eva uses the automatic mileage method, what is the amount of her deduction?

168. Susan, a single taxpayer, owns and operates a bakery (as a sole proprietorship). The business is not a

specified services business. In 2022, the business pays $60,000 in W-2 wages, has $150,000 of qualified property, and $200,000 in net income (all of which is qualified business income). Susan also has a part-time job earning wages of $14,000, receives $3,550 of interest income, and will take the standard deduction. What is Susan’s qualified business income deduction?

169. During 2023, Cathy takes five key clients to dinner and incurs the following costs: $320 limousine rental, $920 drinks and dinner, and $200 tips; assume that there were substantive business discussions during dinner. Several days after the function, Cathy mails each client a pen costing $25. In addition, Cathy pays $4 for gift wrapping and mailing each pen. Assuming adequate substantiation and a business justification, what is Cathy’s deduction?

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Chap_11_2023 170. Ben owns and operates a machine repair shop as a sole proprietorship. It generates a profit of about

$150,000 annually. The business pays wages of about $50,000 annually. The building and most of the equipment are leased so there is no qualified property. Ben files as single and claims the standard deduction. He has a large unrealized gain in bitcoin that he acquired in 2017 and is wondering when he should sell it and whether he should sell it all in one year or over a few years. Advise Ben as to how the sale of the bitcoin and its resulting capital gain can affect his QBI deduction in 2022.

171. Ashley (a single taxpayer) is the owner of ABC, LLC. The LLC (a sole proprietorship) reports QBI of

$900,000 and is not a specified services business. ABC paid total W-2 wages of $300,000, and the total unadjusted basis of property held by ABC is $30,000. Ashley’s taxable income before the QBI deduction is $740,000 (this is also her modified taxable income). What is Ashley’s QBI deduction for 2022?

172. Paul is employed as an auditor by a CPA firm. On most days, he commutes by auto from his home to the office. During one month, however, he has an extensive audit assignment closer to home. For this engagement, Paul drives directly from home to the client’s premises and back. Mileage information follows: Home to office Office to audit client Audit client to home

12 miles 15 miles 10 miles

If Paul spends 20 days on the audit and provides an adequate accounting to his employer, what is his reimburseable mileage?

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Chap_11_2023 173. George is employed by Quality Appliance Company. All full-time employees are allowed to purchase appliances at the company’s cost plus 10%. The employees are also given, at no cost, a one-year service contract on all the goods purchased from the company. George purchased a refrigerator for $500. The company’s normal selling price for the refrigerator is $800. George also received a service contract at no charge that had a value of $150. During the year, George was required to have his refrigerator serviced once. The cost of the call would have been $75 if he had not had the service contract. Is George required to recognize any income from the purchase of the refrigerator, the receipt of the service contract, and the service call?

174. Rebecca and Elizabeth are married and will file jointly. Rebecca earns $300,000 from her single-member LLC (a law firm). She reports her business as a sole proprietorship. Wages paid by the law firm amount to $40,000; the law firm has no significant property. Elizabeth is employed as a tax manager by a local CPA firm. Their modified taxable income is $400,100 (this is also their taxable income before the deduction for qualified business income). Determine their QBI deduction for 2022.

175. Jansen, a single taxpayer, owns and operates a restaurant (as a sole proprietorship). The business is not a

specified services business. In 2022, the business pays $125,000 in W-2 wages, has $187,500 of qualified property, and $438,250 in net income (all of which is qualified business income). Jansen has no other items of income or loss and will take the standard deduction. What is Jansen’s qualified business income deduction?

176. What are the relevant factors to be considered in determining whether an activity is profit-seeking or a hobby?

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Chap_11_2023 177. Employers can provide numerous benefits to their employees and the employees are permitted to exclude the value of these benefits from gross income. What are the effects of the exclusions on the following? a. b.

The progressiveness of the tax system. The complexity of the tax system.

178. How does property used in a qualified trade or business factor into the QBI deduction calculation? What

types of property are considered for the QBI deduction?

179. Maria performs services for Jonathan on a regular basis. There exists considerable doubt as to whether Maria is an employee or an independent contractor. a. b.

What can Jonathan do to clarify the matter? Suppose that Jonathan treats Maria as an independent contractor but Maria thinks she is an employee. What is Maria’s recourse, if any?

180. In distinguishing whether an activity is a hobby or a trade or business, discuss the presumptive rule.

181. Ashley and Matthew are married and both are practicing CPAs. On a joint return, Ashley gets to deduct her professional dues but Matthew does not. Explain.

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Chap_11_2023 182. Once set for a year, when might the IRS change the rate for the automatic mileage method?

183. How are combined business/pleasure trips treated for travel within the United States as opposed to foreign travel?

184. In terms of IRS attitude, what do the following expenses have in common? a. b. c.

Cost of a CPA exam review course. Cost of a review course for the bar exam. Cost of a law degree by a taxpayer who does not intend to practice law.

185. Christopher just purchased an automobile for $40,000 on which he plans to claim 100% as being for business use. To take advantage of MACRS and § 179, he plans to use the actual cost method for determining his deduction in the first year. In subsequent years, he will switch to the automatic mileage method. Comment on Christopher’s proposed approach.

186. Describe the limitations on the qualified business income deduction that apply to high income taxpayers.

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Chap_11_2023 187. Isabella is a dental hygienist who works for five different dentists. She spends one day a week (i.e., Monday through Friday) with each. All of the dentists except Dr. Stanki (the Wednesday assignment) treat her as an employee. Dr. Stanki, however, classifies her as being self-employed. Comment on this discrepancy in treatment.

188. If a business retains someone to provide services, that person may either be an employee or be self-employed (i.e., independent contractor). a.

What are the tax advantages to the business of having the service provider classified as self-employed?

What are the advantages and disadvantages to the service provider of self-employed status?

189. Travel status requires that the taxpayer be away from home overnight. a. b.

What does away from home overnight mean? What tax advantages result from being in travel status?

190. Myra’s classification of those who work for her as independent contractors is being questioned by the IRS. It is the position of the IRS that these workers are really employees. What type of factors can Myra utilize to justify her classification?

191. In what situations may individuals be able to take a qualified business income deduction?

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Chap_11_2023 192. Assuming an activity is deemed to be a hobby, discuss the order and limits in which expenses must be deducted.

193. The qualified business income deduction is severely limited for specified services businesses. What is a specified services trade or business?

194. The CEO of Cirtronics Inc., discovered that the company’s competitor had adopted a cafeteria plan for its employees. The CEO is concerned about retaining her talented employees and would like you to provide a brief explanation as to why a cafeteria plan may be attractive to the company’s employees.

195. Nick Lee is a linebacker for the Baltimore Ravens (a professional football club). During the football season he rents an apartment in a Baltimore suburb. The rest of the time he lives with his family in Ann Arbor, MI, and works at a local bank as a vice president in charge of public relations. Can Nick deduct his expenses while away from Ann Arbor? Explain.

196. When is a taxpayer’s work assignment in a new locale temporary? Permanent? What difference does it make?

197. Jacob is a landscape architect who works out of his home. He wonders whether or not he will have nondeductible commuting expenses when he drives to the locations of his clients. Please comment.

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Chap_11_2023 Answer Key 1. True 2. False 3. False 4. True 5. False 6. False 7. False 8. True 9. False 10. False 11. False 12. True 13. False 14. False 15. False 16. False 17. False 18. False 19. True 20. False 21. False 22. True 23. True 24. False 25. True 26. True

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Chap_11_2023 27. True 28. True 29. True 30. False 31. False 32. True 33. False 34. True 35. True 36. True 37. True 38. False 39. True 40. True 41. True 42. False 43. False 44. False 45. False 46. True 47. False 48. False 49. False 50. False 51. False 52. True 53. False 54. True Copyright Cengage Learning. Powered by Cognero.

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Chap_11_2023 55. True 56. False 57. False 58. False 59. True 60. False 61. True 62. False 63. False 64. False 65. True 66. True 67. False 68. True 69. True 70. True 71. False 72. True 73. False 74. True 75. False 76. True 77. False 78. True 79. True 80. False 81. False 82. True Copyright Cengage Learning. Powered by Cognero.

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Chap_11_2023 83. True 84. True 85. a 86. d 87. d 88. d 89. b 90. d 91. b 92. c 93. a 94. b 95. d 96. b 97. d 98. b 99. d 100. d 101. b 102. a 103. a 104. b 105. a 106. d 107. d 108. c 109. b 110. c Copyright Cengage Learning. Powered by Cognero.

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Chap_11_2023 111. b 112. d 113. d 114. d 115. c 116. c 117. a 118. a 119. a 120. d 121. b 122. d 123. b 124. a 125. a 126. d 127. d 128. b 129. d 130. d 131. d 132. a 133. a 134. a 135. a 136. c 137. d

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Chap_11_2023 138. b 139. c 140. b 141. b 142. c 143. d 144. b 145. b 146. c 147. a 148. b 149. a 150. b, c, d 151. a, b, d 152. b 153. a 154. a 155. b 156. a 157. b 158. a 159. a 160. b 161. b 162. $5,682 [(8,800 miles × $0.585, business and education) + (1,800 miles × $0.18, medical) + (1,500 miles × $0.14, charitable)]. 163. $1,002 ($900 + $60 + $42). Because Alfredo was not away from home, his lunch is not deductible.

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Chap_11_2023 164. a. Business income Less: Expenses Net business income before office in the home expenses Less: Real property taxes ($4,500 × 20%) Mortgage interest ($8,000 × 20%) Operating expenses($3,000 × 20%) Depreciation Net income from business

$13,000 (5,000) $ 8,000 (900) (1,600) (600) (1,000) $ 3,900

b. Net business income before office in the home expense (see choice a. above) Office in the home expense Net income from business *Because no more than 300 square feet can be considered, the maximum allowed is $1,500 (300 square feet x $5).

$ 8,000 (1,500) * $ 6,500

165. a. b. c.

$5,000. $5,000. $3,000. (60% × $5,000).

Transportation costs for mixed use (i.e., both business and personal) need not be allocated as long as domestic trips are involved. Such allocation is necessary, however, for foreign trips unless one of two exceptions applies. One exception deals with trips lasting seven days or less and covers choice a. (but not choices b. or c.). The second exception, less than 25% of the time was for personal use, applies to choice b. but not to choice c. Thus, in choice b. no allocation is necessary, whereas, in choice c. the airfare must be allocated. 166. $52 ($27 + $25). The deduction for Mr. Brown’s gift can include nominal costs for gift wrapping and engraving. No deduction is allowed for the gift to Mrs. Brown unless she is in a separate business. Otherwise, she falls under the $25 limit applicable to Mr. Brown. The deduction for Ms. Smith’s gift is limited to $25. No deduction is allowed for Brian’s gift to his boss. 167. $8,080 [(12,000 miles × $0.585) + $440 + $620]. 168. Susan’s taxable income before the QBI deduction is $204,600 (her proprietorship net income of

$200,000 plus her wages of $14,000 and her $3,550 of interest income less her $12,950 standard deduction). Because Susan’s taxable income before the QBI deduction exceeds $170,050, the W-2 Wages/Capital Investment limit must be considered: 1. 20% of QBI ($200,000 x 20%) 2.

$ 40,000

But no more than the greater of:

50% of W-2 wages ($60,000 x 50%), or Copyright Cengage Learning. Powered by Cognero.

$ 30,000 Page 42

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25% of W-2 wages ($60,000 x 25%) plus

2.5% of the unadjusted basis of qualified property ($150,000 x 2.5%)

$ 15,000

3,750

$ 18,750

And, no more than: 3. 20% of modified taxable income ($204,600 x 20%)

$ 40,920

So, initially, Susan’s QBI deduction is limited to $30,000. However, as Susan’s taxable income before the QBI deduction exceeds $170,050, but is less than $220,050 and the W-2 Wages/Capital Investment portion of the computation is the limiting factor, the general 20% QBI amount is used, but reduced as follows: (1)

Determine difference between the general 20% QBI deduction amount and the W-2 Wages/Capital amount.

General 20% QBI deduction amount Less: The W-2 Wages/Capital limit Excess

$40,000 (30,000) $10,000

(2) Determine the Reduction Ratio: Reduction Ratio = $34,550 ($204,600 – $170,050) = 69.1% $50,000

(3)

Determine the reduction in the W-2 Wages/Capital Limit: excess ($10,000) x Reduction Ratio (69.1%) =

$ 6,910 (4) Determine Final QBI Amount:

General 20% QBI deduction amount Less: Reduction in the W-2 Wages/Capital limit Final QBI Amount

$40,000 ( 6,910) $33,090

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169. $1,025 {$320 + [($920 + $200) × 50%]=$880}. Also allowed are the gifts of $145 (5 × $29). The cost of gift wrapping and mailing each pen ($4) can be added to the maximum amount of gift allowed ($25). 170. The capital gain might increase Ben’s taxable income to the point that it could exceed $170,050. At that point, his

QBI deduction will be limited to 50% of the W-2 wages paid ($25,000). If taxable income remains at $170,050 or less, his QBI deduction will be 20% of his income from the repair business ($30,000). Ben might want to sell all of the bitcoin in one year rather than over several years if doing so prevents his taxable income from exceeding $170,050 and thereby imposing a limit on his QBI deduction. 171. As Ashley’s taxable income before the QBI deduction exceeds the $220,050 threshold, the W-2 Wages/Capital

Investment Limit must be considered. Ashley’s QBI deduction is $148,000, computed as follows: 1.

20% of QBI ($900,000 x 20%)

But no more than the greater of:

$180,000

$150,000

50% of W-2 wages ($300,000 x 50%), or 25% of W-2 wages ($300,000 x 25%) plus 2.5% of the unadjusted basis of qualified property ($30,000 x 2.5%)

$ 75,000

750 $ 75,750

And, no more than: 3.

20% of modified taxable income ($740,000 x 20%)

$148,000

172. 400 miles [20 miles (each day) × 20 days]. 173. George will probably be required to recognize $120 income from the service contract. The company can sell the service contract to an employee at a 20% discount and the employee is not required to recognize income. George received a 100% discount; therefore, $120 (80% × $150) must be included in his gross income. However, George can perhaps make a convincing argument that he is merely receiving a no-additional-cost service, and thus would not be required to recognize income. George will not be required to recognize income from the bargain purchase of the refrigerator because he paid more than the employer’s cost. Copyright Cengage Learning. Powered by Cognero.

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Chap_11_2023 174. Normally, Rebecca and Elizabeth would be entitled to a QBI deduction of $60,000 ($300,000 x 20%). But since

their taxable income exceeds the threshold for married taxpayers ($340,100), and Rebecca’s QBI is from a specified services business (a law firm), their QBI deduction is limited to $14,400, computed as follows: (1)

Determine Applicable Percentage:

Applicable % = 100%–$60,000 ($400,100 – $340,100) $100,000 (2) Determine QBI deduction:

= 40%

20% of QBI ($300,000 x 20%)

$60,000

x Applicable percentage

x 40% $24,000

But no more than the greater of:

50% of W-2 wages ($40,000 x 50% x 40%), or

25% of W-2 wages ($40,000 x 25% x 40%) plus

2.5% of the unadjusted basis of qualified property ($-0- x 2.5% x 40%)

$ 8,000

$4,000

-0-

$ 4,000

Because Rebecca and Elizabeth’s modified taxable income exceeds $340,100, but is less than $440,100 and the W-2 Wages/Capital portion of the computation is the limiting factor, the general 20% QBI amount is used, but reduced as follows:

(1)

Determine difference between the general 20% QBI deduction amount and the W-2 Wages/Capital amount.

General 20% QBI deduction amount Less: The W-2 Wages/Capital Investment limit Excess

$ 24,000

( 8,000) $16,000

(2) Determine the Reduction Ratio: Reduction Ratio = $60,000 ($400,100 – $340,100) = 60% $100,000 Copyright Cengage Learning. Powered by Cognero.

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(3)

Determine the reduction in the W-2 Wages/Capital Investment limit: Excess ($16,000) x Reduction Ratio (60%) = $9,600

(4) Determine final QBI amount:

General 20% QBI deduction amount Less: Reduction in the W-2 Wages/Capital limit Final QBI amount

$24,000 ( 9,600) $14,400

175. Jansen’s taxable income before the QBI deduction is $425,300 (his proprietorship net income of $438,250 less the

$12,950 single standard deduction); this is also his modified taxable income. Because Jansen’s taxable income before the QBI deduction exceeds the $214,900 threshold, the W-2 Wages/Capital Investment limit must be considered. Jansen’s QBI deduction is $62,500, computed as follows: 1. 20% of qualified business income ($438,250 x 20%) $ 87,650 2. But no more than the greater of: 50% of W-2 wages ($125,000 x 50%), or 25% of W-2 wages ($125,000 x 25%) plus 2.5% of the unadjusted basis of qualified property ($187,500 x 2.5%)

$ 62,500 $31,250 4,688

$ 35,938

And, no more than:

3. 20% of modified taxable income ($425,300 x 20%)

$ 85,060

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Chap_11_2023 176. The nine relevant factors detailed in Reg. § 1.183-2(b) are as follows: (1) Whether the activity is conducted in a businesslike manner. (2) The expertise of the taxpayers or their advisers. (3) The time and effort expended. (4) The expectation that the assets of the activity will appreciate in value. (5) The previous success of the taxpayer in the conduct of similar activities. (6) The history of income and losses from the activity. (7) The relationship of profits earned to losses incurred. (8) The financial status of the taxpayer. (9) Elements of personal pleasure or recreation in the activity. 177. a.

178. Qualified property is used to determine one of the limitations to the QBI deduction. Specifically, 2.5 percent of

qualified property is added to 25 percent of W-2 wages to determine this limitation. Qualified property includes depreciable tangible property – real or personal – that is used by the QTB during the year and whose “depreciable period” has not ended before the end of the taxable year. As a result, land and intangible assets are not qualified property. Given the broad-based changes to MACRS – allowing taxpayers to expense (via § 179 and/or bonus depreciation) property other than real estate – the depreciable period for qualified property under § 199A is a minimum of 10 years. 179. a.

Jonathan can obtain a ruling from the IRS by filing Form SS–8 (Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding).

Maria should file a Form 8919 (Uncollected Social Security and Medicare Tax on Wages) with the IRS.

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Chap_11_2023 180. The Code provides a rebuttable presumption that an activity is profit-seeking (i.e., a trade or business) rather than a hobby if the activity shows a profit in at least three of any five (two out of seven for horses) prior consecutive years. If this test is met, the activity is presumed to be a trade or business. The burden of proof thus shifts to the IRS to show otherwise. 181. Most likely Ashley is self-employed, whereas Matthew is employed. Thus, Ashley’s expenses are deductions for AGI and Matthew’s are miscellaneous itemized deductions (which are not deductible). 182. Changes in the past have been justified by significant increases or decreases in fuel prices. Such a change places a premium on keeping track of mileage on a monthly basis. 183. The major difference is that transportation charges are fully deductible if the trip is primarily for business and within the United States. If the foreign trip is primarily business, transportation expenses must be allocated between business and personal unless (1) the taxpayer was away from home for seven days or less or (2) if less than 25% of the time was spent on personal pursuits. 184. a.

It is the position of the IRS that the costs associated with becoming a CPA are incurred in order to acquire a basic skill and thus are not deductible as education expenses.

The same reasoning as noted in choice a. above applies to a review course taken to pass the bar exam.

Regardless of a taxpayer’s career goals, the IRS considers a law degree to be the acquisition of a basic skill.

185. First, limitations are imposed on how much depreciation can be claimed over each year of the five-year write-off period. In most cases, such limitations significantly reduce the depreciation normally allowed. Second, the use of MACRS and/or § 179 precludes later converting to the automatic mileage method. Lastly, if Christopher owns just one automobile, 100% business use could be almost impossible to justify since it negates any personal use.

186. The basic application of § 199A becomes considerably more complex once a taxpayer reaches certain taxable income threshold income thresholds – determined without regard to the QBI deduction – are $340,100 (2022) for married taxpayers filing jointly (2022) for single taxpayers in 2022. These amounts will be indexed for inflation annually. Once these thresholds are reached, two independent limitations:

1. First, § 199A imposes a cap on the QBI deduction that is determined by reference to a percentage of the W-2 wages pa

business (i.e., wages paid to its employees) or by references to a smaller percentage of W-2 wages paid and a percentag its depreciable property used to produce QBI. 2. Second, the QBI deduction generally is not available for income earned from certain specified service businesses.

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Chap_11_2023 187. Unless Isabella’s Wednesday duties are significantly different than those in the rest of the week, Dr. Stanki has placed himself in a vulnerable position. In terms of the proper work classification of a service provider, one key consideration is how they are treated by other comparable businesses. In all likelihood, therefore, Dr. Stanki will have a tough time convincing the IRS that Isabella is an independent contractor when four of his colleagues consider her to be an employee. More likely, Dr. Stanki desires to save on payroll taxes and avoid covering Isabella in any fringe benefits offered to other employees. 188. a.

Self-employed persons do not have to be included in various fringe benefits programs (e.g., group-term life insurance, accident and health plans) and retirement plans. Because they are not covered by FICA and FUTA, these payroll costs are avoided.

The advantages are that expenses qualify as deductions for AGI. Consequently, deductibility is not affected by the choice of the standard deduction, and the limitation on miscellaneous itemized deductions is avoided. In terms of disadvantages, being self-employed can lead to other state and local taxes (e.g., license fees, franchise taxes, occupation taxes, gross receipts levy). The most significant, however, is the self-employment tax to which the taxpayer is subject.

“Home” for this purpose is the place of taxpayer’s principal employment. “Overnight” need not be a 24-hour period, but it must be a time duration substantially longer than an ordinary day’s work such as to require rest or sleep.

If travel status exists, many otherwise nondeductible expenses (e.g., meals, lodging, transportation) become deductible.

189.

190. Myra needs to show that she has a reasonable basis for not treating her workers as employees. In this regard, can she prove reliance on any of the following? ∙ Is there judicial precedent, published ruling, or technical advice? ∙ Was there a past IRS audit that resulted in no employment tax assessment? ∙ Is there a long-standing practice of independent contractor status in the same industry? ∙ Has Myra consistently treated these workers as independent contractors? ∙ Has she reported their earnings by filing Form 1099-NEC? 191. The QBI deduction potentially applies to sole proprietors, partners in a partnership, and shareholders in an S corporation.

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Chap_11_2023 192. Amounts deductible under other Code sections without regard to the nature of the activity (e.g., property taxes and mortgage interest) must be deducted first. Amounts deductible under other Code sections had the activity been profit-seeking that do not affect adjusted basis are deducted next. Deductions affecting adjusted basis (e.g., depreciation) are taken next. At any point where the expenses exceed income, the deduction is limited to the remaining income. For tax years from 2018 through 2025 the expenses in the 2nd and 3rd categories are not deductible at all since 2% miscellaneous itemized deductions are not allowed. 193. A specified service trade or business includes those involving:

The performance of services in certain fields, including health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, and brokerage services; Services consisting of investing and investment management, trading or dealing in securities, partnership interests, or commodities; and Any trade or business in which its principal asset is the reputation of one or more of its employees or owners. Architects and engineers are specifically excluded from this definition.

194. Cafeteria plans are beneficial where employees desire different types of benefits. This often occurs when employees are married and their spouses receive some benefits from their employers. For example, if the husband is covered by health insurance provided by his employer, there is no need for the wife’s employer to provide coverage for the husband also. Moreover, some employees may need child care benefits while those without children may prefer cash. The cafeteria plan provides much greater flexibility in planning benefits. 195. Probably not. Although his personal residence is in Ann Arbor, Nick’s tax home is likely to be the Baltimore area. Considering the salaries of professional football players, Nick’s income from the Ravens must heavily outweigh that received from the Ann Arbor bank. Furthermore, his principal activity and the time spent (e.g., conditioning, training, playing) is that of a player, not a banker. 196. Temporary indicates that the assignment’s termination is expected within a reasonably short period of time. In no event can the period of absence exceed one year. If the taxpayer’s assignment is indefinite, and not temporary, their tax home changes and travel status ends. 197. Jacob has no commuting expenses since his tax home is his residence. Thus, his mileage to and from the premises of his clients should be fully deductible.

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Chap_12_2023 Indicate whether the statement is true or false. 1. A city contributes $500,000 to a corporation as an inducement to locate in the city. Within the next 12 months, the corporation uses the money to purchase property worth $500,000. The corporation has income of $500,000 and must reduce its tax basis in the property by the same amount. a. True b. False 2. Schedule M-1 is used to reconcile net income as computed for financial accounting purposes with taxable income reported on the corporation’s income tax return. a. True b. False 3. A corporation with $5,000,000 or more in assets must file Schedule M-3 (instead of Schedule M-1). a. True b. False 4. Matt, the sole shareholder of Pastel Corporation (a C corporation), has the corporation pay him a salary of $600,000 in the current year. The Tax Court has held that $200,000 represents unreasonable compensation. Matt must report a salary of $400,000 and a dividend of $200,000 on his individual tax return. a. True b. False 5. Katherine, the sole shareholder of Penguin Corporation, has the corporation pay her a salary of $300,000 in the current year. The Tax Court has held that $90,000 represents unreasonable compensation. Katherine has avoided double taxation only to the extent of $210,000 (the portion of the salary that is considered reasonable compensation). a. True b. False 6. Ruth transfers property worth $200,000 (basis of $60,000) to Goldfinch Corporation. In return, she receives 80% of its stock (worth $180,000) and a long-term note executed by Goldfinch and made payable to Ruth (worth $20,000). Ruth will recognize no gain on the transfer. a. True b. False 7. The corporate marginal income tax rate is lower than the top individual tax rate. a. True b. False 8. The limitation on the deduction of business interest does not apply to noncorporate taxpayers. a. True b. False 9. Similar to like-kind exchanges, the receipt of “boot” under § 351 can cause loss to be recognized. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 10. In the current year, Azul Corporation, a calendar year C corporation, received a dividend of $30,000 from Naranja Corporation. Azul owns 25% of the Naranja Corporation stock. Assuming it is not subject to the taxable income limitation, Azul’s dividends received deduction is $19,500. a. True b. False 11. Jake, the sole shareholder of Peach Corporation (a C corporation) has the corporation pay him $100,000. For income tax purposes, Jake would prefer to have the payment treated as a dividend instead of salary. a. True b. False 12. Gabriella and Maria form Luster Corporation with each receiving 50 shares of its stock. Gabriella transfers cash of $50,000, while Maria transfers a proprietary formula (basis of $0; fair market value of $50,000). Neither Gabriella nor Maria will recognize gain on the transfer. a. True b. False 13. If a shareholder owns stock received as a gift from her mother, it cannot be § 1244 or § 1202 stock. a. True b. False 14. Schedule M-2 is used to reconcile unappropriated retained earnings at the beginning of the year with unappropriated retained earnings at the end of the year. a. True b. False 15. A C corporation with taxable income of $100,000 in the current year will have a tax liability of $22,250. a. True b. False 16. Income that is included in net income per books but not included in taxable income is a subtraction item on Schedule M-1. a. True b. False 17. Sofia forms Lark Corporation with a transfer of appreciated property in exchange for all of its shares. Shortly thereafter, she transfers half her shares to her son, Ted. The later transfer to Ted could cause the original transfer to be taxable. a. True b. False

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Chap_12_2023 18. The control requirement under § 351 requires that the person or persons transferring property to the corporation immediately after the transfer own stock possessing at least 80% of the total combined voting power of all classes of stock entitled to vote and at least 80% of the total number of shares of all other classes of stock of the corporation. a. True b. False 19. In a § 351 transfer, a shareholder receives boot of $10,000 but ends up with a realized loss of $3,000. Only $7,000 of the boot will be taxed to the shareholder. a. True b. False 20. When depreciable property is transferred to a controlled corporation under § 351, any recapture potential disappears and does not carry over to the corporation. a. True b. False 21. Schedule M-3 is similar to Schedule M-1 in that the form is designed to reconcile net income per books with taxable income. However, an objective of Schedule M-3 is more transparency between financial statements and tax returns than that provided by Schedule M-1. a. True b. False 22. An expense that is deducted in computing net income per books but not deductible in computing taxable income is a subtraction item on Schedule M-1. a. True b. False 23. In a § 351 transaction, if a transferor receives consideration other than stock, the transaction can be taxable. a. True b. False 24. In determining whether § 357(c) applies, assess whether the liabilities involved exceed the bases of all assets a shareholder transfers to the corporation. a. True b. False 25. A calendar year C corporation can receive an automatic 9-month extension to file its corporate return (Form 1120) by timely filing a Form 7004 for the tax year. a. True b. False 26. A shareholder’s holding period for stock received under § 351 can include the holding period of the property transferred to the corporation. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 27. Under the Check-the-box Regulations, a two-owner LLC that fails to elect to be to treated as a corporation will be taxed as a sole proprietorship. a. True b. False 28. When consideration is transferred to a corporation in return for stock, the definition of “property” is important because tax deferral treatment of § 351 is available only to taxpayers who transfer property. a. True b. False 29. In general, all corporations that maintain inventory for sale to customers are required to use the accrual method of accounting for determining sales and cost of goods sold. a. True b. False 30. A shareholder transfers a capital asset to Red Corporation for its stock. If the transfer qualifies under § 351, Red’s holding period for the asset begins on the day of the exchange. a. True b. False 31. For § 351 purposes, stock rights and stock warrants are included in the definition of “stock.” a. True b. False 32. Hornbill Corporation, a cash basis and calendar year C corporation, was formed and began operations on May 1, 2022. Hornbill incurred the following expenses during its first year of operations (May 1 – December 31, 2022): temporary directors meeting expenses of $10,500, state of incorporation fee of $5,000, stock certificate printing expenses of $1,200, and legal fees for drafting corporate charter and bylaws of $7,500. Wanting to deduct as much as possible in the current year, Hornbill Corporation’s 2022 deduction for organizational expenditures is $5,800. a. True b. False 33. A corporation must file a Federal income tax return even if it has no taxable income for the year. a. True b. False 34. A calendar year personal service corporation with taxable income of $100,000 in the current year will have a tax liability of $21,000. a. True b. False 35. For purposes of the estimated tax payment rules, a “large corporation” is defined as a corporation that had taxable income of $1,000,000 or more in any of the three preceding years. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 36. The use of § 351 is not limited to the initial formation of a corporation, and it can apply to later transfers as well. a. True b. False 37. A shareholder contributes land to his wholly owned corporation but receives no stock in return. The corporation has a zero basis in the land. a. True b. False 38. A taxpayer may never recognize a loss on the transfer of property in a transaction subject to § 351. a. True b. False 39. Because services are not considered property under § 351, a taxpayer must report as income the fair market value of stock received for such services. a. True b. False 40. In general, the basis of property to a corporation in a transfer that qualifies as a nontaxable exchange under § 351 is the basis in the hands of the transferor shareholder decreased by the amount of any gain recognized on the transfer. a. True b. False 41. The receipt of nonqualified preferred stock in exchange for the transfer of appreciated property to a controlled corporation results in recognition of gain to the transferor. a. True b. False 42. Lilac Corporation incurred $4,700 of legal and accounting fees associated with its incorporation. The $4,700 is deductible as startup expenditures on Lilac’s tax return for the year in which it begins business. a. True b. False 43. Amy owns 20% of the stock of Wren Corporation, which she acquired several years ago at a cost of $10,000. Amy is vice president of Wren and earns a salary of $80,000 annually. Last year, Wren Corporation was experiencing financial problems, and Amy loaned the corporation $25,000. In the current year, Wren becomes bankrupt, and both her stock investment and the loan become worthless. Amy has a nonbusiness bad debt deduction this year of $25,000. a. True b. False 44. One month after Sally incorporates her sole proprietorship, she gives 25% of the stock to her children. Section 351 cannot apply to Sally because she has not satisfied the 80% control requirement. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 45. If a corporation is thinly capitalized, all debt is reclassified as equity. a. True b. False 46. Because of the taxable income limitation, no dividends received deduction is allowed if a corporation has an NOL for the current taxable year. a. True b. False 47. A person who performs services for a corporation in exchange for stock cannot be treated as a member of the transferring group even if that person also transfers some property to the corporation. a. True b. False 48. Ira, a calendar year taxpayer, purchases as an investment stock in Redbird Corporation on November 3, 2021. On February 2, 2022, Redbird Corporation is declared bankrupt, and Ira’s stock becomes worthless. Presuming § 1244 (stock in a small business corporation) does not apply, Ira has a short-term capital loss for 2022. a. True b. False 49. Similar to the like-kind exchange provision, § 351 can be partly justified under the wherewithal to pay concept. a. True b. False 50. Carol and Candace are equal partners in Peach Partnership. In the current year, Peach had a net profit of $75,000 ($250,000 gross income – $175,000 operating expenses) and distributed $25,000 to each partner. Peach must pay tax on $75,000 of income. a. True b. False 51. Yuna, a real estate dealer, and others form Eagle Corporation under § 351. Yuna contributes inventory (land held for resale) in return for Eagle stock. The holding period for the stock includes the holding period of the inventory. a. True b. False 52. To encourage the development of an industrial park, a county donates land to Ecru Corporation. The donation results in gross income to Ecru. a. True b. False 53. A transferor who receives stock for both property and services may not be included in the control group in determining whether an exchange meets the requirements of § 351. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 54. Canary Corporation, a calendar year C corporation, received an $80,000 dividend from Stork Corporation. Canary owns 18% of the Stork Corporation stock. Assuming it is not subject to the taxable income limitation, Canary’s dividends received deduction is $40,000. a. True b. False 55. Carl and Ben form Eagle Corporation. Carl transfers cash of $50,000 for 50 shares of stock of Eagle. Ben transfers proprietary information with a tax basis of zero and a fair market value of $50,000 for the remaining 50 shares in Eagle. Carl will have a tax basis of $50,000 in his stock in Eagle Corporation and Ben’s basis in his stock will be zero. a. True b. False 56. When a taxpayer transfers property subject to a mortgage to a controlled corporation in an exchange qualifying under § 351, the transferor shareholder’s basis in stock received in the transferee corporation is increased by the amount of the mortgage on the property. a. True b. False 57. In order to retain the services of Eve, a key employee in Ted’s sole proprietorship, Ted contracts with Eve to make her a 30% owner. Ted incorporates the business, receiving in return 100% of the stock. Three days later, Ted transfers 30% of the stock to Eve. Under these circumstances, § 351 will apply to the incorporation of Ted’s business. a. True b. False 58. Rajib is the sole shareholder of Cardinal Corporation, a calendar year S corporation. In the current year, Cardinal generated a net profit of $350,000 ($520,000 gross income – $170,000 operating expenses) and distributed $80,000 to Rajib. Rajib must report the Cardinal Corporation profit of $350,000 on his Federal income tax return. a. True b. False 59. Double taxation of corporate income results because dividend distributions are included in a shareholder’s gross income and are not deductible by the corporation. a. True b. False 60. Allen transfers marketable securities with an adjusted basis of $120,000, fair market value of $300,000, for 85% of the stock of Heron Corporation. In addition, he receives cash of $40,000. Allen recognizes a capital gain of $40,000 on the transfer. a. True b. False

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Chap_12_2023 61. Silver Corporation receives $1 million in cash from Madison County as an inducement to expand its operations there. Within one year, Silver spends $1.5 million to enlarge its existing plant. Silver Corporation’s basis in the expansion is $500,000. a. True b. False 62. To ease a liquidity problem, all of the shareholders of Osprey Corporation contribute additional cash to its capital. Osprey has no tax consequences from the contribution. a. True b. False 63. Alan, an Owl Corporation shareholder, makes a contribution to capital of equipment to Owl, basis of $40,000 and fair market value of $50,000. Owl’s basis of the equipment that Alan contributes is equal to $50,000, the property’s fair market value. a. True b. False 64. The transfer of an installment obligation in a transaction qualifying under § 351 is a disposition of the obligation that causes gain to be recognized by the transferor. a. True b. False 65. When incorporating her sole proprietorship, Samantha transfers all of its assets and liabilities. Included in the $30,000 of liabilities assumed by the corporation is $500 that relates to a personal expenditure. Under these circumstances, the entire $30,000 will be treated as boot. a. True b. False 66. When a taxpayer incorporates her business, she transfers several liabilities to the corporation. If one of the liabilities is personal in origin, the release of only that liability is treated as boot. a. True b. False 67. To help avoid the thin capitalization problem, it is advisable to make the repayment of the debt contingent upon the corporation’s earnings. a. True b. False 68. A corporation’s holding period for property received under § 351 includes the holding period of the transferor shareholder. a. True b. False 69. No dividends received deduction is allowed unless the corporation has held the stock for more than 90 days. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 70. Tina incorporates her sole proprietorship with assets having a fair market value of $100,000 and an adjusted basis of $110,000. Even though § 351 applies, Tina may recognize her realized loss of $10,000. a. True b. False 71. A long-term note is treated as “boot.” Thus, Eve is taxed on the value of the note received. a. True b. False 72. Quail Corporation is a C corporation that generates net income of $125,000 during the current year. If Quail paid dividends of $25,000 to its shareholders, the corporation must pay tax on $100,000 of net income. Shareholders must report the $25,000 of dividends as income. a. True b. False 73. On December 31, 2022, Flamingo, Inc., a calendar year, accrual method C corporation, accrues a bonus of $50,000 to its president (a cash basis taxpayer) who owns 75% of the corporation’s outstanding stock. The $50,000 bonus is paid to the president on February 4, 2023. For Flamingo’s 2022 Form 1120, the $50,000 bonus will be a subtraction item on Schedule M-1. a. True b. False 74. Because boot is generated under § 357(b) (i.e., the liability is not supported by a bona fide business purpose), the transferor shareholder will always have to recognize gain. a. True b. False 75. Eagle Company, a partnership, had a short-term capital loss of $10,000 during the current year. Aaron, who owns 25% of Eagle, will report $2,500 of Eagle’s short-term capital loss on his individual tax return. a. True b. False 76. Katherine, the sole shareholder of Penguin Corporation, has the corporation pay her a salary of $300,000 in the current year. The Tax Court has held that $90,000 represents unreasonable compensation. Katherine has avoided double taxation only to the extent of $210,000 (the portion of the salary that is considered reasonable compensation). a. True b. False 77. In return for legal services worth $60,000 rendered incident to its formation, Crimson Corporation issues stock to Greta, an attorney. Crimson cannot immediately deduct the value of any of this stock but instead must capitalize it as an organizational expenditure. a. True b. False

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Chap_12_2023 78. If both §§ 357(b) and (c) apply to the same transfer (i.e., the liability is not supported by a bona fide business purpose and also exceeds the basis of the properties transferred), § 357(c) predominates. a. True b. False 79. If a transaction qualifies under § 351, any recognized gain is equal to the value of the boot received. a. True b. False 80. Donald owns a 45% interest in a partnership that earned $130,000 in the current year. He also owns 45% of the stock in a C corporation that earned $130,000 during the year. Donald received $20,000 in distributions from each of the two entities during the year. With respect to this information, Donald must report $78,500 of income on his individual income tax return for the year. a. True b. False 81. Employment taxes apply to all entity forms of operating a business. As a result, employment taxes are a neutral factor in selecting the most tax effective form of operating a business. a. True b. False 82. Tomas owns a sole proprietorship, and Lucy is the sole shareholder of a C corporation. In the current year, both businesses make a net profit of $60,000. Neither business distributes any funds to the owners in the year. For the current year, Tomas must report $60,000 of income on his individual tax return, but Lucy is not required to report any income from the corporation on her individual tax return. a. True b. False 83. A taxpayer transfers assets and liabilities to a corporation in return for its stock. If the liabilities exceed the basis of the assets transferred, the taxpayer will have a negative basis in the stock. a. True b. False 84. In structuring the capitalization of a corporation, the tax law is neutral for the investor as to debt versus equity financing. a. True b. False 85. Basis of appreciated property transferred minus boot received (including liabilities transferred) plus gain recognized equals basis of stock received in a § 351 transfer. a. True b. False

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Chap_12_2023 86. Thrush Corporation files its Form 1120, which reports taxable income of $200,000 in the current year. The corporation’s tax is $42,000. a. True b. False 87. Under Federal tax law, a bias for corporate issuers exists in favor of debt as compared to equity when financing the operations of a corporation. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 88. Nancy Smith is the sole shareholder and employee of White Corporation, a calendar year C corporation that is engaged exclusively in accounting services. During the current year, White has operating income of $320,000 and operating expenses (excluding salary) of $150,000. Further, White Corporation pays Nancy a salary of $100,000. The salary is reasonable in amount and Nancy is in the 32% marginal tax bracket regardless of any income from White. Assuming that White Corporation distributes all after-tax income as dividends, how much total combined income tax do White and Nancy pay in the current year? (Ignore any employment tax considerations.) a. $40,295 b. $54,995 c. $63,325 d. $64,396 89. Mary transfers a building (adjusted basis of $15,000 and fair market value of $90,000) to White Corporation. In return, Mary receives 80% of White Corporation’s stock (worth $65,000) and an automobile (fair market value of $5,000). In addition, there is an outstanding mortgage of $20,000 (taken out 15 years ago) on the building, which White Corporation assumes. With respect to this transaction: a. Mary’s recognized gain is $10,000. b. Mary’s recognized gain is $5,000. c. Mary has no recognized gain. d. White Corporation’s basis in the building is $15,000. 90. In the current year, Crimson, Inc., a calendar C corporation, has income from operations of $180,000 and operating deductions of $225,000. Crimson also had $30,000 of dividends from a 15% stock ownership in a domestic corporation. Which of the following statements is correct with respect to Crimson for the current year? a. Crimson’s NOL is $15,000. b. A dividends received deduction is not allowed in computing Crimson’s NOL. c. The NOL is carried back 3 years and forward 10 years by Crimson. d. Crimson’s dividends received deduction is $15,000.

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Chap_12_2023 91. Luis is the sole shareholder of a regular C corporation, and Eduardo owns a proprietorship. In the current year, both businesses make a profit of $80,000, and each owner withdraws $50,000 from his business. With respect to this information, which of the following statements is incorrect? a. Eduardo must report $80,000 of income on his return. b. Luis must report $80,000 of income on his return. c. Eduardo’s proprietorship is not required to pay income tax on $80,000. d. Luis’s corporation must pay income tax on $80,000. 92. In 2022, Sam and Betty, each single, both generate sole proprietor income of $240,000. Sam’s income is generated from a wholesale business whereas Betty’s is earned from her law practice. Neither has any employees or qualified assets. Both claim the standard deduction and have other income equal to the standard deduction amount. a. Both Sam and Betty will have a QBI deduction of $48,000. b. Sam can obtain a QBI deduction, but Betty cannot because of the taxable income level and law practice is a specified service business. c. Neither Sam nor Betty will generate a QBI deduction due to their taxable income levels. d. None of these. 93. Blue Corporation (a seller of goods to Cedar Corporation) has made loans to Cedar Corporation, which become worthless in the current year. a. Blue Corporation cannot claim a deduction for the worthless loans. b. The loans provide a nonbusiness bad debt deduction to Blue Corporation. c. The loans provide Blue Corporation with a business bad debt deduction. d. Blue must recognize income. 94. Gabriella and Juanita form Luster Corporation. Gabriella transfers cash of $50,000 for 50 shares of stock, and Juanita transfers information concerning a proprietary process (basis of zero and fair market value of $50,000) for 50 shares of stock. a. The transfers to Luster are fully taxable to both Gabriella and Juanita. b. Juanita must recognize gain of $50,000. c. Because Juanita is required to recognize gain on the transfer, Gabriella also must recognize gain. d. Neither Gabriella nor Juanita will recognize gain on the transfer. 95. Lindsay and Malcolm form Yellow Corporation. Lindsay transfers equipment worth $950,000 (basis of $200,000) and cash of $50,000 to Yellow Corporation for 50% of its stock. Malcolm transfers a building and land worth $1,050,000 (basis of $400,000) for 50% of Yellow’s stock and $50,000 in cash. a. Lindsay recognizes no gain; Malcolm recognizes gain of $50,000. b. Lindsay recognizes a gain of $50,000; Malcolm has no gain. c. Neither Lindsay nor Malcolm recognizes gain. d. Lindsay recognizes a gain of $750,000; Malcolm recognizes gain of $650,000.

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Chap_12_2023 96. Mitchell and Powell form Green Corporation. Mitchell transfers property (basis of $105,000 and fair market value of $90,000) while Powell transfers land (basis of $8,000 and fair market value of $75,000) and $15,000 of cash. Each receives 50% of Green Corporation’s stock (total value of $180,000). As a result of these transfers: a. Mitchell has a recognized loss of $15,000, and Powell has a recognized gain of $67,000. b. Neither Mitchell nor Powell has any recognized gain or loss. c. Mitchell has no recognized loss, but Powell has a recognized gain of $15,000. d. Green Corporation will have a basis in the land of $23,000. 97. During the current year, Sparrow Corporation, a calendar year C corporation, had operating income of $425,000, operating expenses of $280,000, a short-term capital loss of $10,000, and a long-term capital gain of $25,000. How much is Sparrow’s income tax liability for the year? a. $32,700 b. $33,600 c. $45,650 d. $62,400 98. Eagle Corporation, a calendar year C corporation, owns stock in Hawk Corporation and has taxable income of $100,000 for the year before considering the dividends received deduction. In the current year, Hawk Corporation pays Eagle a dividend of $130,000, which was considered in calculating the $100,000. What amount of dividends received deduction may Eagle claim if it owns 15% of Hawk’s stock? a. $0 b. $50,000 c. $65,000 d. $84,500 99. Carl transfers land to Cardinal Corporation for 90% of the stock in Cardinal Corporation worth $20,000 plus a note payable to Carl in the amount of $40,000 and the assumption by Cardinal Corporation of a mortgage on the land in the amount of $100,000. The land, which has a basis to Carl of $70,000, is worth $160,000. a. Carl will have a recognized gain on the transfer of $90,000. b. Carl will have a recognized gain on the transfer of $70,000. c. Cardinal Corporation will have a basis of $70,000 in the land transferred by Carl. d. Cardinal Corporation will have a basis of $160,000 in the land transferred by Carl. 100. Danielle, a sole proprietor, was engaged in a service business and reported her income on a cash basis. Later, she incorporates her business and transfers the assets of the business to the corporation in return for all the stock in the corporation plus the corporation’s assumption of the liabilities of her proprietorship. All the receivables and the unpaid trade payables are transferred to the newly formed corporation. The assets of the proprietorship had a basis of $105,000 and fair market value of $300,000. The trade accounts payable totaled $25,000. There was a note payable to the bank in the amount of $95,000 that the corporation assumes. The note was issued for the purchase of computers and other business equipment. a. Danielle has a gain on the transfer of $15,000. b. The basis of the assets to the corporation is $300,000. c. Danielle has a basis of $10,000 in the stock she receives. d. Danielle has a zero basis in the stock she receives. Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 101. Albert transfers land (basis of $140,000 and fair market value of $320,000) to Gold Corporation for 80% of its stock and a note payable in the amount of $80,000. Gold assumes Albert’s mortgage on the land of $200,000. a. Albert has a recognized gain on the transfer of $140,000. b. Albert has a recognized gain on the transfer of $80,000. c. Albert has a recognized gain on the transfer of $60,000. d. Gold Corporation has a basis in the land of $220,000. 102. In the current year, Red Corporation (a calendar year C corporation), which owns stock in Blue Corporation, had net operating income of $200,000 for the year. Blue pays Red a dividend of $40,000. Red takes a dividends received deduction of $20,000. Which of the following statements is correct? a. Red owns 80% of Blue Corporation. b. Red owns 20% or more, but less than 80% of Blue Corporation. c. Red owns 80% or more of Blue Corporation. d. Red owns less than 20% of Blue Corporation. 103. Leah transfers equipment (basis of $400,000 and fair market value of $500,000) for additional stock in Crow Corporation. After the transfer, Leah owns 80% of Crow’s stock. Associated with the equipment is § 1245 depreciation recapture potential of $70,000. As a result of the transfer: a. Leah recognizes ordinary income of $70,000. b. The § 1245 depreciation recapture potential carries over to Crow Corporation. c. The § 1245 depreciation recapture potential disappears. d. Leah recognizes ordinary income of $70,000 and § 1231 gain of $30,000. 104. George transfers cash of $150,000 to Finch Corporation, a newly formed corporation, for 100% of the stock in Finch worth $80,000 and debt in the amount of $70,000, payable in equal annual installments of $7,000 plus interest at the rate of 9% per annum. In the first year of operation, Finch has net taxable income of $40,000. If Finch pays George interest of $6,300 and $7,000 principal payment on the note: a. George has dividend income of $13,300. b. Finch Corporation does not have a tax deduction with respect to the payment. c. George has dividend income of $7,000. d. Finch Corporation has an interest expense deduction of $6,300. 105. Luis is the sole shareholder of a regular C corporation, and Eduardo owns a proprietorship. In the current year, both businesses make a profit of $80,000 and each owner withdraws $50,000 from his business. With respect to this information, which of the following statements is incorrect? a. Eduardo must report $80,000 of income on his return. b. Luis must report $80,000 of income on his return. c. Eduardo’s proprietorship is not required to pay income tax on $80,000. d. Luis’s corporation must pay income tax on $80,000.

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Chap_12_2023 106. Joe and Kay form Gull Corporation. Joe transfers cash of $250,000 for 200 shares in Gull Corporation. Kay transfers property with a basis of $50,000 and fair market value of $240,000. She agrees to accept 200 shares in Gull Corporation for the property and for providing bookkeeping services to the corporation in its first year of operation. The value of Kay’s services is $10,000. With respect to the transfer: a. Gull Corporation has a basis of $240,000 in the property transferred by Kay. b. Neither Joe nor Kay recognizes gain or income on the exchanges. c. Gull Corporation has a compensation deduction of $10,000. d. Gull capitalizes $10,000 as organizational costs. 107. Which of the following statements is incorrect regarding the dividends received deduction? a. A corporation must hold stock for more than 90 days in order to qualify for a deduction with respect to dividends on such stock. b. The taxable income limitation does not apply with respect to the 100% deduction available to members of an affiliated group. c. If a stock purchase is financed 75% by debt, the deduction for dividends on such stock is reduced by 75%. d. The taxable income limitation does not apply if the normal deduction (i.e., 50% or 65% of dividends) results in a net operating loss for the corporation. 108. Kirby and Helen form Red Corporation. Kirby transfers property, basis of $20,000 and value of $300,000, for 100 shares in Red Corporation. Helen transfers property, basis of $40,000 and value of $280,000, and provides legal services in organizing the corporation. The value of her services is $20,000. In return Helen receives 100 shares in Red Corporation. Regarding these transfers: a. Kirby will recognize gain. b. Helen will not recognize any gain or income. c. Red Corporation will have a basis of $280,000 in the property it acquired from Helen. d. Red must capitalize Helen's services. 109. Sarah and Tony (mother and son) form Dove Corporation with the following investments: cash by Sarah of $65,000; land by Tony (basis of $25,000 and fair market value of $35,000). Dove Corporation issues 400 shares of stock, 200 each to Sarah and Tony. Thus, each receives stock in Dove worth $50,000. a. Section 351 cannot apply since Sarah should have received 260 shares instead of only 200. b. Section 351 may apply because stock need not be issued to Sarah and Tony in proportion to the value of the property transferred. c. Tony’s basis in the stock of Dove Corporation is $50,000. d. As a result of the transfer, Tony recognizes a gain of $10,000.

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Chap_12_2023 110. Rick transferred the following assets and liabilities to Warbler Corporation.

Building Equipment Trucks Mortgage (held for four years) on building

Adjusted Basis

Fair Market Value

$210,000 45,000 15,000 30,000

$225,000 75,000 30,000 30,000

In return, Rick received $75,000 in cash plus 90% of Warbler Corporation’s only class of stock outstanding (fair market value of $225,000). a. Rick has a recognized gain of $60,000. b. Rick has a recognized gain of $75,000. c. Rick’s basis in the stock of Warbler Corporation is $270,000. d. Warbler Corporation has the same basis in the assets received as Rick does in the stock. 111. Orange Corporation, a calendar year C corporation, owns stock in White Corporation and has net operating income of $400,000 for the current year. White Corporation pays Orange a dividend of $60,000. What amount of dividends received deduction may Orange claim if it owns 45% of White stock (assuming Orange’s dividends received deduction is not limited by its taxable income)? a. $30,000 b. $39,000 c. $42,000 d. $60,000 112. Rachel owns 100% of the stock of Cardinal Corporation. In the current year Rachel transfers an installment obligation, tax basis of $180,000 and fair market value of $350,000, for additional stock in Cardinal worth $350,000. a. Rachel has a taxable gain of $180,000. b. Rachel has a taxable gain of $170,000. c. Rachel recognizes no gain on the transfer. d. Rachel has a basis of $350,000 in the additional stock she received in Cardinal Corporation. 113. Hunter and Warren form Tan Corporation. Hunter transfers equipment (basis of $210,000 and fair market value of $180,000) while Warren transfers land (basis of $15,000 and fair market value of $150,000) and $30,000 of cash. Each receives 50% of Tan’s stock. As a result of these transfers: a. Hunter has a recognized loss of $30,000, and Warren has a recognized gain of $135,000. b. Neither Hunter nor Warren has any recognized gain or loss. c. Hunter has no recognized loss, but Warren has a recognized gain of $30,000. d. Tan Corporation will have a basis in the land of $45,000.

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Chap_12_2023 114. Three individuals form Skylark Corporation with the following contributions: Cliff, cash of $50,000 for 50 shares; Brad, land worth $20,000 (basis of $11,000) for 20 shares; and Ron, cattle worth $9,000 (basis of $6,000) for 9 shares and services worth $21,000 for 21 shares. a. These transfers are fully taxable and not subject to § 351. b. Ron’s basis in his stock is $27,000. c. Ron’s basis in his stock is $6,000. d. Brad’s basis in his stock is $20,000. 115. Seoyun and Nicole form Indigo Corporation with the following transfers: inventory from Seoyun (basis of $360,000 and fair market value of $400,000) and improved real estate from Nicole (basis of $320,000 and fair market value of $375,000). Nicole, an accountant, agrees to contribute her services (worth $25,000) in organizing Indigo. The corporation’s stock is distributed equally to Seoyun and Nicole. As a result of these transfers: a. Indigo can deduct $25,000 as a business expense. b. Nicole has a recognized gain of $55,000 on the transfer of the real estate. c. Indigo has a basis of $360,000 in the inventory. d. Indigo has a basis of $375,000 in the real estate. 116. Which of the following statements is correct regarding the taxation of C corporations? a. Schedule M-1 is used to reconcile net income computed for financial accounting purposes with taxable income reported on the corporation’s tax return. b. The corporate tax return is filed on Form 1120S. c. Corporations can receive an automatic extension of nine months for filing the corporate return by filing Form 7004 by the due date for the return. d. A corporation with total assets of $7,500,000 or more is required to file Schedule M-3. 117. Four individuals form Chickadee Corporation under § 351. Two of these individuals, Shanice and Walt, made the following contributions:

Adjusted Basis

Fair Market Value

From Shanice— Cash Patent

$360,000 –0–

$360,000 40,000

From Walt— Equipment (depreciation claimed of $100,000)

240,000

370,000

Both Shanice and Walt receive stock in Chickadee Corporation equal to the value of their investments. a. Shanice must recognize income of $40,000; Walt has no income. b. Neither Shanice nor Walt recognize income. c. Walt must recognize income of $130,000; Shanice has no income. d. Walt must recognize income of $100,000; Shanice has no income.

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Chap_12_2023 118. Schedule M-1 of Form 1120 is used to reconcile financial net income with taxable income reported on the corporation’s income tax return as follows: net income per books + additions – subtractions = taxable income. Which of the following items is an addition on Schedule M-1? a. Tax depreciation in excess of book depreciation. b. Proceeds of life insurance paid on death of key employee. c. Excess of capital losses over capital gains. d. Tax-exempt interest. 119. Eve transfers property (basis of $120,000 and fair market value of $400,000) to Green Corporation for 80% of its stock (worth $350,000) and a long-term note (worth $50,000) executed by Green Corporation and made payable to Eve. As a result of the transfer: a. Eve recognizes no gain. b. Eve recognizes a gain of $230,000. c. Eve recognizes a gain of $280,000. d. Eve recognizes a gain of $50,000. 120. Donghai transferred the following assets to Starling Corporation.

Cash Machinery Land

Adjusted Basis $120,000 48,000 108,000

Fair Market Value $120,000 36,000 144,000

In exchange, Donghai received 50% of Starling Corporation’s only class of stock outstanding. The stock has no established value. However, all parties believe that the value of the stock Donghai received is the equivalent of the value of the assets she transferred. The only other shareholder, Rick, formed Starling Corporation five years ago. a. Donghai has no gain or loss on the transfer. b. Starling Corporation has a basis of $48,000 in the machinery and $108,000 in the land. c. Starling Corporation has a basis of $36,000 in the machinery and $144,000 in the land. d. Donghai has a basis of $276,000 in the stock of Starling Corporation. 121. In working with Schedule M-2 (analysis of unappropriated retained earnings per books) of Form 1120, which of the following is an addition to beginning retained earnings? a. Cash dividends. b. Net loss per books. c. Property dividends. d. Net income per books.

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Chap_12_2023 122. Eileen transfers property worth $200,000 (basis of $190,000) to Goldfinch Corporation. In return, she receives 80% of the stock in Goldfinch Corporation (fair market value of $180,000) and a long-term note (fair market value of $20,000) executed by Goldfinch and made payable to Eileen. Eileen recognizes gain on the transfer of: a. $0. b. $10,000. c. $20,000. d. $190,000. 123. George (an 80% shareholder) has made loans to Mountainview Corporation that become worthless in the current year. George is not employed by Mountainview. a. George is not permitted a deduction for the worthless loans. b. The loans provide a nonbusiness bad debt deduction to George in the current year. c. The loans provide George with a business bad debt deduction. d. George may claim an ordinary loss as to the worthless loans. 124. In the current year, Tern, Inc., a calendar year C corporation, has $9,000,000 of adjusted taxable income, $300,000 of business interest income, zero floor plan financing interest, and $3,200,000 million of business interest expense. Tern has average gross receipts for the prior three-year period of $45,000,000. Which of the following statements is correct about the treatment of Tern's business interest expense? a. Current year deduction of $3,200,000. b. Current year deduction of $2,790,000, carryforward of $410,000. c. Current year deduction of $2,790,000, carryback of $410,000. d. Current year deduction of $3,000,000, carryforward of $200,000. 125. During the current year, Jay Corporation, a calendar year personal service C corporation, had operating income of $300,000, operating expenses of $200,000, a short-term capital gain of $5,000, and a long-term capital loss of $35,000. How much is Jay’s income tax liability for the year? a. $14,700. b. $21,000. c. $22,250. d. $35,000. 126. Earl and Mary form Crow Corporation. Earl transfers property, basis of $200,000 and value of $1,600,000, for 50 shares in Crow Corporation. Mary transfers property, basis of $80,000 and value of $1,480,000, and agrees to serve as manager of Crow for one year; in return Mary receives 50 shares of Crow. The value of Mary’s services is $120,000. With respect to the transfers: a. Mary will not recognize gain or income. b. Earl will recognize a gain of $1,400,000. c. Crow Corporation has a basis of $1,480,000 in the property it received from Mary. d. Crow will have a business deduction of $120,000 for the value of the services Mary will render.

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Chap_12_2023 127. Wren Corporation (a minority shareholder in Lark Corporation) has made loans to Lark Corporation that become worthless in the current year. a. Wren Corporation is not permitted a deduction for the loans. b. The loans result in a nonbusiness bad debt deduction to Wren Corporation. c. The loans provide Wren Corporation with a business bad debt deduction. d. Wren claims a capital loss due to the uncollectible loans. 128. Which of the following statements is incorrect regarding the taxation of C corporations? a. NOLs may be carried forward indefinitely. b. Taxable income of a personal service corporation is taxed at a flat rate of 35%. c. A tax return must be filed whether or not the corporation has taxable income. d. The alternative minimum tax does not apply. 129. Erica transfers land worth $500,000, basis of $100,000, to a newly formed corporation, Robin Corporation, for all of Robin’s stock, worth $300,000, and a 10-year note. The note was executed by Robin and made payable to Erica in the amount of $200,000. As a result of the transfer: a. Erica does not recognize gain. b. Erica recognizes gain of $400,000. c. Robin Corporation has a basis of $100,000 in the land. d. Robin Corporation has a basis of $300,000 in the land. 130. Copper Corporation, a calendar year C corporation, owns stock in Bronze Corporation and has net operating income of $900,000 for the current year. Bronze Corporation pays Copper a dividend of $150,000. What amount of dividends received deduction may Copper claim if it owns 85% of Bronze stock (and the two corporations are members of the same affiliated group)? (Assume Copper’s dividends received deduction is not limited by its taxable income.) a. $75,000 b. $97,500 c. $120,000 d. $150,000 131. Ann transferred land worth $200,000 with a tax basis of $40,000 to Brown Corporation, an existing entity, for 100 shares of its stock. Brown Corporation has two other shareholders, Bill and Bob, each of whom holds 100 shares. With respect to the transfer: a. Ann has no recognized gain. b. Brown Corporation has a basis of $160,000 in the land. c. Ann has a basis of $200,000 in her 100 shares in Brown Corporation. d. Ann has a basis of $40,000 in her 100 shares in Brown Corporation.

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Chap_12_2023 132. Emerald Corporation, a calendar year C corporation, was formed and began operations on April 1, 2022. The following expenses were incurred during the first tax year (April 1 through December 31, 2022) of operations. Expenses of temporary directors and of organizational meetings Fee paid to the state of incorporation Accounting services incident to organization Legal services for drafting the corporate charter and bylaws Expenses incident to the printing and sale of stock certificates

$27,000 1,000 15,500 9,500 6,000

Assuming a § 248 election, what is Emerald’s deduction for organizational expenditures for 2022? a. $0 b. $4,550 c. $5,000 d. $7,400 133. Roberto, a cash basis taxpayer, incorporates his sole proprietorship. He transfers the following items to newly created Orange Corporation.

Cash Building Mortgage payable (secured by the building and held for 15 years)

Adjusted Basis $ 10,000 120,000 135,000

Fair Market Value $ 10,000 175,000 135,000

With respect to this transaction: a. Orange Corporation’s basis in the building is $120,000. b. Roberto has no recognized gain. c. Roberto has a recognized gain of $5,000. d. Roberto has a recognized gain of $10,000.

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Chap_12_2023 134. Opal Corporation, an accrual method, calendar year C corporation, was formed and began operations on July 1, 2022. The following expenses were incurred during the first tax year (July 1 through December 31, 2022) of operations. Expenses of temporary directors and of organizational meetings

$8,000

Fee paid to the state of incorporation

2,000

Accounting services incident to organization

3,500

Legal services for drafting the corporate charter and bylaws

4,300

Expenses incident to the printing and sale of stock certificates

6,000

Assuming a § 248 election, what is Opal’s deduction for organizational expenditures for 2022? a. $593. b. $460. c. $5,427. d. $5,627. 135. To induce Yellow Corporation to build a new manufacturing facility in Knoxville, Tennessee, the city donates land (fair market value of $400,000) and cash of $100,000 to the corporation. Several months after the donation, Yellow Corporation spends $450,000 (which includes the $100,000 received from Knoxville) on the construction of a new plant located on the donated land. a. Yellow recognizes income of $100,000 as to the donation. b. Yellow has a zero basis in the land and a basis of $450,000 in the plant. c. Yellow recognizes income of $500,000 as to the donation. d. Yellow has a zero basis in the land and a basis of $350,000 in the plant. 136. Jane transfers property (basis of $180,000 and fair market value of $500,000) to Green Corporation for 80% of its stock (worth $425,000) and a long-term note (worth $75,000) executed by Green Corporation and made payable to Jane. As a result of the transfer: a. Jane recognizes no gain. b. Jane recognizes a gain of $75,000. c. Jane recognizes a gain of $270,000. d. Jane recognizes a gain of $320,000. 137. Adam transfers cash of $300,000 and land worth $200,000 to Camel Corporation for 100% of the stock in Camel. In the first year of operation, Camel has net taxable income of $70,000. If Camel distributes $50,000 to Adam: a. Adam has taxable income of $50,000. b. Camel Corporation has a tax deduction of $50,000. c. Adam has no taxable income from the distribution. d. Camel Corporation reduces its basis in the land to $150,000.

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Chap_12_2023 138. Dwayne and Paul form Swan Corporation with the following investments. Dwayne transfers machinery (basis of $40,000 and fair market value of $100,000) and Paul transfers land (basis of $20,000 and fair market value of $90,000) and services rendered (worth $10,000) in organizing the corporation. Each is issued 25 shares in Swan Corporation. With respect to the transfers: a. Dwayne has no recognized gain; Paul recognizes income/gain of $80,000. b. Neither Dwayne nor Paul has recognized gain or income on the transfers. c. Swan Corporation has a basis of $30,000 in the land transferred by Paul. d. Paul has a basis of $30,000 in the 25 shares he acquires in Swan Corporation. 139. Rodney, the sole shareholder of Orange Corporation, an accrual method, calendar year corporation, loaned the corporation a substantial amount of money on January 1, 2022. Orange Corporation accrued $45,000 of interest expense on the loan on December 31, 2022. Orange pays the interest to Rodney, a cash basis taxpayer, on January 1, 2023. Based on these facts: a. Orange Corporation will be allowed to deduct the interest expense in 2022 and Rodney will be required to report the interest income in 2023. b. Orange Corporation will be allowed to deduct the interest expense in 2023 and Rodney will be required to report the interest income in 2022. c. Orange Corporation will be allowed to deduct the interest expense in 2022 and Rodney will be required to report the interest income in 2022. d. Orange Corporation will be allowed to deduct the interest expense in 2023 and Rodney will be required to report the interest income in 2023. 140. Rhonda and Marta form Blue Corporation. Rhonda transfers land (basis of $55,000 and fair market value of $180,000) for 50 shares plus $20,000 cash. Marta transfers $160,000 cash for 50 shares in Blue Corporation. a. Rhonda’s basis in the Blue Corporation stock is $55,000. b. Blue Corporation’s basis in the land is $55,000. c. Blue Corporation’s basis in the land is $180,000. d. Rhonda recognizes a gain on the transfer of $125,000. 141. Schedule M-1 of Form 1120 is used to reconcile financial net income with taxable income reported on the corporation’s income tax return as follows: net income per books + additions – subtractions = taxable income. Which of the following items is a subtraction on Schedule M-1? a. Book depreciation in excess of tax depreciation. b. Excess of capital losses over capital gains. c. Proceeds on key employee life insurance. d. Income subject to tax but not recorded on the books.

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Chap_12_2023 142. Robin Corporation, a calendar year C corporation, had taxable income of $700,000, $1,200,000, and $1,000,000 for 2020, 2021, and 2022, respectively. Robin has taxable income of $1,800,000 for 2023. The minimum 2023 estimated tax installment payments for Robin are: a. April 17, 2023, $52,500; June 15, 2023, $52,500; September 15, 2023, $52,500; December 15, 2023, $52,500. b. April 17, 2023, $52,500; June 15, 2023, $94,500; September 15, 2023, $94,500; December 15, 2023, $94,500. c. April 17, 2023, $94,500; June 15, 2023, $94,500; September 15, 2023, $94,500; December 15, 2023, $94,500. d. April 17, 2023, $52,500; June 15, 2023, $136,500; September 15, 2023, $94,500; December 15, 2023, $94,500. 143. Rob and Yi form Bluebird Corporation with the following investments.

Adjusted Basis

Fair Market Value

From Rob— Cash

$400,000

From Yi— Land

500,000

440,000

Each receives 50% of Bluebird’s stock. In addition, Yi receives cash of $40,000. One result of these transfers is that Yi has a: a. Recognized loss of $60,000. b. Recognized loss of $20,000. c. Basis of $460,000 in the Bluebird stock (assuming Bluebird reduces its basis in the land to $440,000). d. Basis of $400,000 in the Bluebird stock (assuming Bluebird reduces its basis in the land to $440,000). 144. Which of the following statements is incorrect about LLCs and the Check-the-box Regulations? a. If an LLC with more than one owner does not make an election, the entity is taxed as a corporation. b. An entity with more than one owner and formed as a corporation cannot elect to be taxed as a partnership. c. If an LLC with one owner does not make an election, the entity is taxed as a sole proprietorship. d. An LLC with one owner can elect to be taxed as a corporation. 145. Almond Corporation, a calendar year C corporation, had taxable income of $900,000, $1,100,000 million, and $1,200,000 million for 2020, 2021, and 2022, respectively. Almond’s taxable income is $2,000,000 for 2023. Compute the minimum estimated tax payments for 2023 for Almond Corporation.

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Chap_12_2023 146. During the current year, Coyote Corporation (a calendar year C corporation) has the following transactions: Income from operations Expenses from operations Dividends received from Roadrunner Corporation

$260,000 305,000 115,000

Coyote owns 5% of Roadrunner Corporation’s stock. How much is Coyote Corporation’s taxable income (loss) for the year?

Would your answer change if Coyote owned 25% of Roadrunner Corporation’s stock?

147. Trish and Tyrone form Pine Corporation. Trish transfers inventory (basis of $60,000 and fair market value of $110,000) for 50% of the stock in Pine. Tyrone transfers machinery (basis of $20,000 and fair market value of $60,000) and agrees to serve as manager of Pine Corporation for one year for 50% of the stock. What are the tax consequences to Trish, Tyrone, and Pine Corporation?

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Chap_12_2023 148. Nancy, Guy, and Rod form Goldfinch Corporation with the following consideration.

Adjusted Basis

Fair Market Value

From Nancy— Cash Inventory

$120,000 90,000

$120,000 130,000

From Guy— Land and building

120,000

250,000

–0–

50,000

From Rod— Legal and accounting services to incorporate

Goldfinch issues its 500 shares of stock as follows: 250 to Nancy, 200 to Guy, and 50 to Rod. In addition, Guy gets $50,000 in cash. a.

Does Nancy, Guy, or Rod recognize gain (or income)?

What basis does Guy have in the Goldfinch stock?

What basis does Goldfinch Corporation have in the inventory? In the land and building?

What basis does Rod have in the Goldfinch stock?

149. Perry organized Cardinal Corporation 10 years ago by contributing property worth $2 million (basis of $450,000) for 2,500 shares of stock in Cardinal, representing 100% of the stock in the corporation. Perry later gave each of his children, Brittany and Julie, 750 shares of stock in Cardinal Corporation. In the current year, Perry transfers property worth $600,000 (basis of $150,000) to Cardinal for 1,000 shares in the corporation. What gain, if any, will Perry recognize on the transfer?

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Chap_12_2023 150. Rita forms Finch Corporation by transferring land (basis of $125,000; fair market value of $750,000) which is subject to a mortgage of $375,000. Two weeks prior to incorporating Finch, Rita borrows $125,000 for personal purposes and gives the lender a second mortgage on the land. Finch Corporation issues stock worth $250,000 to Rita and assumes the two mortgages on the land. What are the tax consequences to Rita and to Finch Corporation?

151. Canary Corporation, an accrual method C corporation, uses the calendar year for tax purposes. Leticia, a cash method taxpayer, is both a shareholder of Canary and the corporation’s CFO. On December 31, 2022, Canary has accrued a $75,000 bonus to Leticia. Describe the tax consequences of the bonus to Canary and to Leticia under the following independent situations. a.

Leticia owns 35% of Canary Corporation’s stock and the corporation pays the bonus to Leticia on February 4, 2023.

Leticia owns 75% of Canary Corporation’s stock and the corporation pays the bonus to Leticia on May 6, 2023.

Leticia owns 75% of Canary Corporation’s stock and the corporation pays the bonus to Leticia on April 7, 2023.

152. Penny, Miesha, and Sabrina transfer property to Owl Corporation for 75% of its stock. Nancy, their attorney, receives 25% of the stock in Owl for legal services rendered in incorporating the business. What are the tax consequences of these transactions? How should this transaction have been handled?

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Chap_12_2023 153. Stock in Merlin Corporation is held equally by Jane, Eve, and Fred. Merlin seeks additional capital to buy a valuable tract of land that will cost $6,000,000. Jane, Eve, and Fred propose to loan Merlin $2,000,000 each, taking from Merlin a $2,000,000 10-year note with interest payable annually at five points above the prime rate. Merlin Corporation has current taxable income of $7,000,000. How are the payments on the notes treated for tax purposes?

154. Lark City donates land worth $300,000 and cash of $100,000 to Orange Corporation as an inducement to locate in the city. Ann, the sole shareholder, contributes equipment (basis of $70,000 and fair market value of $200,000) to help Orange in its new operations. What are the tax consequences of these transfers to Orange Corporation?

155. Nick exchanges property (basis of $100,000; fair market value of $3,000,000) for 65% of the stock of Yellow Corporation. The other 35% of the stock is owned by Gloria who acquired it several years ago. What are the tax consequences to Nick?

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Chap_12_2023 156. Heron Corporation, a calendar year, accrual basis taxpayer, provides the following information for the current year and asks you to prepare Schedule M-1. Net income per books (after-tax) Taxable income Federal income tax liability Interest income from tax-exempt bonds Interest paid on loan incurred to purchase tax-exempt bonds Life insurance proceeds received as a result of death of Heron’s president Premiums paid on policy on life of Heron’s president Excess of capital losses over capital gains Retained earnings at beginning of year Cash dividends paid Tax depreciation in excess of book depreciation

$258,050 195,000 40,950 5,000 2,000 100,000 4,500 2,000 375,000 90,000 7,500

157. Ostrich, a C corporation, has a net short-term capital gain of $20,000 and a net long-term capital loss of $90,000 during 2022. Ostrich also has taxable income from other sources of $1,000,000. Prior years’ transactions included the following: 2018 net short-term capital gains 2019 net long-term capital gains 2020 net short-term capital gains 2021 net long-term capital gains a. b. c. d.

$20,000 15,000 25,000 5,000

How are the capital gains and losses treated on Ostrich’s 2022 tax return? Determine the amount of the 2022 net capital loss that is carried back to each of the previous years. Compute the amount of capital loss carryover, if any, and indicate the years to which the loss may be carried. If Ostrich were a proprietorship, how would Ellen, the owner, report these transactions on her 2022 tax return?

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Chap_12_2023 158. Ashley, a 70% shareholder of Wren Corporation, transfers property with a basis of $250,000 and a fair market value of $900,000 to Wren Corporation for additional stock. Ashley owns 78% of Wren after the transfer. Two other shareholders in Wren transfer a nominal amount of property to Wren along with Ashley’s transfer so that Ashley and the two shareholders own 90% of the Wren stock after the transfer. Does Ashley have taxable gain on the transfer?

159. Tonya, an actuary, is the sole shareholder of Shrike Corporation, a professional C corporation. The corporation paid Tonya a salary of $360,000 during its fiscal year ending September 30, 2022.

How much salary must Shrike Corporation pay Tonya during the period October 1 through December 31, 2022, to enable the corporation to continue to use its fiscal year without negative tax effects?

160. During the current year, Quartz Corporation (a calendar year C corporation) has the following transactions: Income from operations Expenses from operations Dividends received from ABC Corporation

$350,000 370,000 50,000

Quartz owns 25% of ABC Corporation’s stock. How much is Quartz Corporation’s taxable income (loss) for the year?

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Chap_12_2023 161. Warbler Corporation, an accrual method regular corporation, was formed and began operations on March 1, 2022. The following expenses were incurred during its first year of operations (March 1 - December 31, 2022): Expenses of temporary directors and organizational meetings Incorporation fee paid to state Expenses incurred in printing and selling stock certificates Accounting services incident to organization

$25,000 2,000 10,000 12,000

Assuming a valid election under § 248 to amortize organizational expenditures, what is the amount of Warbler’s deduction for 2022?

Same as a., except that Warbler also incurred in 2022 legal fees of $15,000 for the drafting of the corporate charter and bylaws. What is the amount of Warbler’s 2022 deduction for organizational expenditures?

162. Tan Corporation desires to set up a manufacturing facility in the western part of the United States. After considerable negotiations with Butte, Montana, Tan accepts the following offer: land (fair market value of $4,500,000) and cash of $1,500,000. a.

How much income, if any, must Tan recognize?

What basis will Tan Corporation have in the land?

Within one year of the contribution, Tan purchases equipment for $1,600,000. What basis will Tan have in the equipment?

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Chap_12_2023 163. During the current year, Skylark Company (a calendar year entity) had operating income of $420,000 and operating expenses of $250,000. In addition, Skylark had a long-term capital loss of $20,000, and a charitable contribution of $5,000. How does Toby, the sole owner of Skylark Company, report this information on his individual income tax return under following assumptions? a.

Skylark is an LLC, and Toby does not withdraw any funds from the company during the year.

Skylark is an S corporation, and Toby does not withdraw any funds from the company during the year.

Skylark is a regular (C) corporation, and Toby does not withdraw any funds from the company during the year.

164. Sean, a sole proprietor, is engaged in a service business and uses the cash basis of accounting. In the current year, Sean incorporates his business by forming Aqua Corporation. In exchange for all of its stock, Aqua receives: assets (basis of $400,000 and fair market value of $2,000,000), trade accounts payable of $110,000, and loan of $390,000 due to a bank. The proceeds from the bank loan were used by Sean to provide operating funds for the business. Aqua Corporation assumes all of the liabilities transferred to it. a.

Does Sean recognize any gain on the incorporation? Explain.

What basis does Sean have in the Aqua stock?

What basis does Aqua Corporation have in the assets it receives?

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Chap_12_2023 165. In each of the following independent situations, determine the C corporation’s income tax liability. Assume that all corporations use a calendar year 2022.

Violet Corporation Indigo Corporation Orange Corporation Blue Corporation Green Corporation (personal service corporation)

Taxable Income $ 63,000 180,000 510,000 11,100,000 225,000

166. Karen formed Grebe Corporation with an investment of $100,000 cash for which she received $10,000 in stock and $90,000 in 7% interest-bearing bonds maturing in 10 years. A few years later, Karen loaned Grebe an additional $60,000 on open account. Grebe becomes insolvent in the current year and is adjudged bankrupt. Karen was the president of Grebe Corporation and was paid an annual salary of $50,000 for the past three years. Karen has no other employment. How will Karen treat her losses for tax purposes?

167. In connection with the deduction for startup expenditures, comment on the following: a. b. c.

Qualifying expenditures. Election process. Amount of deduction.

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Chap_12_2023 168. Adrian is the president and sole shareholder of Pigeon Corporation. He also lends money and rents a building to the corporation. Discuss how these business relationships between Adrian and Pigeon Corporation can help avoid double taxation. What limitations are there on the use of such relationships?

169. How is the transfer of liabilities in a property transaction generally treated for tax purposes? How is a transfer of liabilities generally treated in a § 351 transaction? What exceptions could arise to this usual treatment in a § 351 setting?

170. How is the limitation on the deduction of business interest computed? Does it apply to all taxpayers? What happens to any business interest deduction disallowed by the limitation?

171. Briefly discuss the current-year requirements for the dividends received deduction.

172. For transfers falling under § 351, what are the holding period rules for stock received by the shareholder and for the assets transferred to the corporation?

173. What is the purpose of Schedule M-3? Which corporations are required to file Schedule M-3?

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Chap_12_2023 174. Nancy is a 40% shareholder and president of Robin Corporation, a calendar year C corporation. The board of directors of Robin has decided to pay Nancy a $75,000 bonus for the current year based on her outstanding performance. The directors want to pay the $75,000 as salary, but Nancy would prefer to have it paid as a dividend. If Nancy is in the 37% marginal tax bracket regardless of the treatment of the bonus, discuss which form of payment would be most beneficial for each party. (Ignore any employment tax considerations.)

175. What is the rationale underlying the tax deferral treatment available under § 351?

176. Dawn is the sole shareholder of Thrush Corporation, a calendar year C corporation. In the current year, Thrush earned $350,000 and distributed $75,000 to Dawn. Kirk is the sole shareholder of Swallow Corporation, an S corporation. In the current year, Swallow earned $350,000 and distributed $75,000 to Kirk. Contrast the tax treatment of Thrush Corporation and Dawn with the tax treatment of Swallow Corporation and Kirk.

177. When forming a corporation, a transferor-shareholder may choose to receive some corporate debt along with stock. Identify some of the issues the transferor must consider when deciding whether debt should be a part of the transaction.

178. What is the annual required estimated tax payment for a C corporation? What are the rules regarding payment of the estimated tax?

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Chap_12_2023 Answer Key 1. False 2. True 3. False 4. True 5. True 6. False 7. True 8. False 9. False 10. True 11. True 12. True 13. True 14. True 15. False 16. True 17. True 18. True 19. False 20. False 21. True 22. False 23. True 24. True 25. False 26. True

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Chap_12_2023 27. False 28. True 29. True 30. False 31. False 32. True 33. True 34. True 35. True 36. True 37. False 38. True 39. True 40. False 41. True 42. False 43. False 44. False 45. False 46. False 47. False 48. False 49. True 50. False 51. False 52. True 53. False 54. True Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 55. True 56. False 57. False 58. True 59. True 60. True 61. False 62. True 63. False 64. False 65. True 66. False 67. False 68. True 69. False 70. False 71. True 72. False 73. False 74. False 75. True 76. True 77. True 78. False 79. False 80. True 81. False 82. True Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 83. False 84. False 85. True 86. True 87. True 88. b 89. a 90. d 91. b 92. c 93. c 94. d 95. a 96. b 97. b 98. b 99. b 100. c 101. a 102. d 103. b 104. d 105. b 106. c 107. a 108. d 109. b 110. a Copyright Cengage Learning. Powered by Cognero.

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Chap_12_2023 111. b 112. c 113. b 114. b 115. c 116. a 117. b 118. c 119. d 120. c 121. d 122. b 123. b 124. d 125. b 126. d 127. c 128. b 129. d 130. d 131. c 132. b 133. c 134. c 135. c 136. b 137. a

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Chap_12_2023 138. d 139. d 140. a 141. c 142. d 143. c 144. a 145. A corporation that had taxable income of $1,000,000 or more in any of the three preceding years is a “large corporation” for purposes of utilizing the prior year’s tax exception for estimated tax payments. As such, Almond Corporation can use the prior year’s tax exception for computing its first 2023 estimated tax payment only, and any shortfall as a result of such use must be paid with the second installment. Payment April 17, 2023 June 15, 2023 September 15, 2023 December 15, 2023 Total

Amount $ 63,000 * 147,000 ** 105,000 105,000 $420,000

*Based on preceding year’s tax, for first installment only: ($1,200,000 taxable income × 21%) = $252,000 ÷ 4 = $63,000. **Based on current year’s tax, for remaining installments: ($2,000,000 taxable income × 21%) = $420,000 ÷ 4 = $105,000. Second installment must include shortfall from first installment: [$105,000 + ($105,000 – $63,000)] = $147,000.

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Chap_12_2023 146. a.

The key to this question is the relationship between the dividends received deduction and the NOL deduction. The dividends received deduction is limited to a percentage of taxable income of the corporation (unless taking the full dividends received deduction would cause or increase an NOL). In this case, the dividends received deduction is limited to 50% of taxable income. Gross income: From operations Dividends Less: Expenses from operations Taxable income before the dividends received deduction Dividends received deduction (50% × $70,000) Taxable income

$260,000 115,000

$375,000 (305,000) $ 70,000 (35,000) $ 35,000

The dividends received deduction is limited to 50% of taxable income because taking 50% of $115,000 ($57,500) would not create an NOL.

If Coyote Corporation owns 25% of Roadrunner Corporation’s stock, the percentage for calculating the dividends received deduction is 65%. Under these circumstances, taking the full dividends received deduction would create an NOL. Gross income: From operations Dividends Less: Expenses from operations Taxable income before the dividends received deduction Dividends received deduction (65% × $115,000) Net operating loss

$260,000 115,000

$375,000 (305,000) $ 70,000 (74,750) ($ 4,750)

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Chap_12_2023 147. Tyrone’s stock in Pine Corporation is counted in determining control for purposes of § 351. All of Tyrone’s stock, not just the shares received for the machinery, is included because the property he transfers has more than a nominal value in comparison to the value of the services rendered. (The property transferred has a value of at least 10% of the value of the services provided.) Trish recognizes no gain on the transfer and has a basis of $60,000 in the stock received. Pine Corporation has a basis of $60,000 in the inventory it receives. Tyrone recognizes ordinary income of $50,000 on the transaction. Even though the transfer of the machinery qualifies under § 351, his transfer of services for stock does not. Tyrone has a basis of $70,000 in his stock computed as follows: $20,000 (his basis in the machinery) + $50,000 (value of his services). [His services are valued at $50,000 because this is the difference between the value of the property transferred ($60,000) and the value of the stock received ($110,000).] Pine Corporation has a basis of $20,000 in the machinery and can claim a deduction of $50,000 for the services Tyrone will render. 148. a.

Nancy recognizes no gain. Due to the boot he receives, Guy recognizes $50,000 of gain. Rod has ordinary income of $50,000 for the services he performs.

Guy’s basis in the Goldfinch stock is $120,000 [$120,000 (basis in the land and building) + $50,000 (gain recognized) – $50,000 (boot received)].

Goldfinch Corporation’s basis in the inventory is $90,000. Its basis in the land and building is $170,000 [$120,000 (Guy’s basis) + $50,000 (gain recognized by Guy)].

Rod’s basis in the Goldfinch stock is $50,000.

149. Perry recognizes a gain of $450,000 on the transfer [$600,000 (value of the stock received) – $150,000 (basis in the property)]. The transfer does not qualify under § 351. Although Perry originally owned 100% of Cardinal Corporation, he only owns 57% of Cardinal Corporation after the transfer [2,500 (shares originally owned) – 1,500 (shares transferred to Brittany and Julie) + 1,000 (shares acquired in the transfer), or 2,000 shares out of a total of 3,500 shares]. The ownership of the shares held by Brittany and Julie cannot be counted because the attribution rules of § 318 do not apply to a § 351 transfer. 150. Both §§ 357(b) and (c) are applicable. Because the land is subject to two mortgages that are in excess of basis, under § 357(c) Rita would have a recognized gain of $375,000 on the transfer. But § 357(b) also is applicable because Rita borrowed the $125,000 shortly before incorporating and used the money for personal purposes. As § 357(b) causes all the liabilities to be tainted, Rita has boot of $500,000. Of Rita’s realized gain of $625,000 [$750,000 (value of the stock received and release of mortgages) – $125,000 (basis in the land)], $500,000 gain (the amount of boot) is recognized. When §§ 357(b) and (c) both apply to the same transfer, § 357(b) predominates. Finch Corporation has a basis of $625,000 in the land, computed as follows: $125,000 (carryover basis from Rita) + $500,000 (gain recognized by Rita). Rita has a basis of $125,000 in her stock, computed as follows: $125,000 (basis in the land) + $500,000 (gain recognized) – $500,000 (liabilities assumed by Finch Corporation).

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Chap_12_2023 151. Under § 267(a)(2), an accrual method taxpayer must defer a deduction for an expenditure attributable to a cash method related party until such time the related party reports the amount as income. For purposes of this limitation, a more-than-50% shareholder of the corporation is a related party. a.

Leticia is not a related party for purposes of the § 267(a)(2) limitation; thus, Canary deducts the bonus, under the accrual method, in 2022. Since Leticia is on the cash method, she includes the bonus in her income in 2023.

Since Leticia, a cash method related party, does not include the bonus in her income until its receipt in 2023, Canary’s deduction for the bonus occurs in 2023.

Again, Leticia is a cash method related party who does not include the bonus in her income until its receipt in 2023; thus, Canary’s deduction for the bonus is deferred until 2023. The fact that the payment to Leticia occurs prior to the filing date for Canary’s 2022 tax return is of no consequence.

152. Based on the facts provided, the transaction will be taxable to all persons involved. Section 351 treatment will be lost if stock is transferred to persons who did not contribute property, causing those who did to lack control immediately after the exchange. However, if a person performs services for the corporation in exchange for stock and also transfers some property, they may be treated as a member of the transferring group although the value of the stock issued for services is taxed. 153. Payments on the notes will probably be treated as dividends for tax purposes. The debt instruments have too many features of stock. The debt does not bear a legitimate rate of interest, and the debt is proportionate to the stock holdings of Jane, Eve, and Fred. Merlin Corporation has substantial current taxable income indicating an attempt to withdraw earnings in the form of principal and interest payments on debt obligations rather than as dividends. 154. Orange Corporation does not have income on the transfers from Ann (a shareholder), but it does recognize $400,000 of income on the transfers from Lark City (a nonshareholder). Orange will have a basis of $70,000 in the equipment it receives from Ann and a $300,000 basis in the land it receives from Lark City. Finally, the transfer, which is a capital contribution by Ann, increases her stock basis in Orange by $70,000. 155. Nick has a taxable gain of $2,900,000. Section 351 does not apply because Nick failed to receive at least 80% control of Yellow Corporation. Therefore, the transaction is a taxable exchange. Nick has a $3 million basis in his stock and Yellow Corporation has a basis of $3,000,000 in the property.

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Chap_12_2023 156. Net income per books is reconciled to taxable income as follows: Net income per books (after tax) Plus: Items that decreased net income per books but did not affect taxable income + Federal income tax liability + Excess of capital losses over capital gains + Interest paid on loan incurred to purchase tax-exempt bonds + Premiums paid on policy on life of president of the corporation Subtotal Minus: Items that increased net income per books but did not affect taxable income – Interest income from tax-exempt bonds – Life insurance proceeds received as a result of the death of the corporate president – Tax depreciation in excess of book depreciation Taxable income

$258,050

40,950 2,000 2,000 4,500 $307,500

(5,000) (100,000) (7,500) $195,000

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Chap_12_2023 157. a.

Net short-term capital gain Net long-term capital loss Net capital loss

$ 20,000 (90,000) ($70,000)

The net capital loss of $70,000 is not deductible in 2022 but must be carried back to the three preceding years, applying it to 2019, 2020, and 2021, in that order. Such net capital loss is carried back or forward as a short-term capital loss. b.

2022 net capital loss Offset against— 2019 net long-term capital gains 2020 net short-term capital gains 2021 net long-term capital gains Total carrybacks

($70,000) $15,000 25,000 5,000 $45,000

$25,000 ($70,000 – $45,000) STCL carryover to 2023, 2024, 2025, 2026, and 2027, in that order.

Ellen would net these transactions with all other capital transactions for 2022. Assuming these were her only capital transactions in 2022, she would offset $20,000 of capital losses against the capital gains and deduct an additional $3,000 in capital losses on her return. The remaining $67,000 ($90,000 – $20,000 – $3,000) would be carried forward indefinitely as a LTCL.

158. Ashley would have a taxable gain of $650,000 on the transfer. She does not have the requisite 80% control. The transfer by the two shareholders will not qualify the transfer for § 351 treatment because the primary purpose of the transfer was to qualify under this section. Should the transfer of property by the two shareholders have a value equal to or in excess of 10% of the fair market value of the stock owned by them after the transfer, the transfer would qualify.

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Chap_12_2023 159. The salary for the deferral period (October 1 through December 31) must be at least proportionate to the employee’s salary received for the fiscal year. The amount that Shrike Corporation must pay Tonya during the period October 1 through December 31, 2022, to permit the continued use of its fiscal year without negative tax effects is $90,000 [($360,000 × (3 ÷ 12)].

160. Quartz has an NOL, computed as shown here: Gross income: From operations Dividends Less: Expenses from operations Dividends received deduction ($50,000 × 65%) Net operating loss

$350,000 50,000

$400,000

$370,000 32,500

(402,500) ($ 2,500)

The dividends received deduction is not limited to the taxable income limitation because it creates a net operating loss.

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Chap_12_2023 161. a.

Warbler has qualifying organizational expenditures of $39,000 [$25,000 (expenses of temporary directors and organizational meetings) + $2,000 (incorporation fee) + $12,000 (accounting fees)]. Expenses related to the printing or selling of stock or other securities do not qualify as organizational expenditures. Warbler’s 2022 deduction for the organizational expenditures is $6,889 {$5,000 (amount immediately expensed) + [($39,000 – $5,000)/180 × 10 months]}.

Warbler now has qualifying organizational expenditures of $54,000 [$39,000 (as computed in part a., above) + $15,000 (legal fees)]. Warbler’s 2022 deduction for the organizational expenditures is $3,944 {$1,000 (amount immediately expensed) + [($54,000 – $1,000)/180 × 10 months]}. The $5,000 immediate expensing amount is reduced to the extent that qualifying organizational expenditures exceed $50,000; thus, only $1,000 of the expenditures is immediately deductible, and the remainder of the expenditures is amortized over 180 months.

162. a.

Tan Corporation recognizes $6 million ($4,500,000 land + $1,500,000 cash) of income from the receipt of land and cash because it does not qualify as a nontaxable capital contribution under § 118.

Tan has a $4,500,000 basis in the land.

Tan Corporation takes a $1,600,000 basis in the equipment (i.e., the cost of the equipment).

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Chap_12_2023 163. a.

A single-member LLC is taxed as a proprietorship. Consequently, Toby reports the $170,000 operating profit, $20,000 long-term capital loss, and $5,000 charitable contribution on his individual return (Form 1040). The LTCL will be subject to the capital loss limitations applicable to individual taxpayers. Toby would report any related deduction for qualified business income on his Form 1040. Income, deductions, gains, and losses of an S corporation flow through to the shareholders. Separately stated items (e.g., LTCL and charitable contribution) retain their character at the shareholder level. Consequently, Toby reports the $170,000 operating profit, $20,000 long-term capital loss, and $5,000 charitable contribution on his individual return (Form 1040). The LTCL will be subject to the capital loss limitations applicable to individual taxpayers. Toby would report any related deduction for qualified business income on his Form 1040. Shareholders of a regular (C) corporation report income from the corporation to the extent of dividends received. Therefore, Toby does not report any of Skylark’s operating profit, longterm capital loss, or charitable contribution on his individual return. [Skylark Company would report taxable income of $165,000 ($170,000 operating profit – $5,000 charitable contribution) on its corporate return (Form 1120). The net capital loss of $20,000 is not deductible in the current year; rather, the loss is carried back three years and forward five years (as STCL).]

164. a.

Initially, it seems as if the liabilities of $500,000 [$110,000 (trade accounts payable) + $390,000 (bank loan)] exceed the basis of the assets so as to make § 357(c) apply. However, for this purpose the trade accounts payable are not counted since they originate from a cash basis taxpayer and would give rise to a deduction. Thus, Sean has no recognized gain.

$10,000 [$400,000 (basis in the assets) – $390,000 (bank loan assumed by Aqua Corporation)].

$400,000 (Sean’s basis in the assets).

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Chap_12_2023 165. Violet Corporation: Tax on $63,000 × 0.21

$13,230

Indigo Corporation: Tax on $180,000 × 0.21

$37,800

Orange Corporation: Tax on $510,000 × 0.21

$107,100

Blue Corporation: Tax on $11,100,000 × 0.21

$2,331,000

Green Corporation (personal service corporation): Tax on $225,000 × 0.21

$47,250

A flat 21% tax rate applies to all C corporations (including PSCs) for tax years beginning after 2017. 166. If the stock is § 1244 stock, Karen has an ordinary loss on the worthless stock. Otherwise, her $10,000 stock investment is a capital loss. The IRS could argue thin capitalization to make the long-term debt equity, and thus, a capital loss. Also, the IRS could contend that both the long-term debt (regardless of whether it can be deemed hybrid stock) and the $60,000 open account debt are nonbusiness bad debts and, therefore, short-term capital losses. Karen would counter with the argument that the $60,000 open account debt is a business bad debt because the primary motive in loaning money to the corporation was to protect her employment. Although the loan is more than her annual salary, she is paid the salary continually. Thus, in that context, the salary is more than the investment. Further, she only works for the corporation.

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Chap_12_2023 167. a. “Startup expenditures” are expenses incurred after the organization of a trade or business but before such trade or business has begun operations. Examples of startup expenditures include rent, payroll, accounting, advertising, insurance, utilities, and other operating expenses associated with the pre-opening of a trade or business. b. A corporation is deemed to have made the election to amortize startup expenditures for the taxable year in which the corporation begins business. The startup expenditures deduction is claimed on the corporation’s return for such taxable year without any separate statement or specific identification of the deduction. If a corporation wants to forgo the deduction of startup expenditures, a separate statement to that effect should accompany the corporation’s tax return for its first taxable year. c. In general, startup expenditures are amortized over a 180-month period beginning with the month the corporation begins business. However, the first $5,000 of startup expenditures is expensed in the first taxable year with the remaining amount of expenditures amortized over the 180-month period. The $5,000 expensing amount is reduced to the extent that startup expenditures exceed $50,000 (i.e., there is no immediate expensing if startup expenditures equal or exceed $55,000). 168. As president of Pigeon Corporation, Adrian can have the corporation pay him a salary. As a creditor, he can have the corporation pay him interest on the loans. As a landlord, he can have the corporation pay him rent. All of these expenses can be deducted by the corporation. In order to avoid disallowance of any of these deductions at the corporate level, the payments to Adrian must be reasonable in amount. Payments deemed to be unreasonable in amount will be treated as corporate dividends to Adrian and nondeductible by Pigeon. However, to the extent that the payments are reasonable in amount and deductible by Pigeon Corporation, the corporate tax is avoided on such amounts. The payments received by Adrian would be income (i.e., salary, interest, and rent) to him and taxed as such, but this would be the only tax incurred on such amounts (i.e., double taxation is avoided to the extent of any payments deductible by Pigeon). 169. Generally, when another party assumes a liability in a property transaction, the party no longer responsible for the debt is treated as having received cash or boot. This is consistent with the form of benefit doctrine and with like-kind exchange treatment under § 1031. However, when the acquiring corporation assumes a liability in a § 351 transaction, § 357(a) provides that the transfer does not result in boot to the transferor-shareholder for gain recognition purposes. To do so could trigger gain to the property transferor if the corporation assumed a mortgage on the transfer of encumbered property, which could, in turn, discourage the use of the corporate form of business. The general rule of § 357(a) has two exceptions: (1) § 357(b) provides that if the principal purpose of the assumption of the liabilities is to avoid tax or if there is no bona fide business purpose behind the exchange, the liabilities are treated as boot, and (2) § 357(c) provides that if the sum of the liabilities exceeds the adjusted basis of the properties transferred, the excess is taxable gain.

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Chap_12_2023 170. The deduction of business interest for any year is limited to the sum of (1) the taxpayer's business interest income for the year, (2) 30% of the taxpayer's adjusted taxable income for the year, and (3) the taxpayer's floor plan financing interest for the year. In general, the limitation applies to all taxpayers but there is a small business exception (i.e., taxpayers having average gross receipts for the prior three-year period of $27,000,000 or less). Any business interest deduction disallowed by the limit is treated as business interest paid or accrued in the succeeding tax year. 171. The dividends received deduction (DRD) is available to C corporations with respect to dividends received from domestic corporations. The amount of the DRD is generally equal to 50% (for stock ownership of less than 20%) or 65% (for stock ownership of 20% or more but less than 80%) of the dividends received. A limitation applies if the applicable percentage (50% or 65%) of taxable income (computed without regard to the DRD, NOL deduction, and capital loss carryback) is less than the normal DRD amount. However, the taxable income limitation does not apply if the normal DRD amount creates or increases an NOL. (For stock ownership interests of 80% or more, the applicable DRD percentage is 100% and the taxable income limitation does not apply.) Two additional limitations apply to the DRD. First, no DRD is allowed unless the corporation has held the stock for more than 45 days. Second, the amount of the DRD is reduced by the percentage of the investment in the stock that is debt financed. This reduction in the DRD cannot exceed that amount of the interest expense deduction allocable to the dividend. 172. In a § 351 transaction, the shareholder’s holding period for stock received in exchange for a capital asset or § 1231 property includes the holding period of the property transferred to the corporation. That is, the holding period of the property is “tacked on” to the holding period of the stock. The holding period for stock received for any other property begins on the day after the exchange. The corporation’s holding period for property acquired in a § 351 transfer is the holding period of the transferor-shareholder, regardless of the character of the property in the transferor’s hands. 173. Schedule M-3 was created, in part, in response to financial reporting scandals, such as Enron and WorldCom. Schedule M-3 requires corporations to report much more information regarding the differences between financial net income (loss) and taxable income than is required of Schedule M-1. This greater transparency should allow the IRS to more easily identify corporations that engage in aggressive tax practices, because those transactions generally result in book/tax differences that must be reported on Schedule M-3. Entities with total assets of $10,000,000 or more must file Schedule M-3 (in lieu of Schedule M-1). The financial figures (e.g., amount of total assets, net income or loss) required of the Schedule M-3 are drawn from the corporation’s Form 10-K. If Form 10-K is not filed, then another financial source (e.g., certified financial statements) is used. 174. Robin Corporation prefers treating the payment as salary, because a $75,000 deduction for such would provide the corporation with a tax savings of $15,750 [$75,000 (salary deduction) × 21%]. If, instead, the payment were treated as a dividend, none of the $75,000 would deductible by Robin. Nancy prefers treating the payment as a dividend, because a preferential tax rate of 20% would apply to the $75,000 and result in only $15,000 of tax. If, instead, the payment were treated as salary, Nancy would incur tax of $27,750 [$75,000 (salary) × 37% (marginal tax rate)]. Thus, Nancy would save $12,750 of tax if the payment were treated as a dividend instead of salary.

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Chap_12_2023 175. Realized gain or loss is not recognized in a § 351 transaction when a taxpayer’s economic status has not changed. This provision reflects the principle that gain should not be recognized when a taxpayer’s investment has not substantively changed. When a business is incorporated, the owner’s economic status remains the same; only the form of the investment has changed. Gain deferral is also justified under the wherewithal to pay concept discussed in Chapter 1. This concept recognizes that if the shareholder receives solely stock in the exchange, they are hardly in a position to pay a tax on any realized gain. Finally, § 351 was enacted because Congress believed that taxes should not be triggered on the incorporation of a business. Otherwise, recognizing gain and paying tax could discourage corporate formations when otherwise optimal. 176. A C corporation is a separate taxable entity; thus, Thrush Corporation is taxed on the $350,000 of earnings. Income of a C corporation has no effect on the shareholders until such time a dividend is paid. When dividends are paid, shareholders must report dividend income on their tax returns. Thus, Dawn is taxed on $75,000 of dividends and the 0%/15%/20% preferential tax rate applies with respect to the dividends. Generally, an S corporation is not subject to an entity level Federal income tax. Instead, the corporation’s income, gains, deductions, and losses are passed through to and reported by the shareholders on their tax returns. Thus, Swallow reports the $350,000 of earnings on its tax return (Form 1120S), but pays no income tax. Kirk is taxed on the $350,000 of earnings from Swallow on his individual income tax return (Form 1040). Kirk would report any related deduction for qualified business income on his Form 1040. Distributions from S corporations are not taxable to the shareholder (to the extent of stock basis). Thus, Kirk is not taxed on the $75,000 distribution from Swallow. 177. Significant tax differences exist between debt and equity in the capital structure. ∙

Interest payments on debt are deductible by the corporation while dividend payments on stock are not.

∙

Loan repayments of debt are not taxable to investors unless the repayments exceed basis; however, a shareholder’s nonliquidating receipt of property from a corporation cannot be taxfree as long as the corporation has earnings and profits.

∙

Dividend income on equity holdings is taxed to individual investors at the preferential capital gains rates while interest income on debt is taxed at the higher ordinary income tax rates.

178. Estimated tax payments are required if the corporation’s tax liability is expected to be $500 or more. The required annual payment is the lesser of (1) 100% of the corporation’s tax for the current year or (2) 100% of the corporation’s tax for the preceding year. Estimated payments are made quarterly, due on or before the 15th day of the 4th, 6th, 9th, and 12th months of the taxable year. Underpayment of estimated tax penalty can be avoided if the quarterly payments are filed timely and equal to the corporation’s tax liability for the prior year (or tax liability computed on an annualized method). A corporation with taxable income of $1,000,000 or more in any of its three preceding years can use the prior year’s tax liability for computing only the first installment payment. In such cases, the corporation’s second installment payment must include any shortfall resulting from using the prior year’s liability (instead of the current-year’s liability) for the first installment. Copyright Cengage Learning. Powered by Cognero.

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Chap_13_2023 Indicate whether the statement is true or false. 1. A shareholder’s basis in property acquired in a stock redemption is the property’s fair market value as of the date of redemption. a. True b. False 2. To determine E & P, some (but not all) previously excluded income items are added back to taxable income. a. True b. False 3. A corporation that distributes a property dividend must reduce its E & P by the adjusted basis of the property less any liability on the property. a. True b. False 4. All distributions that are not dividends are a return of capital and decrease the shareholder’s basis. a. True b. False 5. Regardless of any deficit in current E & P, distributions during the year are taxed as dividends to the extent of accumulated E & P. a. True b. False 6. Corporate shareholders generally receive less favorable tax treatment from a qualifying stock redemption than from a dividend distribution. a. True b. False 7. The terms “earnings and profits” and “retained earnings” are identical in meaning. a. True b. False 8. Constructive dividends do not need to satisfy the legal requirements for a dividend as set forth by applicable state law. a. True b. False 9. Corporate distributions are presumed to be paid out of E & P and are treated as dividends unless the parties to the transaction can show otherwise. a. True b. False

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Chap_13_2023 10. All cash distributions received from a corporation with a positive balance in accumulated E & P at the beginning of the year will be taxed as dividend income. a. True b. False 11. An increase in the LIFO recapture amount must be added to taxable income to determine E & P. a. True b. False 12. A corporation borrows money to purchase State of Texas bonds. The interest on the loan has no impact on either taxable income or current E & P. a. True b. False 13. The dividends received deduction has no impact on E & P. a. True b. False 14. Use of MACRS cost recovery when computing taxable income does not require an E & P adjustment. a. True b. False 15. In a property distribution, the amount of dividend income recognized by a shareholder is always reduced by the amount of liability assumed by a shareholder. a. True b. False 16. Constructive dividends have no effect on a distributing corporation’s E & P. a. True b. False 17. During the year, Blue Corporation distributes land to its sole shareholder. If the fair market value of the land is less than its adjusted basis, Blue will not be able to recognize a loss on the distribution. a. True b. False 18. When computing current E & P, taxable income must be adjusted for the deferred gain in a § 1031 like-kind exchange. a. True b. False 19. Nondeductible meal expense must be subtracted from taxable income to determine current E & P. a. True b. False

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Chap_13_2023 20. To determine current E & P, taxable income must be increased for any dividends received deduction. a. True b. False 21. When current E & P has a deficit and accumulated E & P is positive, the two accounts are netted at the date of the distribution. If a positive balance results, the distribution is a dividend to the extent of the balance. a. True b. False 22. A distribution from a corporation will be taxable to the recipient shareholders only to the extent of the corporation’s E & P. a. True b. False 23. The Code treats corporate distributions that are a return of a shareholder’s investment as sales or exchanges and corporate distributions that are a return from a shareholder’s investment as dividends. a. True b. False 24. Yolanda owns 60% of the outstanding stock of Amber Corporation. In a qualifying stock redemption, Amber distributes $20,000 to Yolanda in exchange for one-half of her shares (basis of $35,000). As a result of the redemption, Yolanda has a recognized capital loss of $15,000. a. True b. False 25. In the current year, Carnation Corporation has a § 179 expense of $20,000. As a result, in the current year, taxable income must be increased by $16,000 to determine current E & P. a. True b. False 26. When current E & P is positive and accumulated E & P has a deficit balance, the two accounts are netted for dividend determination purposes. a. True b. False 27. A deficit in current E & P is treated as occurring ratably during the year unless the taxpayer can show otherwise. a. True b. False 28. As a result of a redemption, a shareholder’s interest (direct and indirect) in the corporation decreased from 80% to 55%. The redemption qualifies for sale or exchange treatment as a disproportionate redemption. a. True b. False

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Chap_13_2023 29. When computing E & P, taxable income is not adjusted for § 179 expense. a. True b. False 30. A distribution in excess of E & P is treated as capital gain by shareholders. a. True b. False 31. Property distributed by a corporation as a dividend is subject to a liability in excess of its basis. For purposes of determining gain on the distribution, the basis of the property is treated as being not less than the amount of liability. a. True b. False 32. Under certain circumstances, a distribution can generate (or add to) a deficit in E & P. a. True b. False 33. No E & P adjustment is required for regular tax gains under the installment method. a. True b. False 34. Distributions by a corporation to its shareholders are presumed to be a dividend unless the parties can prove otherwise. a. True b. False 35. In general, if a shareholder’s ownership interest is not diminished as a result of a stock redemption, the Code will treat the transaction as a sale or exchange. a. True b. False 36. A realized gain from an involuntary conversion under § 1033 that is not recognized for income tax purposes has no effect on E & P. a. True b. False 37. Federal income tax paid in the current year must be subtracted from taxable income to determine E & P. a. True b. False 38. A corporate shareholder that receives a constructive dividend cannot apply a dividends received deduction to the distribution. a. True b. False

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Chap_13_2023 Indicate the answer choice that best completes the statement or answers the question. 39. Falcon Corporation ended its first year of operations with taxable income of $250,000. At the time of Falcon’s formation, it incurred $50,000 of organizational expenses. In calculating its taxable income for the year, Falcon claimed an $8,000 deduction for the organizational expenses. What is Falcon’s current E & P? a. $200,000 b. $208,000 c. $250,000 d. $258,000 40. Tracy and Jerome, equal shareholders in Macaw Corporation, receive $600,000 each in distributions on December 31 of the current year. Macaw’s current-year taxable income is $1,000,000 and it has no accumulated E & P. Last year, Macaw sold an appreciated asset for $1,200,000 (basis of $400,000). Payment for one-half of the sale of the asset was made this year. How much of Tracy’s distribution will be taxed as a dividend? a. $0 b. $300,000 c. $500,000 d. $600,000 41. On January 2, 2022, Orange Corporation purchased equipment for $300,000 with an ADS recovery period of 10 years and a MACRS useful life of 7 years. Section 179 was not elected. MACRS depreciation properly claimed on the asset, including depreciation in the year of sale, totaled $79,605. The equipment was sold on July 1, 2023, for $290,000. As a result of the sale, the adjustment to taxable income needed to arrive at current E & P is: a. No adjustment is required. b. Decrease $49,605. c. Increase $49,605. d. Decrease $79,605. 42. Rose Corporation (a calendar year taxpayer) has taxable income of $300,000, and its financial records reflect the following for the year. Federal income taxes paid Net operating loss carryforward deducted currently Gain recognized this year on an installment sale from a prior year Depreciation deducted on tax return (ADS depreciation would have been $10,000) Interest income on Iowa state bonds

$110,000 70,000 44,000 40,000 8,000

Rose Corporation’s current E & P is: a. $254,000. b. $214,000. c. $194,000. d. $104,000.

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Chap_13_2023 43. Which of the following statements regarding constructive dividends is not correct? a. Constructive dividends do not need to be formally declared or designated as a dividend. b. Constructive dividends need not be paid pro rata to the shareholders. c. Corporations that receive constructive dividends may not use the dividends received deduction. d. Constructive dividends are taxable as dividends only to the extent of earnings and profits. 44. Seven years ago, Eleanor transferred property she had used in her sole proprietorship to Blue Corporation for 2,000 shares of Blue Corporation in a transaction that qualified under § 351. The assets had a tax basis to her of $400,000 and a fair market value of $700,000 on the date of the transfer. In the current year, Blue Corporation (E & P of $1,000,000) redeems 600 shares from Eleanor for $260,000 in a transaction that qualifies for sale or exchange treatment. With respect to the redemption, Eleanor will have a: a. $140,000 dividend. b. $260,000 dividend. c. $140,000 capital gain. d. $260,000 capital gain. 45. Purple Corporation has accumulated E & P of $100,000 on January 1, 2022. In 2022, Purple has current E & P of $130,000 (before any distribution). On December 31, 2022, the corporation distributes $250,000 to its sole shareholder, Cara (an individual). Purple Corporation’s E & P as of January 1, 2023 is: a. $0. b. ($20,000). c. $100,000. d. $130,000. 46. Maria and Christopher each own 50% of Cockatoo Corporation, a calendar year taxpayer. Distributions from Cockatoo are $750,000 to Maria on April 1 and $250,000 to Christopher on May 1. Cockatoo’s current E & P is $300,000 and its accumulated E & P is $600,000. How much of the accumulated E & P is allocated to Christopher’s distribution? a. $0 b. $75,000 c. $150,000 d. $300,000

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Chap_13_2023 47. Silver Corporation, a calendar year taxpayer, has taxable income of $550,000. Among its transactions for the year are the following: Collection of proceeds from insurance policy on life of corporate officer (in excess of cash surrender value) Realized gain (not recognized) on an involuntary conversion Nondeductible fines and penalties

$82,500 11,000 44,000

Disregarding any provision for Federal income taxes, Silver Corporation’s current E & P is: a. $500,500. b. $588,500. c. $599,500. d. $687,500. 48. During the current year, Hawk Corporation sold equipment for $600,000 (adjusted basis of $360,000). The equipment was purchased a few years ago for $760,000 and $400,000 in MACRS deductions have been claimed. ADS depreciation would have been $300,000. As a result of the sale, the adjustment to taxable income needed to determine current E & P is: a. No adjustment is required. b. Subtract $100,000. c. Add $100,000. d. Add $80,000. 49. Finch Corporation distributes property (basis of $225,000, fair market value of $300,000) to a shareholder in a distribution that is a qualifying stock redemption. The property is subject to a liability of $160,000, which the shareholder assumes. The basis of the property to the shareholder is: a. $-0-. b. $140,000. c. $225,000. d. $300,000. 50. Brett owns stock in Oriole Corporation (basis of $100,000) as an investment. Oriole distributes property (fair market value of $375,000; basis of $187,500) to him during the year. Oriole has current E & P of $25,000 (which includes the E & P gain on the property distribution), accumulated E & P of $100,000, and makes no other distributions during the year. What is Brett’s capital gain on the distribution? a. $0 b. $100,000 c. $150,000 d. $187,500

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Chap_13_2023 51. Which one of the following statements about property distributions is false? a. When the basis of distributed property is greater than its fair market value, a deficit may be created in E & P. b. When the basis of distributed property is less than its fair market value, the distributing corporation recognizes gain. c. When the basis of distributed property is greater than its fair market value, the distributing corporation does not recognize loss. d. The amount of a distribution received by a shareholder is measured by using the property’s fair market value. 52. Purple Corporation makes a property distribution to its sole shareholder, Kyung. The property distributed is a house (fair market value of $189,000; basis of $154,000) that is subject to a $245,000 mortgage that Kyung assumes. Before considering the consequences of the distribution, Purple’s current E & P is $35,000 and its accumulated E & P is $140,000. Purple makes no other distributions during the current year. What is Purple’s taxable gain on the distribution of the house? a. $0 b. $21,000 c. $35,000 d. $91,000 53. Cedar Corporation is a calendar year taxpayer formed in 2018. Cedar’s E & P before distributions for each of the past five years is listed below. 2022 2021 2020 2019 2018

$28,000 $40,000 $39,000 $68,000 $16,000

Cedar Corporation made the following distributions in the previous five years. 2021 2018

Land (basis of $70,000, fair market value of $80,000) $20,000 cash

Cedar’s accumulated E & P as of January 1, 2023 is: a. $91,000. b. $95,000. c. $101,000. d. $105,000.

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Chap_13_2023 54. Robin Corporation distributes furniture (basis of $40,000; fair market value of $50,000) as a property dividend to its shareholders. The furniture is subject to a liability of $55,000. Robin Corporation recognizes gain of: a. $55,000. b. $15,000. c. $10,000. d. $0. 55. Renee, the sole shareholder of Indigo Corporation, sold her stock to Chad on July 1 for $180,000. Renee’s stock basis at the beginning of the year was $120,000. Indigo made a $60,000 cash distribution to Renee immediately before the sale and Chad received a $120,000 cash distribution from Indigo on November 1. As of the beginning of the current year, Indigo had $26,000 in accumulated E & P and current E & P (before distributions) was $90,000. Which of the following statements is correct? a. Renee recognizes a $60,000 gain on the sale of the stock. b. Renee recognizes a $64,000 gain on the sale of the stock. c. Chad recognizes dividend income of $120,000. d. Chad recognizes dividend income of $30,000. 56. Tern Corporation, a cash basis taxpayer, has taxable income of $500,000 for the current year. Tern elected $25,000 of § 179 expense. It also had a related-party loss of $20,000 and a realized (not recognized) gain from an involuntary conversion of $75,000. It paid Federal income tax of $150,000 and paid a nondeductible fine of $10,000. Tern’s current E & P is: a. $415,000. b. $350,000. c. $340,000. d. $320,000. 57. Seven years ago, Eleanor transferred property she had used in her sole proprietorship to Blue Corporation for 2,000 shares of Blue Corporation in a transaction that qualified under § 351. The assets had a tax basis to her of $400,000 and a fair market value of $700,000 on the date of the transfer. In the current year, Blue Corporation (E & P of $1,000,000) redeems 600 shares from Eleanor for $260,000 in a transaction that does not qualify for sale or exchange treatment. With respect to the redemption, Eleanor will have a: a. $140,000 dividend. b. $260,000 dividend. c. $140,000 capital gain. d. $260,000 capital gain.

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Chap_13_2023 58. Tangelo Corporation has an August 31 year-end. Tangelo had $50,000 in accumulated E & P at the beginning of its 2023 fiscal year (September 1, 2022) and during the year, it incurred a $75,000 operating loss. It also distributed $65,000 to its sole shareholder, Cass, on November 30, 2022. If Cass is a calendar year taxpayer, how should she treat the distribution when she files her 2022 income tax return (assuming the return is filed by April 15, 2023)? a. $65,000 of dividend income. b. $60,000 of dividend income and $5,000 recovery of capital. c. $50,000 of dividend income and $15,000 recovery of capital. d. The distribution has no effect on Cass in the current year. 59. Ten years ago, Carrie purchased 2,000 shares of common stock in Osprey Corporation for $20,000. In the current year, Carrie receives a nontaxable stock dividend of 20 shares of Osprey preferred. Values at the time of the dividend are $8,000 for the preferred stock and $72,000 for the common. Based on this information, Carrie’s basis in the stock is: a. $20,000 in the common and $8,000 in the preferred. b. $2,000 in the common and $18,000 in the preferred. c. $18,000 in the common and $2,000 in the preferred. d. $19,802 in the common and $198 in the preferred. 60. Aaron and Michele, equal shareholders in Cavalier Corporation, receive $25,000 each in distributions on December 31 of the current year. During the current year, Cavalier sold an appreciated asset for $60,000 (basis of $15,000). Payment for the sale of the asset will be made as follows: 50% next year and 50% in the following year with interest payable at a rate of 6 percent. Before considering the effect of the asset sale, Cavalier’s current-year E & P is $40,000 and it has no accumulated E & P. How much of Aaron’s distribution will be taxed as a dividend? a. $0 b. $20,000 c. $25,000 d. $42,500 61. At the beginning of the current year, both Doug and Amelia each own 50% of Amaryllis Corporation (a calendar year taxpayer). In July, Doug sold his stock to Kevin for $140,000. At the beginning of the year, Amaryllis Corporation had accumulated E & P of $240,000 and its current E & P is $280,000 (prior to any distributions). Amaryllis distributed $300,000 on February 15 ($150,000 to Doug and $150,000 to Amelia) and distributed another $300,000 on November 1 ($150,000 to Kevin and $150,000 to Amelia). Kevin has dividend income of: a. $150,000. b. $140,000. c. $110,000. d. $70,000.

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Chap_13_2023 62. Blue Corporation has a deficit in accumulated E & P of $300,000 and has current E & P of $225,000. On July 1, Blue distributes $250,000 to its sole shareholder, Sam, who has a basis in his stock of $52,500. As a result of the distribution, Sam has: a. Dividend income of $225,000 and reduces his stock basis to $27,500. b. Dividend income of $52,500 and reduces his stock basis to zero. c. Dividend income of $225,000 and no adjustment to stock basis. d. No dividend income, reduces his stock basis to zero, and has a capital gain of $250,000. 63. Starling Corporation has accumulated E & P of $60,000 on January 1, 2022. In 2022, Starling Corporation had an operating loss of $80,000. It distributed cash of $40,000 to Zoe, its sole shareholder, on December 31, 2022. Starling Corporation’s balance in its E & P account as of January 1, 2023, is: a. $60,000 deficit. b. $20,000 deficit. c. $0. d. $60,000. 64. Tungsten Corporation, a calendar year cash basis taxpayer, made estimated tax payments of $800 each quarter in 2022, for a total of $3,200. Tungsten filed its 2022 tax return in 2023 and the return showed a tax liability $4,200. When it filed its tax return in 2023, Tungsten paid an additional $1,000 in Federal income taxes. How does the additional payment of $1,000 impact Tungsten’s E & P? a. Increase by $1,000 in 2022. b. Increase by $1,000 in 2023. c. Decrease by $1,000 in 2022. d. Decrease by $1,000 in 2023. 65. Navy Corporation has E & P of $240,000. It distributes land with a fair market value of $70,000 (adjusted basis of $25,000) to its sole shareholder, Troy. The land is subject to a liability of $55,000 that Troy assumes. Troy has: a. A taxable dividend of $15,000. b. A taxable dividend of $25,000. c. A taxable dividend of $70,000. d. A basis in the machinery of $55,000. 66. The tax treatment of corporate distributions at the shareholder level does not depend on: a. The character of the property being distributed. b. The earnings and profits of the corporation. c. The basis of stock in the hands of the shareholder. d. Whether the distributed property is received by an individual or a corporation. 67. Which of the following statements is incorrect with respect to determining current E & P? a. All tax-exempt income should be added back to taxable income. b. Dividends received deductions should be subtracted from taxable income. c. Current-year charitable contributions in excess of the 10% of taxable income limit should be subtracted from taxable income. d. Federal income tax refunds should be added back to taxable income. Copyright Cengage Learning. Powered by Cognero.

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Chap_13_2023 68. Jasmine is the sole shareholder of Condor Corporation. She sold her stock to Melissa on October 31 for $150,000. Jasmine’s basis in Condor stock was $50,000 at the start of the year. Condor distributed land to Jasmine immediately before the sale. Condor’s basis in the land was $20,000 (fair market value of $25,000). On December 31, Melissa received a $75,000 cash distribution from Condor. During the year, Condor has $20,000 of current E & P and its accumulated E & P balance on January 1 is $10,000. Which of the following statements is true? a. Jasmine recognizes a $110,000 gain on the sale of her stock. b. Jasmine recognizes a $100,000 gain on the sale of her stock. c. Melissa receives $5,000 of dividend income. d. Jasmine receives $20,000 of dividend income. 69. In the current year, Warbler Corporation (E & P of $250,000) made the following property distributions to its shareholders (all corporations):

Pink Corporation stock (held for investment) Non-LIFO inventory

Adjusted Basis $150,000 80,000

Fair Market Value $120,000 110,000

Warbler Corporation is not a member of a controlled group. As a result of the distribution: a. The shareholders have dividend income of $200,000. b. The shareholders have dividend income of $230,000. c. Warbler has a recognized gain of $30,000 and a recognized loss of $30,000. d. Warbler has no recognized gain or loss. 70. Rust Corporation distributes property to its sole shareholder, Andre. The property has a fair market value of $350,000, an adjusted basis of $205,000, and is subject to a liability of $220,000. Current E & P is $500,000. With respect to the distribution, which of the following statements is correct? a. Rust has a gain of $15,000 and Andre has dividend income of $350,000. b. Rust has a gain of $145,000 and Andre’s basis in the distributed property is $130,000. c. Rust has a gain of $130,000 and Andre’s basis in the distributed property is $350,000. d. Rust has a gain of $145,000 and Andre has dividend income of $130,000. 71. Robin Corporation, a calendar year taxpayer, has a deficit in current E & P of $200,000 and a $580,000 positive balance in accumulated E & P. If Robin determines that a $700,000 distribution to its shareholders is appropriate at some point during the year, what is the maximum amount of the distribution that could potentially be treated as a dividend? a. $0 b. $380,000 c. $480,000 d. $580,000

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Chap_13_2023 72. Pheasant Corporation, a calendar year taxpayer, has $400,000 of current E & P and a deficit in accumulated E & P of $180,000. If Pheasant pays a $600,000 distribution to its shareholders on July 1, how much dividend income do the shareholders report? a. $0 b. $20,000 c. $220,000 d. $400,000 73. On January 1, Eagle Corporation (a calendar year taxpayer) has accumulated E & P of $300,000. During the year, Eagle incurs a net loss of $420,000 from operations that accrues ratably. On June 30, Eagle distributes $180,000 to Libby, its sole shareholder, who has a basis in her stock of $112,500. How much of the $180,000 is a dividend to Libby? a. $0 b. $90,000 c. $112,500 d. $180,000 74. As of January 1, Cassowary Corporation has a deficit in accumulated E & P of $100,000. For the tax year, current E & P (accrued ratably) is $240,000 (prior to any distributions). On July 1, Cassowary Corporation distributes $275,000 to its sole shareholder. The amount of the distribution that is a dividend is: a. $20,000. b. $140,000. c. $240,000. d. $275,000. 75. Inka and Eva each own one-half of the stock in Parakeet Corporation, a calendar year taxpayer. Cash distributions from Parakeet are $350,000 to Inka on April 1 and $150,000 to Eva on May 1. If Parakeet’s current E & P is $60,000, how much is allocated to Eva’s distribution? a. $5,000 b. $10,000 c. $18,000 d. $30,000 76. Puffin Corporation makes a property distribution to its sole shareholder, Bonnie. The property distributed is a car (basis of $30,000; fair market value of $20,000) that is subject to a $6,000 liability, which Bonnie assumes. Puffin has no accumulated E & P and $30,000 of current E & P from other sources during the year. What is Puffin’s E & P after taking into account the distribution of the car? a. $4,000 b. $6,000 c. $10,000 d. $14,000

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Chap_13_2023 Using the legend provided, classify each statement accordingly. In all cases, assume that taxable income is being adjusted to arrive at current E & P for 2022. a. Increase b. Decrease c. No effect 77. Gain on installment sale in 2022 deferred until 2023. 78. Interest received from municipal bonds in 2022. 79. Federal income tax refunds from tax paid in prior years. 80. Loss on sale between related parties in 2022. 81. Meal expense not deducted in 2022 because of the 50% limitation. 82. Cash dividends distributed to shareholders in 2022. 83. Gain realized but not recognized in a like-kind exchange transaction in 2022. 84. Additional first-year (bonus) depreciation deduction claimed in 2022. 85. Premiums paid on key employee life insurance policy (assume no increase in cash surrender value of policy) in 2022. 86. Section 179 expense in second year following election.

Using the legend provided, classify each statement accordingly. In All cases, assume that taxable income is being adjusted to arrive at current E & P for 2022. a. Increase b. Decrease c. No effect 87. Penalties paid to state government for failure to comply with state law. 88. Dividends received deduction. 89. Charitable contribution carryforward deducted in the current year. 90. Intangible drilling costs deducted currently. 91. Gain realized (but not recognized) on a like-kind exchange. 92. A decrease in the LIFO recapture amount during the year. 93. Excess capital loss in year incurred. 94. State income tax paid in the current year. 95. Proceeds of life insurance received upon the death of a key employee (policy had no cash surrender value).

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Chap_13_2023 96. Ivory Corporation (E & P of $1,000,000) has 2,000 shares of common stock outstanding owned by unrelated parties as follows: Veronica, 1,000 shares, and Tommie, 1,000 shares. Both Veronica and Tommie paid $150 per share for the Ivory stock 12 years ago. In May of the current year, Ivory distributes land held as an investment (basis of $180,000, fair market value of $390,000) to Veronica in redemption of 350 of her shares. a.

What are the tax results to Veronica on the redemption of her Ivory stock?

What are the tax results to Ivory Corporation on the distribution of the land?

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Chap_13_2023 97. Pebble Corporation, an accrual basis taxpayer, has struggled to survive since its formation six years ago. As a result, it has a deficit in accumulated E & P of $340,000 at the beginning of the year. This year, however, Pebble earned a significant profit; taxable income was $240,000. Consequently, Pebble made two cash distributions to Martha, its sole shareholder: $150,000 on July 1 and $200,000 December 31. The following information might be relevant to determining the tax treatment of the distributions. ∙

This year’s taxable income included a net operating loss carryover of $50,000.

∙

The corporation’s Federal income tax liability is $50,400 for the year.

∙

Pebble paid nondeductible fines and kickbacks of $10,000. The company also paid nondeductible life insurance premiums of $22,000.

∙

The cash surrender value of the corporate-owned life insurance policies increased by $11,000 during the year.

∙

The company sold a piece of equipment during the year and reported a § 1231 gain of $105,000 and recapture income under § 1245 of $35,000. There were no other § 1231 transactions during the year, but the corporation did have a capital loss carryforward of $30,000.

∙

MACRS depreciation exceeds E & P depreciation by $14,000. In addition, an election under § 179 was made this year for $18,000 of assets.

Compute Pebble’s E & P for the year.

What are the tax consequences of the two distributions made during the year to Martha (her stock basis is $64,000)?

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Chap_13_2023 98. Sylvia owns 25% of Cormorant Corporation, which sells diamonds to retail jewelry businesses. While Cormorant has a deficit in accumulated E & P of $56,000 at the beginning of the year, its current E & P is $500,000. Since the company had a successful year, Cormorant pays a $36,000 distribution to each of the company’s four shareholders on December 15. Three shareholders receive cash, but Cormorant distributes a diamond (adjusted basis of $40,000 and a fair market value of $36,000) to Sylvia in lieu of cash. Determine the effect of distributing the diamond on Cormorant’s and on Sylvia’s taxable income. What is Sylvia’s basis in the diamond? Was the distribution good tax planning on the part of Cormorant? Why or why not?

99. Jen, the sole shareholder of Mahogany Corporation, sold her stock to Jason on July 1 for $90,000. Jen’s stock basis at the beginning of the year was $60,000. Mahogany made a $30,000 cash distribution to Jen immediately before the sale, and Jason received a $60,000 cash distribution from Mahogany on November 1. As of the beginning of the current year, Mahogany had $16,000 in accumulated E & P, and current E & P (before distributions) is $30,000. What are the tax consequences of these transactions to Jen and Jason?

100. Ashley, the sole shareholder of Hawk Corporation, has a stock basis of $200,000 at the beginning of the year. On July 1, she sells all of her stock to Francisco for $1,000,000. On January 1, Hawk has accumulated E & P of $90,000 and during the year, current E & P of $160,000. Hawk makes the following cash distributions: $270,000 to Ashley on March 31 and $90,000 to Francisco on December 1. How are the distributions to Ashley and Francisco taxed? What is Ashley’s recognized gain on the sale to Francisco?

101. Tanya is in the 32% tax bracket. She acquired 1,000 shares of stock in Swan Corporation seven years ago for $100 a share. In the current year, Swan Corporation (E & P of $1,200,000) redeems all of Tanya's shares for $160,000. What are the income tax consequences to Tanya if: a.

The redemption qualifies for sale or exchange treatment and Tanya has no other transactions in the current year involving capital assets?

The redemption does not qualify for sale or exchange treatment?

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Chap_13_2023 102. On January 1, Tulip Corporation (a calendar year taxpayer) has accumulated E & P of $300,000. Its current E & P for the year is $90,000 (before considering dividend distributions). During the year, Tulip distributes $600,000 ($300,000 each) to its equal shareholders, Anne and Tom. Anne has a basis in her stock of $65,000, and Tom’s basis is $120,000. What is the effect of the distribution by Tulip Corporation on Anne and Tom?

103. Albatross Corporation acquired land for investment purposes in 2007 at a cost of $100,000. Albatross sold the land to Monty on December 30, 2022, and did not elect out of the installment method of accounting. The selling price of the property was $400,000. Monty made a cash down payment of $50,000 on the date of sale and executed a $350,000 note, payable in seven annual installments of $50,000 each plus interest at the rate of 6% per annum. The first installment of $50,000 was due in 2023 which Monty paid, plus interest of $21,000. Discuss the effect of this sale on Albatross’s taxable income and its E & P account in 2022 and 2023.

104. Brown Corporation, an accrual basis corporation, has taxable income of $150,000 in the current year. Included in its determination of taxable income are the following transactions. ∙ ∙ ∙ ∙ ∙

Brown incurred a $65,000 capital loss from the sale of stock. Because Brown had no capital gains this year, none of the loss is deductible. The corporation’s Federal income tax liability is $31,500. Brown incurred $18,000 in nondeductible meal expenses. Brown uses the LIFO method when accounting for inventory. This year, the company’s LIFO recapture amount increased by $3,000. Brown claimed a dividends received deduction of $1,500.

What is Brown’s current E & P for the year?

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Chap_13_2023 105. Stephanie is the sole shareholder and president of Hawk Corporation. She feels that she can justify at least a $220,000 bonus this year because of her performance. However, rather than a bonus in the form of a salary, she plans to have Hawk pay her a $220,000 dividend. Because Stephanie’s marginal tax rate is 32%, she prefers to receive a dividend taxed at 15%. Her accountant, however, suggests a $275,000 bonus in lieu of the $220,000 dividend since Hawk Corporation is in the 21% tax bracket. Should Stephanie take the $220,000 dividend or the $275,000 bonus? Support your answer by computing the after-tax cost of the two alternatives to Hawk and to Stephanie.

106. At the beginning of the current year, both Paul and John own 50% of Apple Corporation. In July, Paul sold his stock to Sarah for $110,000. At the beginning of the year, Apple Corporation had accumulated E & P of $200,000 and its current E & P is $250,000 (prior to any distributions). Apple distributed $260,000 on March 1 ($130,000 to Paul and $130,000 to John) and distributed another $260,000 on October 1 ($130,000 to Sarah and $130,000 to John). What are the tax implications of the $130,000 distribution to Sarah?

107. On January 1, Gold Corporation (a calendar year taxpayer) has E & P of $30,000 and generates no additional E & P during the year. On March 31, the corporation distributes $40,000 to its sole shareholder, Ava (basis in stock of $8,000). Determine the effect of the distribution on Ava’s taxable income and stock basis.

108. Scarlet Corporation is an accrual basis, calendar year corporation. Scarlet distributes inventory (basis of $20,000; fair market value of $40,000) to Frank, its shareholder. Assuming that Scarlet has $500,000 of current E & P, what is the impact of the distribution on Scarlet Corporation and on Frank?

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Chap_13_2023 109. Daisy Corporation is the sole shareholder of Ostrich Corporation, which it hopes to sell within the next three years. The Ostrich stock (basis of $25,000,000) is currently worth $30,000,000, but Daisy believes that it would be easier to find a buyer if it was worth less. To lower the value of its stock, Ostrich distributes $4,000,000 cash to Daisy (sufficient E & P exists to cover the distribution). At a later date, Daisy sells Ostrich for $26,000,000. a.

What are the tax consequences to Daisy on the sale?

What would be the tax consequences if Ostrich had not first distributed the $4,000,000 in cash and Daisy sold the Ostrich stock for $30,000,000?

110. Thrush, Inc., is a calendar year, accrual basis corporation with Haruki as its sole shareholder (basis in his stock is $90,000). On January 1 of the current year, Thrush has accumulated E & P of $200,000. Before considering the effect of the distribution described below, the corporation’s current E & P is $50,000. On November 1, Thrush distributes an office building to Haruki. The office building has an adjusted basis of $80,000 (fair market value of $100,000) and is subject to a mortgage of $110,000. Assume that the building has been depreciated using the ADS method for both income tax and E & P purposes. What are the tax consequences of the distribution to Thrush and to Haruki? (In your answer, be sure to describe the effects on taxable income for both Thrush and Haruki, the impact of the distribution on Thrush’s E & P, and Haruki’s basis in the building.)

111. Steve has a capital loss carryover of $30,000 in the current year. He owns 3,000 shares of stock in Carmine Corporation, which he purchased six years ago for $20 per share. In the current year, Carmine Corporation (E & P of $750,000) redeems all of his shares for $140,000. Steve is in the 32% tax bracket. What is his income tax liability with respect to the corporate distribution if: a.

The redemption qualifies for sale or exchange treatment, and Steve has no other transactions in the current year involving capital assets?

The redemption does not qualify for sale or exchange treatment, and Steve has no other transactions in the current year involving capital assets?

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Chap_13_2023 112. Maria owns 75% and Christopher owns 25% of Cockatoo Corporation, a calendar year taxpayer. Cockatoo makes a $600,000 distribution to Maria on April 1 and a $200,000 distribution to Christopher on May 1. Cockatoo’s current E & P is $120,000 and its accumulated E & P is $500,000. What are the tax implications of the distributions to Maria and Christopher?

113. Kite Corporation, a calendar year taxpayer, has taxable income of $360,000 for 2023. Among its transactions for the year are the following: Collection of proceeds from insurance policy on life of corporate officer (in excess of cash surrender value) $ 9,000 Realized gain (not recognized) on an involuntary conversion 10,000 Nondeductible fines and penalties 21,000 Disregarding any provision for Federal income taxes, determine Kite Corporation’s current E & P for 2023.

114. Finch Corporation (E & P of $400,000) distributed machinery ($10,000 adjusted basis, $150,000 fair market value) to its sole shareholder, Kathleen. The property is subject to a $50,000 mortgage, which Kathleen assumed. How much dividend income does Kathleen recognize as a result of the distribution and what is her basis in the machinery?

115. Provide a brief outline on computing current E & P.

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Chap_13_2023 116. Antonio owns 100% of Forsythia Corporation’s stock. Corporate employees and annual salaries include Antonio ($300,000); Richard, Antonio’s son ($80,000); Rita, Antonio’s daughter ($100,000); and Sandy ($120,000). The operation of Forsythia Corporation is shared about equally between Antonio and Sandy (an unrelated party). Richard and Rita are full-time college students at a university about 150 miles away. Forsythia Corporation has substantial E & P but has not distributed a dividend for the past five years. Discuss problems related to the salary arrangement for Forsythia Corporation.

117. Briefly describe the reason a corporation might distribute a property dividend to a shareholder in lieu of a cash distribution. Describe the tax effects of the property distribution on the shareholder and on the corporation.

118. Briefly discuss the rules related to distributions of noncash property.

119. What is a constructive dividend? Provide several examples of the term.

120. How does the definition of accumulated E & P differ from the definition of current E & P?

121. How does the payment of a property dividend affect E & P?

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Chap_13_2023 122. Gold Corporation has accumulated E & P of $2,000,000 as of January 1 of the current year. During the year, it expects to have earnings from operations of $1,680,000 and to distribute $900,000 in cash to shareholders. Gold Corporation also expects to sell an asset for a loss of $2,000,000. Thus, it anticipates incurring a deficit of $320,000 for the year. What can Gold do to minimize the amount of dividend income to its shareholders?

123. Christian, the president and sole shareholder of Venture Corporation, is paid an annual salary of $150,000. Christian would like to draw additional funds from the corporation but is concerned that an increased salary might cause the IRS to contend that his salary is unreasonable. Further, Christian does not want the corporation to pay any dividends. He would like to contribute $40,000 to his alma mater to establish scholarships for needy students. If Christian makes a pledge to the university to provide $40,000 for scholarships, would there be a problem if Venture Corporation paid the pledge on his behalf? Explain.

124. In general, how are current and accumulated earnings and profits allocated to corporate distributions?

125. Briefly define the term “earnings and profits.”

126. Do noncorporate and corporate shareholders typically have the same preference for the tax treatment of a stock redemption? Explain.

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Chap_13_2023 Answer Key 1. True 2. False 3. False 4. False 5. False 6. True 7. False 8. True 9. True 10. False 11. True 12. False 13. False 14. False 15. True 16. False 17. True 18. False 19. True 20. True 21. True 22. False 23. True 24. False 25. True 26. False

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Chap_13_2023 27. True 28. False 29. False 30. False 31. False 32. False 33. False 34. True 35. False 36. True 37. True 38. False 39. d 40. b 41. b 42. a 43. c 44. c 45. a 46. b 47. b 48. b 49. d 50. c 51. a 52. d 53. d 54. b Copyright Cengage Learning. Powered by Cognero.

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Chap_13_2023 55. b 56. c 57. b 58. a 59. c 60. c 61. c 62. a 63. b 64. d 65. a 66. a 67. b 68. a 69. b 70. d 71. d 72. d 73. b 74. c 75. c 76. b 77. a 78. a 79. a 80. b 81. b 82. b Copyright Cengage Learning. Powered by Cognero.

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Chap_13_2023 83. c 84. a 85. b 86. b 87. b 88. a 89. a 90. a 91. c 92. b 93. b 94. c 95. a 96. a.

Veronica has a long-term capital gain of $337,500 [$390,000 (amount realized) – $52,500 (stock basis)]. The distribution qualifies as a disproportionate redemption under § 302(b)(2). Veronica has a 50% (1,000 shares ÷ 2,000 shares) ownership interest in Ivory Corporation before the redemption and a 39.4% (650 shares ÷ 1,650 postredemption shares) ownership interest after the redemption. Both the 50% and the 80% [i.e., 39.4% < 40% (80% × 50%)] tests are met. Veronica will have a basis of $390,000 in the land.

Ivory Corporation has a recognized capital gain of $210,000 [$390,000 (fair market value) – $180,000 (adjusted basis)] on the distribution of the land. Gains (but not losses) are recognized in nonliquidating distributions. In a qualifying stock redemption, E & P is reduced by no more than the ratable share of the E & P attributable to the stock redeemed; thus, Ivory reduces its E & P by $175,000 [$1,000,000 E & P × 17.5% (percentage of stock redeemed) (less than the redemption price of $390,000)].

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Chap_13_2023 97. a. Taxable income Net operating loss carryover Federal income tax Fines and kickbacks Life insurance premiums Cash surrender value of life insurance Capital loss carryforward Excess of MACRS depreciation over E & P depreciation Section 179 expense (80% × $18,000) Current E & P b.

$ 240,000 50,000 (50,400) (10,000) (22,000) 11,000 30,000 14,000 14,400 $ 277,000

Martha has a dividend of $277,000 (the amount of the current E & P). The distributions during the year exceed current E & P by $73,000 ($350,000 – $277,000). Consequently, Martha’s stock basis is reduced to $0 and she has a capital gain equal to the extent to which the $73,000 exceeds her stock basis ($64,000), or $9,000.

98. Losses on distributed property are not recognized at the corporate level, so there is no impact on Cormorant’s taxable income. Because there is sufficient current E & P to cover the distribution, Sylvia has a taxable dividend of $36,000 and her basis in the diamond is also $36,000. The distribution reflects poor tax planning by Cormorant because the built-in $4,000 loss on the diamond ($36,000 fair market value – $40,000 adjusted basis) has been wasted. If Cormorant had sold the diamond for its $36,000 fair market value, it could have recognized the loss. The $36,000 cash received from the sale would be distributed to Sylvia instead. 99. The $30,000 in current E & P is allocated on a pro rata basis to the two distributions made during the year; thus, $10,000 of current E & P is allocated to Jen ($30,000 × $30,000/$90,000) and $20,000 is allocated to Jason ($30,000 × $60,000/$90,000). Because accumulated E & P is allocated in chronological order, all of Mahogany’s $16,000 of accumulated E & P is allocated to Jen’s distribution. Therefore, the distribution to Jen is treated as a $26,000 dividend and a $4,000 reduction in stock basis. Jason’s distribution consists of a $20,000 dividend and a $40,000 reduction in stock basis. Because Jen sells her stock for $90,000 and her basis immediately after the distribution is $56,000 ($60,000 original basis – $4,000 recovery of capital), she has a $34,000 gain on the sale. 100. The $160,000 in current E & P is allocated pro rata to the two distributions made during the year; thus, $120,000 is allocated to Ashley and $40,000 is allocated to Francisco. Because accumulated E & P is applied in chronological order, it is allocated entirely to Ashley. Consequently, of the $270,000 distribution to Ashley on March 31, $210,000 is taxed as dividend income [$90,000 (accumulated E & P) + $120,000 (current E & P)] and the remaining $60,000 reduces her stock basis to $140,000. She then recognizes a capital gain of $860,000 on the sale of her stock [$1,000,000 (sales price) – $140,000 (remaining stock basis)]. As to the $90,000 distribution to Francisco, $40,000 is taxed as a dividend (from current E & P) and the remaining $50,000 reduces his basis to $950,000 [$1,000,000 (original basis) – $50,000 (return of capital)]. Copyright Cengage Learning. Powered by Cognero.

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Chap_13_2023 101. a.

If the redemption qualifies for sale or exchange treatment, Tanya will have a long-term capital gain of $60,000 [$160,000 (amount realized) – $100,000 (stock basis)]. Her income tax liability on the $60,000 gain will be $9,000 ($60,000 × 15%).

If the redemption distribution of $160,000 does not qualify as a sale or exchange, it will be treated as dividend income and Tanya's tax liability will be $24,000 ($160,000 × 15%). (The entire $160,000 will be subject to tax at the 15% rate; Tanya will have no basis offset.)

102. Anne and Tom each have dividend income of $195,000 {[$300,000 (Tulip’s accumulated E & P) + $90,000 (Tulip’s current E & P)] ÷ 2}. The remaining $210,000 distributed reduces the basis in Tulip stock with the excess treated as capital gain. Thus, Anne reduces her stock basis to zero and has a capital gain of $40,000 [($210,000 distribution in excess of E & P ÷ 2) – $65,000 basis]. Tom reduces his stock basis to $15,000 [$120,000 basis – ($210,000 distribution in excess of E & P ÷ 2)]. 103. The gross profit percentage on the sale is 75%, computed as follows: [$300,000 (gross profit) ÷ $400,000 (selling price)]. In 2022, Albatross includes a long-term capital gain of $37,500 in its taxable income (75% of the $50,000 cash down payment). However, the entire gain of $300,000 increases E & P in 2022. Thus, to compute E & P, taxable income will be increased by the $262,500 gain not already recognized ($300,000 total gain less $37,500 gain recognized in 2022). In 2023, Albatross Corporation again includes a long-term capital gain of $37,500 in taxable income (75% of the $50,000 installment), plus ordinary interest income of $21,000. In determining its 2023 E & P, it reduces taxable income by $37,500. 104. Taxable income Current-year capital loss Federal income tax Nondeductible meal expenses LIFO recapture adjustment Dividends received deduction Current E & P

$ 150,000 (65,000) (31,500) (18,000) 3,000 1,500 $ 40,000

105. Stephanie should choose the $275,000 bonus instead of the $220,000 dividend because the after-tax benefit to her is the same and the after-tax cost for Hawk is less. Stephanie’s after-tax benefit for the bonus is $187,000 [$275,000 × (1 – 0.32)], while her after-tax benefit for the dividend is $187,000 [$220,000 × (1 – 0.15)]. Hawk Corporation’s after-tax cost for the bonus is $217,250 [$275,000 bonus – ($275,000 × 0.21) taxes saved], and its after-tax cost for the dividend is $220,000 (the dividend is not deductible).

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Chap_13_2023 106. Because current E & P is allocated on a pro rata basis to distributions made during the year, one-half, or $125,000 ($250,000 × $260,000/$520,000), is allocated to the March 1 distribution and one-half ($125,000) is allocated to the October 1 distribution. The $200,000 of accumulated E & P is allocated chronologically. As a result, on March 1, Apple has $325,000 of dividend-paying capacity ($125,000 of current E & P and $200,000 of accumulated E & P). Therefore, the March 1 distribution is entirely treated as a dividend and Apple has $65,000 of accumulated E & P remaining after the distribution. On October 1, Apple has $190,000 of dividend-paying capacity ($125,000 of current E & P and $65,000 of accumulated E & P). So, of the $260,000 distribution, $190,000 is treated as a dividend and, as a 50% shareholder, Sarah’s share of this is $95,000. Thus, of the $130,000 received by Sarah, $95,000 is a dividend distributed from E & P ($62,500 current E & P + $32,500 accumulated E & P), and the remaining $35,000 is a nontaxable recovery of capital. Consequently, her stock basis is reduced to $75,000 ($110,000 – $35,000). 107. Ava recognizes dividend income of $30,000 (the amount of E & P distributed). In addition, she reduces her stock basis from $8,000 to zero and recognizes a taxable capital gain of $2,000 (the excess of the distribution over the stock basis). 108. Scarlet’s E & P is increased by the $20,000 gain [$40,000 (fair market value) – $20,000 (adjusted basis)] and decreased by the $40,000 fair market value of the distribution. Frank has dividend income of $40,000. 109. a.

Because Daisy is the sole shareholder of Ostrich, it has a 100% dividends received deduction on the $4,000,000 cash distribution. Thus, Daisy Corporation is not taxed on the $4,000,000 distribution, and it has a gain on the sale of its stock in Ostrich of $1,000,000 [$26,000,000 (sales price) – $25,000,000 (stock basis)].

If Daisy had sold the stock for $30,000,000, Daisy would have a taxable gain on the sale of $5,000,000 [$30,000,000 (sales price) – $25,000,000 (stock basis)].

110. Thrush recognizes gain of $30,000 [$110,000 (liability) – $80,000 (adjusted basis)]. The $30,000 gain increases the corporation’s current E & P from $50,000 to $80,000. Because the liability exceeds the fair market value of the property, the distribution itself will not impact E & P. Haruki has no taxable income because the liability exceeds the fair market value of the property received. Further, Haruki’s basis in the office building is its deemed fair market value, or $110,000 (the amount of the liability assumed).

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Chap_13_2023 111. a.

Steve will have a long-term capital gain of $80,000 on the redemption [$140,000 (amount realized) – $60,000 (stock basis)]. Steve can offset the $30,000 capital loss carryover against the $80,000 of capital gain. His income tax liability on the remaining $50,000 gain will be $7,500 ($50,000 × 15%).

If the redemption distribution does not qualify for sale or exchange treatment, the entire $140,000 will be taxed as a dividend at 15%, producing a tax of $21,000. With no other capital gain transactions in the current year, Steve can deduct only $3,000 of the $30,000 capital loss carryover to offset his other (ordinary) income.

112. Current E & P is allocated on a pro rata basis to each distribution made during the year. Cockatoo Corporation made $800,000 of distributions during the year. Christopher’s distribution represents 25% ($200,000/$800,000) of that amount. Consequently, 25% of Cockatoo’s current E & P, or $30,000 ($120,000 × 25%), is allocated to Christopher’s distribution. Maria’s distribution represents 75% ($600,000/$800,000) of total distributions. Consequently, 75% of Cockatoo’s current E & P, or $90,000 ($120,000 × 75%), is allocated to Maria’s distribution. Accumulated E & P is applied in chronological order beginning with the earliest distribution. When Maria’s distribution is made, Cockatoo has $590,000 of dividend-paying capacity ($500,000 of accumulated E & P plus $90,000 of current E & P). Therefore, $590,000 of Maria’s distribution is treated as a dividend with the balance ($10,000) being a return of capital (to the extent of her stock basis) and then a capital gain. After this distribution, Cockatoo has no accumulated E & P remaining. When Christopher’s distribution is made, Cockatoo has $30,000 remaining in current E & P. Therefore, $30,000 of Christopher’s distribution is treated as a dividend with the balance ($170,000) being a return of capital (to the extent of his stock basis) and then a capital gain. After the distribution to Christopher, Cockatoo has no remaining current or accumulated E & P. 113. Taxable Income Plus: Life insurance proceeds in excess of CSV Less: Fines and penalties Current Earning & Profits

$ 360,000 9,000 (21,000) $ 348,000

The realized gain (not recognized) on the involuntary conversion has no effect on E & P. 114. As a result of the distribution, Kathleen has a taxable dividend of $100,000 [$150,000 (fair market value) – $50,000 (liability)].The basis of the property to Kathleen is its fair market value, or $150,000.

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Chap_13_2023 115. In general, the following formula can be used to compute current E & P:

+ – +/– +/– =

Taxable income (computed at end of tax year) Additions to taxable income Subtractions from taxable income Timing adjustments Accounting method adjustments Current E & P

116. The salaries paid to Richard and Rita are vulnerable to constructive dividend treatment. Neither appears to earn their salary. Although they are not shareholders, their relationship to Antonio is enough of a tie-in to raise the unreasonable compensation issue. There is also a problem regarding the $300,000 salary payment to Antonio. Why is he receiving $180,000 more than Sandy when it appears they share equally in the operation of the corporation? Forsythia Corporation has not distributed a dividend for the past five years although it has substantial E & P. The IRS might be successful in contending that the entire salaries paid to Richard and Rita are unreasonable compensation and that $180,000 of the salary paid to Antonio is unreasonable. 117. A corporation could distribute property to a shareholder because a shareholder may want a particular piece of property held by the corporation. Another reason might be that the corporation has low cash reserves but still wants to make a distribution to its shareholders. The amount distributed to the shareholder is measured by the fair market value of the property on the date of distribution. Like cash, the portion of a property distribution covered by existing E & P is a dividend, and any excess is treated as a return of capital. If the market value of the property distributed exceeds the corporation’s E & P and the shareholder’s basis in the stock investment, a capital gain usually results. The amount distributed is reduced by any liabilities to which the distributed property is subject immediately before and immediately after the distribution and by any liabilities of the corporation assumed by the shareholder. The basis of the distributed property for the shareholder is the fair market value of the property on the date of the distribution. All distributions of appreciated property generate gain to the distributing corporation. In effect, a corporation that distributes gain property is treated as if it had sold the property to the shareholder for its fair market value. However, the distributing corporation does not recognize loss on the distributions of property. If the distributed property is subject to a liability in excess of basis or the shareholder assumes such a liability, a special rule applies. For purposes of determining gain on the distribution, the fair market value of the property is treated as not being less than the amount of the liability (and this deemed fair market value will also be the basis of the property in the shareholder's hands). Corporate distributions reduce E & P by the greater of the fair market value or the adjusted basis of property distributed, less the amount of any liability on the property. E & P is increased by gain recognized on appreciated property distributed as a property dividend. A property distribution cannot generate a deficit in E & P or add to a deficit in E & P.

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Chap_13_2023 118. Amounts distributed as dividends in the form of property rather than cash are measured by the fair market value of the property on the date of distribution. This amount is reduced by any liabilities associated with the property that are assumed by the shareholder. A shareholder’s basis in the distributed property is its fair market value on the distribution date. Under § 311(b), gain (but not loss) is recognized to a corporation that distributes property as a dividend. The distribution of appreciated property is treated as if the property were sold to the shareholder at its fair market value. If the property distributed is subject to a liability, or if the shareholder assumes a liability that exceeds the basis of the distributed property, the fair market value of the property will not be less than the amount of the liability (and this deemed fair market value will also be the basis of the property in the shareholder's hands). The distributing corporation’s E & P is increased by any gain recognized on the appreciated property distributed. The distributing corporation’s E & P is reduced by the greater of the fair market value or the adjusted basis of the property distributed less the amount of any liability on the property. 119. Constructive dividends generally occur in closely held corporations where dealings with shareholders are often informal. They result in an economic benefit to the shareholder from the corporation that are not labeled as a dividend. Constructive dividends have the same general Federal tax consequences as regular dividends. That is, the dividend is income to the shareholder but not deductible by the corporation. A number of different scenarios may lead to the determination that a constructive dividend has occurred. Amounts paid to a shareholder in excess of what the IRS considers reasonable may give rise to a constructive dividend. Personal shareholder expenses paid by the corporation without expectation of repayment can also be classified as constructive dividends to the shareholder in an amount equal to the fair market value of the benefit received. Depending upon the facts and circumstances of the transaction, the IRS may attempt to treat a shareholder advance that is not a bona fide loan (e.g., poor or nonexistent documentation) as a constructive dividend. Interest on shareholder loans with below-market interest rates can also constitute a constructive dividend. Likewise, if a corporation, without adequate consideration, assumes a debt or other legal obligation of a shareholder or makes payments on the debt, a constructive dividend may result. Use of corporate property by shareholders can also result in a constructive dividend. Typical situations include the use of corporate-owned autos, boats, airplanes, vacation homes, and other property if the shareholder does not repay the corporation for the use of this property at a fair rental value. In addition, the value of improvements made by the corporation to property leased from a shareholder that were in excess of normal lessee improvements (based on the type and value of the property and the term of the lease) can be a constructive dividend. Finally, bargain purchases of corporate property by a shareholder can also result in a constructive dividend to the extent the FMV of the property exceeds the purchase price. 120. Accumulated E & P is the total of all previous years’ current E & P (since February 28, 1913) reduced by distributions made from E & P in previous years. Current E & P is determined by making a series of adjustments to the corporation’s taxable income. Current E & P is determined at year-end and is not reduced by current year distributions.

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Chap_13_2023 121. Corporate distributions reduce E & P by the greater of the fair market value or the adjusted basis of property distributed less the amount of any liability on the property. E & P is also increased by the gain recognized on appreciated property distributed as a property dividend. However, reductions to E & P due to distributions cannot generate or add to an E & P deficit. 122. Gold should recognize the loss as soon as possible and immediately thereafter make the cash distribution. For example, assume these two steps took place on January 2. Because current E & P is a deficit, accumulated E & P is brought up to date. At the time of the distribution, the combined E & P balance is zero [$2,000,000 (beginning balance in E & P) – $2,000,000 (existing deficit in current E & P)], and the entire $900,000 is a return of capital. Current deficits are allocated pro rata throughout the year unless the parties can provide otherwise. Here they can. 123. There would be a problem. Venture Corporation will have satisfied Christian’s obligation. Thus, the payment to the university may be treated as indirect compensation. In determining whether the corporation has paid Christian “unreasonable” compensation, both the direct payment (his salary) of $150,000 and the indirect payment to the university of $40,000 would be considered. If Christian had not made a pledge, the corporation could have established the scholarships on his behalf. 124. (1) Current E & P is applied first to distributions on a pro rata basis; then accumulated E & P is applied (as necessary) in chronological order beginning with the earliest distribution. (2) When a deficit exists in accumulated E & P and a positive balance exists in current E & P, distributions are regarded as dividends to the extent of the current E & P balance. Current and accumulated E & P are not netted. (3) When a deficit exists in current E & P and a positive balance exists in accumulated E & P, the two accounts are netted at the date of distribution. If the resulting balance is zero or a deficit, the distribution is treated as a return of capital, first reducing the basis of the stock to zero and generating taxable gain. If a positive balance results, the distribution is a dividend to the extent of the balance. Any loss in current E & P is deemed to accrue ratably throughout the year unless the corporation can show otherwise. (4) When a deficit exists in both current E & P and accumulated E & P, the distribution is treated as a return of capital, first reducing the basis of the stock to zero and then generating taxable gain. 125. In general, earnings and profits (E & P) represents the dividend-paying capacity of a corporation (i.e., the upper limit on the amount of dividend income a shareholder must recognize on corporate distributions). It represents a corporation’s economic income (i.e., its “economic ability” to pay dividends) without impairing its capital. E & P is computed on an annual basis at the end of the tax year (without reduction for any distributions made during the year). The term “earning and profits” is not defined in the Internal Revenue Code. It is roughly analogous to—but different than—the financial accounting concept of retained earnings.

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Chap_13_2023 126. No, noncorporate and corporate shareholders typically do not have the same preference for the tax treatment of a stock redemption. Noncorporate taxpayers generally prefer sale or exchange treatment (a qualifying stock redemption) over that of a dividend distribution. In a qualifying stock redemption, the shareholder is allowed to recover their redeemed stock basis tax-free. Also, the excess of the redemption distribution over the stock basis is (typically) a capital gain. If the shareholder has capital losses from other transactions, the capital gain resulting from a qualifying stock redemption can increase the shareholder’s deductibility of such capital losses. In a nonqualified stock redemption, the entire distribution is taxable as a dividend (assuming adequate E & P) that cannot be used to increase the utilization of capital losses. Corporate taxpayers, however, generally prefer dividend treatment (a nonqualified stock redemption) for a stock redemption. This preference stems from the availability of the dividends received deduction for such taxpayers. As a result of the dividends received deduction, only a nominal amount of any dividend resulting from a nonqualified stock redemption would be subject to tax.

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Chap_14_2023 Indicate whether the statement is true or false. 1. BRW Partnership reported gross income from operations of $60,000, interest income of $3,000, utilities expense of $20,000, and a charitable contribution of $6,000. On its Schedule K, the partnership reports ordinary business income of $40,000, separately stated interest income ($3,000), and charitable contributions ($6,000). a. True b. False 2. George received a fully vested 10% interest in partnership capital and a 20% interest in future partnership profits in exchange for services rendered to the GHP, LLC (not a publicly traded partnership interest). The future profits of the partnership are subject to normal operating risks. George will report ordinary income equal to the fair market value of the profits interest, but the capital interest will not be currently taxed to him. a. True b. False 3. Section 721 provides that, in general, no gain or loss is recognized by the partnership or the partner on contribution of appreciated or depreciated property to a partnership in exchange for an interest in the partnership. a. True b. False 4. Steve’s tax basis in his SAW Partnership interest is $200,000 including all adjustments at the beginning of the tax year. His allocable share of partnership items is: ($120,000) of ordinary loss, $6,000 tax-exempt interest income, and a $14,000 long-term capital gain. In addition, during the year, the LLC distributed $20,000 of cash to Steve. Also during the year, Steve’s share of partnership debt increased by $10,000. Steve’s ending basis in his LLC interest is $80,000. a. True b. False 5. A partnership cannot use the cash method of accounting if one of its partners is a C corporation. a. True b. False 6. A partner's profit-sharing, loss-sharing, and capital-sharing ownership percentages are the same. a. True b. False 7. When Kevin and Marshall formed the equal KM LLC, the fair market values of their interests were each $100,000. Kevin contributed $60,000 cash, equipment with a basis of $0 and a fair market value of $10,000, and a small parcel of land in which he had a basis of $50,000 and that was valued at $30,000. Marshall contributed a cash basis account receivable that was valued at $100,000 and in which his basis was $0. Kevin has a basis in his partnership interest of $110,000 and Marshall’s basis is $0. a. True b. False

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Chap_14_2023 8. A limited partnership (LP) offers all partners protection from claims by the LP’s creditors. a. True b. False 9. The sum of the partners’ ending tax basis amounts equals the partners’ ending tax basis capital account balances. These amounts are shown on the partnership's Schedule K. a. True b. False 10. Ken and Lars formed the equal KL Partnership during the current year; Ken contributes $100,000 in cash and Lars contributes land (basis of $60,000, fair market value of $40,000) and equipment (basis of $0, fair market value of $60,000). Lars recognizes a $40,000 gain on the contribution and his basis in his partnership interest is $100,000. a. True b. False 11. Ashley purchased her partnership interest from Lindsey on the first day of the current year for $40,000 cash. The partnership had no liabilities at that time. Ashley received a $10,000 cash distribution from the partnership during the year, and her share of partnership income is $15,000. Her share of partnership liabilities on the last day of the partnership year is $20,000. Ashley’s outside basis for her partnership interest at the end of the year is $45,000. a. True b. False 12. JLK Partnership incurred $6,000 of organizational costs and $50,000 of startup costs. JKL may deduct $5,000 each of organizational and startup costs, and the remaining costs ($1,000 of organizational costs and $45,000 of startup costs) may be amortized over 60 months. a. True b. False 13. In a limited liability partnership, all members may participate in management and generally have personal liability for entity debts except for malpractice committed by the other partners. a. True b. False 14. The amount of a partnership’s income and loss from operating activities is combined with separately stated income and expenses to determine the partnership’s equivalent of taxable income. This amount is reconciled to book income on the partnership’s Schedule M-1 or Schedule M-3. a. True b. False 15. Harry’s basis in his partnership interest was $10,000 at the beginning of the tax year. For the year, his share of the partnership’s loss was $8,000, and he also received a distribution of $4,000. Harry can deduct an $8,000 loss, and he recognizes a gain of $2,000 on the distribution of cash in excess of his remaining basis. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_14_2023 16. An example of the aggregate concept of partnership taxation is that the partnership makes elections related to depreciation, tax credit calculations (except the foreign tax credit), and whether to claim a § 179 deduction. a. True b. False 17. An example of the aggregate concept underlying partnership taxation is the fact that the partners (rather than the partnership) pay tax on partnership income. a. True b. False 18. Belinda owns a 30% profit and loss interest in the BOW LLC, and her basis in the interest is $30,000 excluding her share of the LLC’s liabilities. Belinda guarantees a $40,000 LLC debt. Remaining liabilities (not guaranteed by any of the LLC members) are $100,000. Belinda’s basis in the LLC is $100,000. a. True b. False 19. The primary purpose of the partnership agreement is to document the various tax elections made by the partners regarding items such as depreciation methods, treatment of research and experimental costs, and the § 754 election. a. True b. False 20. Gina is a single taxpayer and an active partner in the GMA LLC. Gina’s Schedule K-1 reflects a $20,000 ordinary income share, $2,000 of interest income, and a $10,000 guaranteed payment for services. Gina’s selfemployment income from other sources and modified adjusted gross income is about $300,000. With respect to the income from the LLC, Gina is subject to the 0.9% additional Medicare tax on $30,000 and the 3.8% net investment income tax of $2,000. a. True b. False 21. DDP Partnership reported gross income from operations of $125,000, a long-term capital gain of $5,000, a short-term capital loss of $2,000, and a charitable contribution of $5,000. On its Schedule K, the partnership reports ordinary business income of $120,000, and a net long-term capital gain of $3,000. a. True b. False 22. The partnership agreement might provide, for example, that the first $40,000 of ordinary income is allocated to Partner A. Allocating income in this manner is an example of a separately stated item.

a. True b. False

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Chap_14_2023 23. William is a general partner in the WST partnership. During the current year, he receives a guaranteed payment of $10,000 for services he provides to the partnership, and his distributive share of partnership income is $30,000. William is required to pay self-employment tax on the $10,000 guaranteed payment but not on his distributive share of partnership income. a. True b. False 24. Debt of a limited liability company is allocated among its members using the nonrecourse debt allocation rules unless an LLC member has personally guaranteed the debt. a. True b. False 25. Micah’s beginning tax basis capital account on his Schedule K-1 is $60,000. During the year, he is allocated $20,000 of partnership income, $8,000 of nondeductible expenses, and a $12,000 share of tax-exempt income. His Schedule K-1s show allocations of nonrecourse debt of $20,000 (last year) and $30,000 (this year). Micah’s ending tax basis capital account is $94,000. a. True b. False 26. The qualified business income deduction is calculated at the partner level. The partnership reports information the partner needs to calculate the deduction, such as W-2 wages and the unadjusted basis of the partnership’s depreciable property. a. True b. False 27. If a partnership properly makes an election for treatment of a specific tax item, the partner is bound by that treatment. a. True b. False 28. The inside basis is defined as a partner’s basis in the partnership interest. a. True b. False 29. Laura is a real estate developer and owns property that is treated as inventory (not a capital asset) in her business. She contributes a parcel of this land (basis of $15,000) to a partnership, also to be held as inventory. The fair market value of the property is $12,000 at the contribution date. After three years, the partnership sells the land for $10,000. The partnership will recognize a $5,000 ordinary loss on sale of the property. a. True b. False 30. A partnership reports each partner’s share of income to the partner on a Form 1099-MISC. a. True b. False

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Chap_14_2023 31. The taxable income of a partnership flows through to the partners, who report the income on their tax returns. a. True b. False 32. Julie and Kate form an equal partnership during the current year. Julie contributes cash of $200,000, and Kate contributes property (adjusted basis of $90,000, fair market value of $260,000) subject to a nonrecourse liability of $60,000. As a result of these transactions, Kate has a basis in her partnership interest of $120,000. a. True b. False 33. The total tax burden on entity income is greater for a partner in a partnership (up to 37% for an individual partner) than on a shareholder in a corporation (21% for an individual shareholder), so partnerships are used only in special situations. a. True b. False 34. Nicholas, a one-third partner, received a guaranteed payment in the current year of $50,000. Partnership income before consideration of the guaranteed payment was $20,000. Assuming that no loss limitation rules apply, Nicholas reports a $10,000 ordinary loss from partnership operations and the $50,000 guaranteed payment as ordinary income. a. True b. False 35. In a limited liability company, all members may participate in management (the operating agreement cannot limit participation), and all entity debts are treated as nonrecourse liabilities for purposes of allocating the LLC’s liabilities to basis. a. True b. False 36. PaulCo, DavidCo, and Sean form a partnership with cash contributions of $80,000, $50,000 and $30,000, respectively, and agree to share profits and losses in the ratio of their original cash contributions. PaulCo uses a January 31 fiscal year-end, whereas DavidCo and Sean use a November 30 and December 31 year-end, respectively. The partnership must use the least aggregate deferral method to determine its year-end. a. True b. False 37. To meet the substantial economic effect tests, a partnership’s allocations of income and deductions to the partners are required to be proportionate to the partners’ percentage ownership of partnership capital. a. True b. False

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Chap_14_2023 38. Tom and William are equal partners in the TW Partnership. Just before TW liquidated, Tom’s § 704(b) book capital account balance was $50,000 and William’s § 704(b) book capital account balance was $30,000. To meet the substantial economic effect requirements, any liquidating cash distribution must be allocated in proportion to those ending capital account balances. a. True b. False 39. MNO Partnership has three equal partners. Moon, Inc. and Neptune, Inc. each have fiscal years ending March 31. Omega uses the calendar year. MNO's required taxable year-end is March 31 under the majority partner rule. a. True b. False 40. Blaine contributes property valued at $50,000 (basis of $40,000) in exchange for a 25% interest in the BIKE Partnership. If the property is later sold for $70,000, gain of $15,000 will be allocated to Blaine. a. True b. False 41. The partner's ending tax basis capital account plus the partner's allocable share of liabilities (both amounts shown on Schedule K-1) will typically equal the partner's ending tax basis in the partnership. a. True b. False 42. One of the disadvantages of the partnership form is that the partner’s share of the partnership’s taxable income is taxed to the partner even if it is not distributed. a. True b. False 43. If a partnership allocates losses to the partners, the partners first apply the passive loss limitations, then the basis limitation, and finally the at-risk limitations. If all three hurdles are met, a partner may deduct the loss. a. True b. False 44. Morgan and Kristen formed an equal partnership on August 1 of the current year. Morgan contributed $60,000 cash and land with a basis of $18,000 and a fair market value of $40,000. Kristen contributed equipment with a basis of $42,000 and a value of $100,000. Kristen and Morgan both have a basis of $100,000 in their partnership interests. a. True b. False

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Chap_14_2023 45. Greene Partnership had average annual gross receipts for the past three years of $25,800,000. One of the partners is Jackson, Inc., a C corporation. Because Greene meets the average annual gross receipts test, it may use the cash method of accounting even though it has a partner that is a C corporation. a. True b. False 46. Syndication costs arise when partnership interests are being marketed to investors. These costs cannot be amortized or deducted on income tax returns. a. True b. False 47. A partnership must provide any information to the partners that they would need to calculate deductions not permitted at the partnership level, such as for oil and gas depletion or the corporate dividends received deduction. a. True b. False 48. In a limited liability company, all members are protected from the debts of the LLC unless they personally guaranteed the debt. a. True b. False 49. Seven years ago, Paul purchased residential rental estate that he has been depreciating as MACRS property over 27.5 years. This year, when his adjusted basis in the property was $250,000, he transferred the property to the newly formed PLA LLC in exchange for a one-third interest in it. PLA incurred $10,000 of transfer taxes and fees related to the property. The LLC must treat the $260,000 basis in the property, fees, and expenses, as new MACRS property depreciable over 27.5 years. a. True b. False 50. Items that are not required to be shown on the partners’ Schedules K-1 include AMT adjustments and preferences and taxes paid to foreign countries, because any AMT and the foreign tax credit are calculated by the partnership. a. True b. False 51. Section 721 provides that no gain or loss is recognized on a contribution of property to a partnership in exchange for an interest in the partnership. An exception might apply if the taxpayer receives a cash distribution from the partnership soon after the property contribution is made. a. True b. False

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Chap_14_2023 52. Maria owns a 60% interest in the KLM Partnership. Four years ago, her father gave her a parcel of land. The gift basis of the land to Maria is $60,000. In the current year, Maria still had not figured out how to use the land for her own personal or business use; consequently, she sold it to the partnership for $50,000. The partnership immediately started using the land as a parking lot for its employees. Maria may recognize her $10,000 loss on the sale. a. True b. False 53. The BMR LLC conducted activities that were eligible for a $20,000 credit for increasing research activities. In addition, the LLC paid foreign taxes of $1,200. On the partners’ Schedules K-1, BMR will allocate the $20,000 research credit, and it will provide the necessary information so the partners can calculate the foreign tax credit if they so choose. a. True b. False 54. Emma’s basis in her BBDE LLC interest is $60,000 at the beginning of the tax year. Her allocable share of LLC items are as follows: $20,000 of ordinary income, $2,000 tax-exempt interest income, and a $6,000 longterm capital gain. In addition, the LLC distributed $12,000 of cash to Emma during the year. Assuming that the LLC had no liabilities at the beginning or the end of the year, Emma’s ending basis in her LLC interest is $76,000. a. True b. False 55. A partnership is an association formed by two or more taxpayers (which may be any type of entity) to carry on a trade or business. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 56. Tim, Al, and Pat contributed assets to form the equal TAP Partnership. Tim contributed cash of $40,000 and land with a basis of $80,000 (fair market value of $60,000). Al contributed cash of $60,000 and land with a basis of $50,000 (fair market value of $40,000). Pat contributed cash of $60,000 and a fully depreciated property ($0 basis) valued at $40,000. Which of the following tax treatments is not correct? a. Tim’s basis in his partnership interest is $120,000. b. Al realizes and recognizes a loss of $10,000. c. Pat realizes a gain of $40,000 but recognizes $0 gain. d. TAP has a basis of $80,000, $50,000, and $0 in the land and property (excluding cash) contributed by Tim, Al, and Pat, respectively.

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Chap_14_2023 57. ACME Partnership has had the following gross receipts since its formation: $22,800,000 in 2018, $24,600,000 in 2019, $33,800,000 in 2020, $29,000,000 in 2021, and $32,000,000 in 2022. ACME is not a tax shelter. Partner Meile, Inc. is a C corporation. In which tax years (2018 to 2022) must ACME use the accrual method? a. 2018 and all following years, because it has a partner that is a C corporation. b. 2020 to 2022, because gross receipts are more than $26,000,000 in 2020. c. 2021 and 2022, because average annual gross receipts are more than $26,000,000 in 2020. d. 2020 and 2022 because those are the only years in which gross receipts exceeded $26,000,000. 58. Misty and John formed the MJ Partnership. Misty contributed $50,000 of cash in exchange for her 50% interest in the partnership capital and profits. During the first year of partnership operations, the following events occurred: the partnership had a net taxable income of $20,000; Misty received a distribution of $12,000 cash from the partnership; and Misty had a 50% share in the partnership’s $60,000 of recourse liabilities on the last day of the partnership year. Misty’s adjusted basis for her partnership interest at year end is: a. $48,000. b. $60,000. c. $78,000. d. $88,000. 59. Ryan is a 25% partner in the ROCC Partnership. At the beginning of the tax year, his basis in the partnership interest was $90,000, including his share of partnership liabilities. During the current year, ROCC reported net ordinary income of $100,000. In addition, ROCC distributed $10,000 to each of the partners ($40,000 total). At the end of the year, Ryan’s share of partnership liabilities increased by $10,000. His basis in the partnership interest at the end of the year is: a. $90,000. b. $100,000. c. $115,000. d. $125,000. 60. Kristie is a 30% partner in the KKM Partnership. During the current year, KKM reported gross receipts of $280,000 and a charitable contribution of $30,000. The partnership paid office expenses of $80,000. In addition, KKM distributed $20,000 each to partners Kaylyn and Megan, and paid partner Kaylyn $20,000 for administrative services. Kristie reports the following income from KKM during the current tax year. a. $54,000 ordinary income; $9,000 charitable contribution. b. $60,000 ordinary income; $9,000 charitable contribution. c. $33,000 ordinary income. d. $54,000 ordinary income.

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Chap_14_2023 61. Allison is a 40% partner in the BAM Partnership. At the beginning of the tax year, her basis in the partnership interest was $100,000, including her share of partnership liabilities. During the current year, BAM reported an ordinary loss of $60,000 (before the following payments to the partners). In addition, BAM made an ordinary distribution of $8,000 to Allison and paid partner Brian a $20,000 consulting fee. At the end of the year, Allison’s share of partnership liabilities decreased by $10,000. Assuming loss limitation rules do not apply, Allison’s basis in the partnership interest at the end of the year is: a. $2,000. b. $50,000. c. $58,000. d. $70,000. 62. Concerning a partnership’s Form 1065, which of the following statements is not true? a. The partnership reconciles its "Income (Loss) per Books" with "Income (Loss) per Return" on Schedule M-1 or M-3. b. The partnership balance sheet on Schedule L can be presented on a financial (book) basis. c. All taxable/deductible partnership income and expense items are reported on Form 1065, page 1. d. The partnership’s equivalent of taxable income is reported in the “Analysis of Income (Loss).” 63. At the beginning of the year, Heather’s tax basis capital account balance in the HEP Partnership was $85,000. During the tax year, Heather contributed property with a basis of $6,000 and a fair market value of $10,000. Her share of the partnership’s ordinary income and separately stated income and deduction items was $40,000. At the end of the year, the partnership distributed $15,000 of cash to Heather. In addition, the partnership allocated $12,000 of recourse debt and $10,000 of nonrecourse debt to Heather. What is Heather’s ending capital account balance determined using the tax basis method? a. $116,000 b. $120,000 c. $126,000 d. $128,000 64. Which of the following is not a specific adjustment to the partners’ basis in the partnership interest? a. Increased by contributions the partner made to the partnership. b. Decreased by the amount of guaranteed payments shown on the partner’s Schedule K-1. c. Increased by the partner’s share of tax-exempt income. d. Decreased by any decrease in the partner’s share of partnership liabilities. 65. Mark and Addison formed a partnership. Mark received a 25% interest in partnership capital and profits in exchange for land with a basis of $40,000 and a fair market value of $60,000. Addison received a 75% interest in partnership capital and profits in exchange for $180,000 of cash. Three years after the contribution date, the land contributed by Mark is sold by the partnership to a third party for $76,000. How much taxable gain will Mark recognize from the sale? a. $0 b. $9,000 c. $16,000 d. $24,000 Copyright Cengage Learning. Powered by Cognero.

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Chap_14_2023 66. Meredith is a passive 30% member of the MNO LLC. She is not a managing member and she does not participate in any activities of the LLC. Her interest is more in the nature of an investment. In the current year, Meredith’s distributive share of income from the LLC was $50,000. In addition, she received a guaranteed payment of $40,000 for the use of her capital. Assume that her income from other sources exceeds $500,000. How much of Meredith’s LLC income will be subject to the self-employment (SE) tax and the net investment income (NII) tax? (Disregard the additional Medicare tax on upper-income taxpayers.) a. $0 SE tax; $0 NII tax. b. $0 SE tax; $40,000 NII tax. c. $0 SE tax; $90,000 NII tax. d. $50,000 SE tax; $40,000 NII tax. 67. On January 1 of the current year, Anna and Jason form an equal partnership. Anna contributes $50,000 cash and a parcel of land (adjusted basis of $200,000; fair market value of $150,000) in exchange for her interest in the partnership. Jason contributes property (adjusted basis of $180,000; fair market value of $200,000) in exchange for his partnership interest. Which of the following statements is true concerning the income tax results of this partnership formation? a. Jason recognizes a $20,000 gain on his property transfer. b. Jason has a $200,000 tax basis for his partnership interest. c. Anna has a $250,000 tax basis for her partnership interest. d. The partnership has a $150,000 adjusted basis in the land contributed by Anna. 68. Which one of the following statements is true regarding a partner’s personal liability for partnership debts? a. LLC members can never be liable for entity debts. b. In a limited partnership, all partners have limited liability for partnership debts. c. In a limited liability partnership, a partner might be subject to liability for other partners’ malpractice. d. In a general partnership, all partners are liable for entity debts. 69. AmCo and BamCo form the AB General Partnership at the start of the current year with a land contribution by BamCo and a cash contribution by AmCo. BamCo’s contributed property is subject to a recourse mortgage assumed by the partnership. BamCo has an 80% interest in AB’s profits and losses. The land has been held by BamCo for the past 6 years as an investment. It will be used by AB as an operating asset in its parking lot business. Which of the following statements is correct? a. Immediately after formation, AmCo’s basis in the partnership equals the cash that it contributed. b. Immediately after formation, AmCo’s basis in the partnership equals the cash that it contributed plus AmCo's share of the recourse debt contributed by BamCo. c. Because the debt is recourse, it can be allocated only to the general partners if one of them personally guarantees the debt. d. AB’s basis in the land contributed by BamCo equals BamCo’s basis in the land immediately before the contribution date, less the amount of the recourse debt assumed by the partnership.

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Chap_14_2023 70. Fern, Inc., Ivy, Inc., and Jeremy formed a general partnership. Fern owns a 50% interest, and Ivy and Jeremy both own 25% interests. Fern, Inc. files its tax return on an October 31 year-end; Ivy, Inc., files with a May 31 year-end, and Jeremy is a calendar year taxpayer. Which of the following statements is true regarding the taxable year the partnership can choose? a. The partnership must choose the calendar year because it has no principal partners. b. The partnership must choose an October year-end because Fern, Inc., is a principal partner. c. The partnership can request permission from the IRS to use a January 31 fiscal year under § 444. d. The partnership must use the least aggregate deferral method to determine its required taxable year. 71. Which of the following is not shown on the partnership’s Schedule K of Form 1065? a. The partnership’s self-employment income. b. The partnership’s separately stated income and deductions. c. The partnership’s tax preference and adjustment items. d. The partnership’s net operating loss carryforward. 72. Stephanie is a calendar year cash basis taxpayer. She owns a 50% profit and loss interest in a cash basis partnership with a September 30 year-end. The partnership’s operating income (after deducting guaranteed payments) was $120,000 ($10,000 per month) and $144,000 ($12,000 per month), respectively, for the partnership tax years ended September 30, 2022 and 2023. The partnership paid guaranteed payments to Stephanie of $2,000 and $3,000 per month during the fiscal years ended September 30, 2022 and 2023. How much will Stephanie’s adjusted gross income be increased by these partnership items for her tax year ended December 31, 2022? a. $60,000 b. $72,000 c. $84,000 d. $90,000 73. Brooke and John formed a partnership. Brooke received a 40% interest in partnership capital and profits in exchange for contributing land (basis of $30,000 and fair market value of $120,000). John received a 60% interest in partnership capital and profits in exchange for contributing $180,000 of cash. Three years after the contribution date, the land contributed by Brooke is sold by the partnership to a third party for $150,000. How much taxable gain will Brooke recognize from the sale? a. $102,000 b. $90,000 c. $48,000 d. $36,000 74. Which of the following is an election or calculation made by the partner rather than the partnership? a. Calculation of a § 199A (qualified business income) deduction amount. b. Tax treatment (e.g., credit, amortization) of research and experimental costs. c. The partnership’s accounting method (e.g., cash, accrual). d. Claiming a § 179 deduction related to property acquired by the partnership.

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Chap_14_2023 75. At the beginning of the tax year, Zach’s basis for his partnership interest and his amount at risk in the partnership was $30,000. His share of partnership items for the year consisted of tax-exempt interest income of $2,000 and an ordinary loss of $44,000. He also received a distribution of $20,000 cash from the partnership during the year. He is an active general partner and has no passive income or business losses from other sources. For the tax year, Zach will report: a. A nontaxable distribution of $20,000, an ordinary loss of $10,000, and a suspended loss carryforward of $34,000. b. An ordinary loss of $32,000, a suspended loss carryforward of $12,000, and a taxable distribution of $20,000. c. A nontaxable distribution of $20,000, an ordinary loss of $12,000, and a suspended loss carryforward of $32,000. d. An ordinary loss of $44,000 and a nontaxable distribution of $20,000. 76. Which of the following statements is correct regarding the manner in which partnership liabilities are reflected in the partners’ bases in their partnership interests? a. Nonrecourse debt is allocated to the partners based on the partners' economic risk of loss. b. Recourse debt is allocated to the partners according to their profit-sharing ratios. c. An increase in partnership debts results in a decrease in the partners’ bases in the partnership interest. d. A decrease in partnership debt is treated as a distribution from the partnership to the partner and reduces the partner’s basis in the partnership interest. 77. Binita contributed property with a basis of $40,000 and a value of $50,000 to the BE Partnership in exchange for a 20% interest in partnership capital and profits. During the first year of partnership operations, BE had net taxable income of $30,000 and tax-exempt interest income of $10,000. The partnership distributed $10,000 cash to Binita. Her adjusted basis (outside basis) for her partnership interest at year-end is: a. $36,000. b. $38,000. c. $60,000. d. $70,000. 78. Sharon contributed property to the newly formed QRST Partnership. The property had a $100,000 adjusted basis to Sharon and a $160,000 fair market value on the contribution date. The property was also encumbered by a $90,000 nonrecourse debt, which was transferred to the partnership on that date. Sharon is treated as a general partner. She is allocated 30% of QRST's profits and 20% of QRST's losses. Sharon's basis in the partnership interest after the formation transaction is: a. $28,000. b. $37,000. c. $88,000. d. $127,000.

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Chap_14_2023 79. Which of the following is not a correct statement regarding the advantages of the partnership entity form over the C corporation form? a. A partnership typically has easier administrative and filing requirements than does a C corporation. b. Partnership income is subject to a single level of taxation; corporate income is double taxed. c. Partnerships may specially allocate income and expenses among the partners provided the substantial economic effect requirements are met; corporate dividends must be proportionate to shareholdings. d. Partners in a general partnership have less personal liability for entity claims than shareholders of a C corporation. 80. Which of the following entity owners cannot participate in the management of an entity? a. A general partner in a general partnership. b. A member of a limited liability company. c. A partner in a limited liability partnership. d. A limited partner in a limited partnership. 81. Molly is a 30% partner in the MAP Partnership. During the current tax year, the partnership reported ordinary income of $200,000 before any permitted deduction for guaranteed payments and distributions to partners. The partnership made an ordinary cash distribution of $20,000 to Molly and made guaranteed payments to partners Molly, Amber, and Pat of $20,000 each ($60,000 total guaranteed payments). How much will Molly’s adjusted gross income increase as a result of these items? a. $36,000 b. $42,000 c. $60,000 d. $62,000 82. Which of the following statements is always correct regarding assets acquired by a newly formed partnership? If a partner contributes: a. Depreciable property: The partnership treats the property as newly acquired depreciable property and may claim a § 179 deduction. b. Unrealized (cash-basis) receivables: The partnership will report a capital gain when the receivable is collected. c. Inventory (in the partner’s hands): The partnership reports ordinary income if the property is held as a capital asset and sold within five years of the contribution date. d. Land valued at less than its basis: The partnership reports a § 1231 (ordinary) loss if the property is sold at a loss within five years of the contribution date.

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Chap_14_2023 83. DIP LLC reports ordinary income (before guaranteed payments) of $120,000, rent expense of $40,000, and interest income of $4,000 for the year. In addition, DIP paid guaranteed payments of $20,000 to partner Percy. If Percy owns a 40% capital and profits interest, how much income will he report for the year and what is its character? a. $24,000 ordinary income. b. $24,000 ordinary income, $1,600 interest income, $20,000 guaranteed payment. c. $32,000 ordinary income, $1,600 interest income. d. $32,000 ordinary income, $1,600 interest income, $20,000 guaranteed payment. 84. In which of the following independent situations is the transaction most likely to be characterized as a disguised sale? a. Partner George contributes appreciated property to the GM Partnership, and three years later GM distributes $100,000 proportionately to the partners. b. Brianna contributes property with a basis of $20,000 and a fair market value of $50,000 to the BGB Partnership in exchange for a 20% interest therein. The partnership agrees to distribute $20,000 to Brianna in 15 months if partnership cash flows from operations exceed $100,000 at that time. The partnership does not expect to produce operating cash flows of over $100,000 for at least five years. c. Luis contributes appreciated property to the BLP Partnership. Thirty months later, he receives a distribution from the partnership of $15,000 cash. None of the other partners received a distribution. There was no agreement that BLP would make the distribution, and Luis would have made the contribution whether or not the partnership made the distribution. d. Partner Skylar contributes appreciated property to the equally-owned four-member SANE LLC in exchange for a 25% interest. After 20 months, the LLC distributes $10,000 to partners Azariah, Nikita, and Eastyn, and $50,000 to Skylar. 85. Which one of the following statements regarding partnership taxation is incorrect? a. A partnership is a tax-paying entity for Federal income tax purposes. b. Partnership income is comprised of ordinary partnership income or loss and separately stated items. c. A partnership is required to file a return with the IRS. d. A partner’s profit-sharing percentage may differ from the partner’s loss-sharing percentage. 86. At the beginning of the year, Ryan’s tax basis capital account balance in the RUS Partnership (in which he owned a 40% interest) was $200,000. During the year, Ryan contributed cash ($40,000) and property (basis = $20,000, fair market value = $30,000). RUS reported ordinary income of $100,000 and tax-exempt income of $6,000. At the end of the year, the partnership distributed $6,000 of cash to Ryan. On the Schedule K-1, the partnership shows that Ryan had a $50,000 share of nonrecourse LLC debt at the end of the year. How much is Ryan’s ending tax basis capital account balance? a. $294,000. b. $296,400. c. $306,400. d. $346,400.

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Chap_14_2023 87. Which one of the following is an example of a special allocation of partnership income? a. The partnership’s capital gains and losses are shown separately on Schedule K-1. b. Distributions from the partnership to the partner are shown on Schedule K-1 line 20. c. The partnership agreement provides that all charitable contributions will be allocated to a specific partner rather than the partner's 20% distributive share. d. The Schedule K-1 reports each partner’s share of the information they need to calculate the § 199A (qualified business income) deduction. 88. The partner (rather than the partnership) will make which of the following elections? a. To claim straight-line depreciation. b. To claim a credit or deduction for foreign taxes paid. c. To claim a low-income housing credit. d. To claim a § 179 deduction for certain property placed in service during the year. 89. Xena and Xavier form the XX LLC. Xena contributes cash of $20,000, land (basis = $40,000; fair market value = $25,000), equipment (basis = $0; fair market value = $35,000), and inventory (basis = $30,000; fair market value = $40,000). Xavier contributed $120,000 of cash. How much is the partnership’s basis in the land, equipment, and inventory, and how much is Xena’s basis in the partnership interest? a. $25,000 land, $0 equipment, $30,000 inventory; $55,000 partnership interest. b. $40,000 land, $0 equipment, $30,000 inventory; $90,000 partnership interest. c. $25,000 land, $35,000 equipment, $30,000 inventory; $105,000 partnership interest. d. $40,000 land, $35,000 equipment, $40,000 inventory; $135,000 partnership interest. 90. Tara and Robert formed the TR Partnership four years ago. Because they decided the company needed some expertise in multimedia presentations, they offered Katie a one-third interest in partnership capital if she would come to work for the partnership. On July 1 of the current year, the unrestricted partnership interest (fair market value of $25,000) was transferred to Katie. How should Katie treat the receipt of the partnership interest in the current year? a. Nontaxable. b. Carried interest. c. $25,000 ordinary income. d. $25,000 long-term capital gain. 91. Which of the following would be currently taxable as ordinary income to the service partner if received in exchange for services performed for the partnership? (In all cases, assume that the interest is not sold within two years after the time it is granted to the service partner.) a. A 10% interest in the capital of the partnership that will vest if the partner remains in the partnership for three years. b. A 20% interest in the future profits of the partnership received in exchange for future services to be performed for the partnership. c. A 25% interest in the capital of the partnership when there are no restrictions on transferability of the interest. d. A 30% interest in the capital of the partnership when the partner contributes intangible property with a $0 basis that the partner developed. Copyright Cengage Learning. Powered by Cognero.

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Chap_14_2023 92. ABC LLC reported the following items on the LLC’s Schedule K: ordinary income, $100,000; interest income, $3,000; long-term capital loss, ($4,000); charitable contributions, $1,000; AMT depreciation adjustment, $10,000; and cash distributions to partners, $50,000. How much will ABC show as net income (loss) on its Analysis of Income (Loss)? a. $68,000 b. $78,000 c. $95,000 d. $98,000 93. Rebecca is a limited partner in the RST Partnership, which is not publicly traded. Her allocable share of RST’s passive ordinary losses from a nonrealty activity for the current year is ($60,000). Rebecca has a $40,000 adjusted basis (outside basis) for her interest in RST (before deduction of any of the passive losses). Her amount “at risk” is $30,000 (before deduction of any of the passive losses). She also has $25,000 of passive income from other sources. She has no business losses for the year from other sources. How much of her ($60,000) allocable RST loss can Rebecca deduct on her current-year tax return? a. $25,000 b. $30,000 c. $40,000 d. $60,000 94. In the current year, the POD Partnership received revenues of $200,000 and paid the following amounts: $50,000 in rent and utilities and $20,000 as a distribution to partner Olivia. In addition, the partnership earned $6,000 of long-term capital gains during the year. Partner Donald owns a 50% interest in the partnership. How much income must Donald report for the tax year? a. $68,000 ordinary income. b. $78,000 ordinary income. c. $65,000 ordinary income; $3,000 of long-term capital gains. d. $75,000 ordinary income; $3,000 of long-term capital gains. 95. Paul sells one parcel of land (basis of $100,000) for its fair market value of $160,000 to a partnership in which he owns a 60% capital interest. Paul held the land for investment purposes. The partnership is in the real estate development business and will build residential housing (for sale to customers) on the land (the land is inventory to the partnership). Paul will recognize: a. $0 gain or loss. b. $36,000 ordinary income. c. $36,000 capital gain. d. $60,000 ordinary income.

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Chap_14_2023 96. Which of the following is a correct definition of a concept related to partnership taxation? a. The aggregate concept treats partners and partnerships as separate units and gives the partnership its own tax personality. b. A partner’s capital-sharing ratio is defined as the percentage of partnership assets (capital) that would be allocated to the partner upon liquidation of the partnership. c. The partnership’s outside basis is defined as the sum of each partner’s capital account balance. d. A special allocation is defined as an amount that could differently affect the tax liabilities of two or more partners. 97. Which of the following statements is correct regarding potential partnership or C corporation taxes? a. Partnership income is always taxed at higher rates than for a Subchapter C corporation because the individual tax rates are higher than corporate tax rates. b. Partners pay a single tax on their distributive shares of income at the tax rate that applies to the partner. c. C corporations pay a single level of tax on corporate income at rates up to 35%. d. Partnership income is preferred because the income is not subject to employment taxes and the income might be eligible for the qualified business income deduction. 98. Samuel is the managing general partner of STU in which he owns a 25% interest. For the year, STU reported ordinary income of $400,000 (after deducting all guaranteed payments). In addition, the LLC reported interest income of $12,000. Samuel received a guaranteed payment of $120,000 for services he performed for STU. How much income from self-employment did Samuel earn from STU? a. $100,000 b. $120,000 c. $220,000 d. $223,000

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Chap_14_2023 Match each of the following statements with the numbered terms below that provide the best definition. a. Organizational choice of many large accounting firms. b. Partner’s allocation of partnership items, in general. c. Might affect any two partners’ tax liabilities in different ways. d. Amount that might be reported on either form 1065, page 1 or, on Schedule K. e. Transfer of asset to partnership followed by immediate distribution of cash to partner. f. Must have at least one general and one limited partner. g. Long-term capital gain might be recharacterized as ordinary income. h. All partners are jointly and severally liable for entity debts. i. Theory treating the partner and partnership as separate economic units. j. Partner’s basis in partnership interest after tax-free contribution of asset to partnership. k. Partnership’s basis in asset after tax-free contribution of asset to partnership. l. Owners are members. m. Theory treating the partnership as a collection of taxpayers joined in an agency relationship. n. Participates in management. o. Not liable for entity debts. p. No correct match provided. 99. Limited partnership 100. General partner 101. Distributive share 102. Limited liability partnership 103. Carried interest 104. Aggregate concept 105. Substituted 106. Limited liability company 107. Limited partner 108. Publicly traded partnership 109. Disguised sale 110. Interest expense 111. Separately stated item 112. Carryover 113. Entity concept 114. General partnership

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Chap_14_2023 Match each of the following statements with the terms below that provide the best definition. a. Adjusted basis of each partnership asset. b. Operating expenses incurred after entity is formed but before it begins doing business. c. Each partner’s basis in the partnership. d. Reconciles book income to taxable income. e. Percentage allocation of most nonrecourse debt. f. Tax accounting election made by partnership. g. Tax accounting calculation made by partner. h. Tax accounting election made by partner. i. Rolls forward tax basis capital accounts. j. Designed to prevent excessive deferral of taxation of partnership income. k. Amount that may be received by partner for performance of services for the partnership. l. Concept under which a partnership's recourse debt is shared among the partners. m. Recourse debt, if not guaranteed and all allocations have been proportionate to capital. n. Will eventually be allocated to partner making tax-free property contribution to partnership. o. Partner’s share of partnership items. p. Any allocation to the partner must generally meet this requirement. q. Used to determine liquidating distributions. r. Shown on Schedules K-1 and does not include liabilities. 115. Tax basis capital account 116. Required taxable year 117. Foreign tax credit vs. deduction 118. Loss-sharing ratio 119. Schedule K-1 120. Inside basis 121. Section 704(b) book capital account 122. Start-up costs 123. Schedule M-1 124. § 179 deduction 125. Economic effect test 126. Precontribution gain 127. Profit-sharing ratio 128. Schedule M-2 129. Qualified business income deduction 130. Outside basis 131. Guaranteed payment 132. Economic risk of loss

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Chap_14_2023 133. The LN partnership reported the following items of income and deduction during the current tax year: revenues, $300,000; cost of goods sold, $160,000; tax-exempt interest income, $2,000; salaries to employees, $80,000; and long-term capital gain, $10,000. It paid business interest expense of $18,000 and investment interest expense of $2,000. In addition, the partnership distributed $20,000 of cash to 50% partner Nina and $10,000 of cash to 50% partner Len. What is Nina’s share of ordinary partnership income and separately stated items?

134. Tom and Missy form TM Partnership, Ltd. (a limited partnership), to own and operate certain real estate.

Tom contributed land, and Missy contributed cash to be used for setting up the entity and creating a plan for developing the property. Once a development plan was in place, the partnership sold interests in the partnership to investors to raise funds for constructing a shopping center. The partnership incurred expenses of $30,000 for forming the entity and $60,000 for starting the business (e.g., setting up the accounting systems, locating tenants, and negotiating leases). It also paid $5,000 in transfer taxes for changing the ownership of the property to the partnership’s name. The brokerage firm that sold the interests to the limited partners charged a 6% commission, which totaled $600,000. The calendar year partnership started business in November this year. How are these initial expenses treated by the partnership? How much is currently deductible, and how is the remainder treated for tax purposes? Show your calculations.

135. Sarah contributed fully depreciated ($0 basis) property valued at $50,000 to the RSTU Partnership in exchange for a 25% interest in partnership capital and profits. During the first year of partnership operations, RSTU had net taxable income of $200,000 and tax-exempt income of $4,000. The partnership distributed $10,000 cash to Sarah. Her share of partnership recourse liabilities on the last day of the partnership year was $20,000. What is Sarah’s adjusted basis (outside basis) for her partnership interest at the end of the tax year?

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Chap_14_2023 136. Four GRRLs Partnership is owned by four girlfriends. Lacy holds a 40% interest; each of the others owns

20%. Lacy sells investment property to the partnership for its fair market value of $200,000 (Lacy’s basis is $250,000). a. How much loss, if any, may Lacy recognize? b. If the partnership later sells the property for $260,000, how much gain must it recognize?

How would your answers in parts (a) and (b) change if Lacy owned a 60% interest in the partnership?

If Lacy owned a 60% interest and her basis in the investment property was $120,000 (instead d. of $250,000), how much, if any, gain would she recognize on the original sale for $200,000? How would the gain be characterized?

137. The RB LLC is owned equally by Romer and Brad. At the beginning of the year,

Romer’s basis is $40,000 and Brad’s is $32,000. RB reported the following income and expenses for the current tax year. Net ordinary business income (loss) (Form 1065, page 1, line 28) Long-term capital gains Distribution to Brad Payment to Great Health Hospital for Romer’s medical expenses

($64,000) 12,000 (30,000) (24,000)

Use the ordering rules of Exhibit 10.2 (and the loss limitation rules) and a. calculate Romer’s basis in his partnership interest at the end of the year.

Based on this calculation, what does Romer report on his tax return? b.

Make the same calculation for Brad. What will Brad report on his tax return?

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Chap_14_2023 138. The MOP Partnership is involved in construction activities. On January 1 of the current year, Patricia has an adjusted basis of $600,000 for her partnership interest consisting of the following. Capital account Share of partnership recourse debt Share of partnership nonrecourse debt

$350,000 50,000 200,000 $600,000

During the year, the partnership has an operating loss of $1.2 million and distributes $60,000 of cash to Patricia. Partnership liabilities were the same at the end of the tax year, and the nonrecourse debt is not qualified nonrecourse debt. If she owns a 60% share of partnership profits, capital, and losses, and is an active (material) participant in the partnership, how much of her share of the operating loss can Patricia deduct? (Assume that Patricia is a single taxpayer and has no business losses from other sources.) What Code provisions could cause a suspension of the loss? How would your answer change if MOP were an LLC and Patricia had not personally guaranteed any of the debt?

139. In the current year, the CAR Partnership received revenues of $400,000 and paid the following amounts: $160,000 in rent, utilities, and salaries; a $40,000 guaranteed payment to partner Ryan; $20,000 to partner Amy for consulting services; and a $40,000 distribution to 25% partner Cameron. In addition, the partnership realized a $12,000 net long-term capital gain. Cameron’s basis in his partnership interest was $60,000 at the beginning of the year which included his $25,000 share of partnership liabilities. At the end of the year, his share of partnership liabilities was $15,000. a.

How much income must Cameron report for the tax year?

What is Cameron’s basis in the partnership interest at the end of the year?

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Chap_14_2023 140. Sam and Drew are equal partners in SD LLC formed on June 1 of the current year. Sam contributed

land that he inherited from his uncle in 2015. Sam’s uncle purchased the land in 1988 for $30,000. The land was worth $100,000 when Sam’s uncle died. The fair market value of the land was $200,000 at the date it was contributed to the partnership. Drew has significant experience developing real estate. After the LLC is formed, he will prepare a plan for developing the property and secure zoning approvals for the LLC. Drew would normally bill a third party $50,000 for these efforts. Drew also will contribute $150,000 cash in exchange for his 50% interest in the LLC. The value of his 50% interest is $200,000. a.

How much gain or income will Sam recognize on his contribution of the land to the LLC? What is the character of any gain or income recognized?

b. What basis will Sam take in his LLC interest?

How much gain or income will Drew recognize on the formation of the LLC? What is the character of any gain or income recognized? Does Drew have a “carried interest”?

d. What basis will Drew take in his LLC interest?

Construct a balance sheet for SD LLC assuming that Drew’s services are completed e. immediately after forming SD. The balance sheet should show two numeric columns, including the LLC’s basis in assets and the fair market value of these assets.

Outline any planning opportunities that may minimize current taxation to any of the parties.

141. Cassandra is a 10% limited partner in C&C, Ltd. Her basis in the interest is $60,000 before loss allocations, including her $30,000 share of the partnership’s nonrecourse debt. (This debt is not qualified nonrecourse financing.) Cassandra is also a 10% limited partner in MNOP in which her basis is $30,000. Cassandra is allocated an $80,000 loss from C&C and $20,000 of income from MNOP. How much of the loss from C&C may Cassandra deduct? Under what Code provisions are the remaining losses suspended? Assume that Cassandra has no business losses from other sources.

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Chap_14_2023 142. On June 1 of the current tax year, Elisha and Ezra (who are equal partners) contribute property to form the

Double E General Partnership. Elisha contributes cash of $200,000. Ezra contributes a building and land with an adjusted basis and fair market value of $340,000, subject to a liability of $140,000. The partnership borrows $20,000 to finance construction of a parking lot in front of the building. At the end of the first year (December 31), the accrual basis partnership owes $8,200 in trade accounts payable to various creditors. The partnership reported net income of $30,000 for the year that the partners share equally. Assume that Elisha and Ezra share equally in partnership liabilities. How much is Elisha’s basis in the partnership interest on December 31? Ezra’s?

143. The JM Partnership was formed to acquire land and subdivide it as residential housing lots. On March 1,

2021, Jessica contributed land valued at $600,000 to the partnership in exchange for a 50% interest. She had purchased the land in 2014 for $420,000 and held it for investment purposes (capital asset). The partnership holds the land as inventory. On the same date, Matt contributed land valued at $600,000 that he had purchased in 2012 for $720,000. He also became a 50% owner. Matt is a real estate developer, but he held this land personally for investment purposes. The partnership holds this land as inventory. In 2023, the partnership sells the land contributed by Jessica for $620,000. In 2024, the partnership sells the real estate contributed by Matt for $580,000. a. What is each partner’s initial basis in his or her partnership interest? b.

What is the amount of gain or loss recognized on the sale of the land contributed by Jessica? What is the character of this gain or loss?

What is the amount of gain or loss recognized on the sale of the land contributed by Matt? What is the character of this gain or loss?

How would your answer in part (c) change if the property was sold in 2028?

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Chap_14_2023 144. An examination of the RB Partnership’s tax books provides the following information for the current year. Operating (ordinary) income before guaranteed payments Long-term capital gain Guaranteed payment to Rachel for services Cash distributions to Rachel Interest on Colorado state bonds (exempt interest income) Charitable contributions made by partnership Decrease in all partnership liabilities from 1/1-12/31

$300,000 6,000 30,000 (20,000) 2,000 (10,000) (20,000)

Rachel is a 30% general partner in partnership capital, profits, and losses. Assume that the adjusted basis of her partnership interest (including liability share) is $60,000 at the beginning of the year, and she shares in 30% of the partnership’s liabilities for basis purposes. a.

What is Rachel’s adjusted basis for the partnership interest at the end of the year? How much income must Rachel report on her tax return for the current year? What deductions might be available? What is the character of the income and what types of tax might apply to it?

145. In the current year, the DOE LLC received revenues of $200,000 and paid the following amounts: $50,000 of business expenses (rent, utilities, wages, depreciation, etc.), a $40,000 guaranteed payment (for services) to 50% member Dave, $10,000 to member Ethan for consulting services, and $10,000 as a distribution to member Olivia. In addition, the LLC earned $2,000 of tax-exempt interest income during the year. Dave is the managing member of the LLC. His basis in his LLC interest was $50,000 at the beginning of the year, which includes a $12,000 share of LLC liabilities. At the end of the year, his share of the LLC’s liabilities was $20,000. a. How much income must Dave report for the tax year and what is the character of the income? b. What is Dave’s basis in his LLC interest at the end of the tax year? c. On what income will Dave’s self-employment tax be calculated? d. What is the maximum amount Dave might be able to deduct for this business under § 199A? What additional information would Dave need to make this calculation?

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Chap_14_2023 146. Morgan is a 50% managing member in the calendar year, cash basis MKK LLC. The LLC received $150,000 income from services and paid the following other amounts. Rent expense Salary expense to employees Payment to Morgan for services per the operating agreement Distributions to partners Kristin and Katie ($6,000 each) Payment to 30% cash basis partner Katie for tax and accounting services

$10,000 40,000 40,000 12,000 10,000

How much will Morgan’s adjusted gross income increase as a result of these items? What other deductions must be considered? What amount will be included in Morgan’s self-employment tax calculation?

147. Emma and Laine form the equal EL Partnership. Emma contributes cash of $100,000. Laine contributes

property with an adjusted basis of $40,000 and a fair market value of $100,000. a. How much gain, if any, must Emma recognize on the transfer? Must Laine recognize any gain? If so, how much? b. What is Emma’s tax basis in her partnership interest? Her § 704(b) book basis? c. What is Laine’s tax basis in her partnership interest? Her § 704(b) book basis? d. What tax basis does the partnership take in the assets contributed by Laine and Emma? e.

How will the partnership account for the difference between the basis and value of the property transferred by Laine?

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Chap_14_2023 148. Katherine invested $80,000 this year to purchase a 30% interest in the KLM Partnership. The partnership reported $200,000 of net income from operations, a $2,000 short-term capital loss, and a $10,000 charitable contribution. In addition, the partnership distributed $20,000 to Katherine and $10,000 each to partners Lauren and Missy. If the partnership has no beginning or ending liabilities, what is Katherine’s basis in her partnership interest at the end of the year?

149. Sharon and Sue are equal partners in the S&S Partnership. On January 1 of the current year, each partner’s adjusted basis in S&S was $80,000 (including each partner’s $20,000 share of the partnership’s $40,000 of liabilities). During the current year, S&S repaid $30,000 of the debt and borrowed $20,000 for which Sharon and Sue are equally liable. In the current year ended December 31, S&S also sustained a net operating loss of $40,000 and earned $10,000 of interest income from investments. If liabilities are shared equally by the partners, on January 1 of the next year, how much is each partner’s basis in her interest in S&S?

150. During the current year, MAC Partnership reported the following items of receipts and expenditures: $600,000 sales, $80,000 utilities and rent, $200,000 salaries to employees, $20,000 guaranteed payment to partner Antonio for services to the partnership, investment interest income of $4,000, a charitable contribution of $8,000, and a distribution of $30,000 to partner Carl. Antonio is a 25% general partner. Based on this information, what information will be shown on Antonio’s Schedule K-1? What income and deductions will Antonio report? What taxes and other calculations might Antonio need to report?

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Chap_14_2023 151. Palmer contributes property with a fair market value of $4,000,000 and an adjusted basis of $3,000,000 to AP Partnership. Palmer shares in $3,000,000 of partnership debt under the liability sharing rules, giving him an initial adjusted basis for his partnership interest of $6,000,000. One month after the contribution, Palmer receives a cash distribution from the partnership of $2,000,000. Palmer would not have contributed the property if the partnership had not contractually obligated itself to make the distribution. Assume that Palmer’s share of partnership liabilities will not change as a result of this distribution. a.

Under the IRS’s likely treatment of this transaction, what is the amount of gain or loss that Palmer will recognize because of the $2,000,000 cash distribution?

What is the partnership’s basis for the property after the distribution?

If Palmer is unhappy with this result, can you suggest a possible alternative that may provide him with a better answer?

152. In the current year, Derek formed an equal partnership with Cody. Derek contributed land with an adjusted basis of $110,000 and a fair market value of $200,000. Derek also contributed $50,000 cash to the partnership. Cody contributed land with an adjusted basis of $80,000 and a fair market value of $230,000. The land contributed by Derek was encumbered by a $60,000 nonrecourse debt. The land contributed by Cody was encumbered by $40,000 of nonrecourse debt. Assume that the partners share debt equally. Immediately after the formation, what is the basis of Cody’s partnership interest?

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Chap_14_2023 153. George and James are forming the GJ Partnership. George contributes $600,000 cash and James contributes nondepreciable property with an adjusted basis of $400,000 and a fair market value of $750,000. The property is subject to a $150,000 liability, which is transferred into the partnership and is shared equally by the partners for basis purposes. George and James share in all partnership profits equally except for any precontribution gain, which must be allocated according to the statutory rules for built-in gain allocations. a.

What is James’s adjusted tax basis for his partnership interest immediately after the partnership is formed?

What is the partnership’s adjusted basis for the property contributed by James?

If the partnership sells the property contributed by James for $800,000, how is the tax gain allocated between the partners?

154. Carli contributes land to the newly formed CD Partnership in exchange for a 30% interest. The land has an adjusted basis and fair market value of $300,000 and is subject to a liability of $100,000, which the partnership assumes. None of this liability is repaid at year-end. At the end of the year, the partnership owes payables of $20,000. Assume that all liabilities are allocated proportionately to the partners. Total partnership income for the year is $400,000. What is Carli’s basis in her partnership interest at the end of the year?

155. Harry and Sally are considering forming a partnership for a new consulting business. Both taxpayers use the calendar year and are cash basis taxpayers. The partnership will not be a tax shelter. The partners are uncertain as to whether the partnership should use the cash or accrual method of accounting. Moreover, the idea of a tax deferral in the first year of operations has led them to consider using a June 30 fiscal year-end for the partnership. As their tax adviser, identify the issues that must be considered in selecting an accounting method and tax year for the partnership.

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Chap_14_2023 156. Jasmine Gregory is a 20% member in Sparrow Properties LLC, which is a lessor of residential rental

property. Her share of the LLC’s losses for the current year is $100,000. Immediately before considering the deductibility of this loss, Jasmine’s tax basis capital account (which, in this case, corresponds to her tax basis in the LLC interest, excluding liabilities) reflected a balance of $50,000. Jasmine has personally guaranteed a $10,000 debt of the LLC that is allocated to her as a recourse debt. Her share of the LLC’s nonrecourse debt is $30,000. This debt cannot be treated as qualified nonrecourse financing. Jasmine spends several hundred hours a year working for Sparrow Properties. Jasmine is also a managing member of Starling Rentals LLC, which is engaged in long-term (more than 30 days) equipment rental activities. (This is considered a passive activity.) Jasmine’s share of Starling’s income is $36,000. Jasmine is a single taxpayer. Her modified adjusted gross income before considering the LLCs’ activities is $300,000, and she has no other business losses. The “active participation” rental real estate deduction is not available to Jasmine. Determine how much of Sparrow’s $100,000 loss Jasmine can deduct on her current calendar year return. Using the format (1) facts, (2) issues, (3) conclusion, and (4) law and analysis, draft a memo for the client’s tax file describing the loss limitations. Identify the Code sections, if any, under which losses are suspended.

157. Your client owns a parcel of land that has depreciated in value. He wants to know if there is a way he can contribute the property to his partnership, have the partnership sell the property, and convert the existing capital loss into an ordinary loss. He also wants to know if part of the loss would be allocated to his other partners. What is your reaction?

158. What is the difference between a partner’s basis in the partnership interest and a partner’s tax basis capital account? Section 704(b) book capital account? What are the purposes of these amounts? Why are these amounts typically different?

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Chap_14_2023 159. What are syndication costs, and how are they treated for tax purposes?

160. Describe how a partnership calculates depreciation on property that is contributed by a partner? If the

partnership incurs additional costs that must be capitalized (i.e., transfer taxes related to changing the title), how are those costs treated?

161. The MOG Partnership reports ordinary income of $60,000, long-term capital gain of $12,000, and tax-exempt income of $12,000. The partnership agreement provides that Molly will receive all long-term capital gains and George will receive all tax-exempt interest income. Their allocation of ordinary income will be reduced accordingly, and Olivia will be allocated a proportionately greater share of ordinary income. (In other words, each partner will receive allocations totaling one-third of the total $84,000 of partnership income.) This allocation was agreed upon because Molly and George are in a high marginal tax bracket and Olivia is in a low marginal tax bracket. a.

Describe the elements that must be included in a partnership agreement for an allocation to have economic effect.

Discuss whether or not the MOG allocation would be permitted and provide your reasoning.

162. On the formation of a partnership, when might a disguised sale occur? How can this treatment be avoided?

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Chap_14_2023 Answer Key 1. True 2. False 3. True 4. False 5. False 6. False 7. True 8. False 9. False 10. False 11. False 12. False 13. True 14. True 15. False 16. False 17. True 18. True 19. False 20. True 21. False 22. False 23. False 24. True 25. False 26. True

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Chap_14_2023 27. True 28. False 29. True 30. False 31. True 32. False 33. False 34. True 35. False 36. True 37. False 38. True 39. True 40. True 41. True 42. True 43. False 44. False 45. True 46. True 47. True 48. True 49. False 50. False 51. True 52. False 53. True 54. True Copyright Cengage Learning. Powered by Cognero.

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Chap_14_2023 55. True 56. b 57. c 58. c 59. c 60. a 61. b 62. c 63. a 64. b 65. d 66. c 67. c 68. d 69. b 70. d 71. d 72. c 73. a 74. a 75. c 76. d 77. b 78. b 79. d 80. d 81. d 82. c Copyright Cengage Learning. Powered by Cognero.

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Chap_14_2023 83. b 84. d 85. a 86. b 87. c 88. b 89. b 90. c 91. c 92. d 93. a 94. d 95. d 96. b 97. b 98. c 99. f 100. n 101. b 102. a 103. g 104. m 105. j 106. l 107. o 108. p 109. e 110. d Copyright Cengage Learning. Powered by Cognero.

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Chap_14_2023 111. c 112. k 113. i 114. h 115. r 116. j 117. h 118. m 119. o 120. a 121. q 122. b 123. d 124. f 125. p 126. n 127. e 128. i 129. g 130. c 131. k 132. l

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Chap_14_2023 133. Revenues $300,000 Cost of goods sold (160,000) Salaries (80,000) Business interest expense (exactly 30% of net of above) (18,000) Partnership ordinary income $ 42,000

Nina’s share of: Partnership ordinary income ($42,000 × 50%) Separately stated tax-exempt income (not reported) Separately stated long-term capital gain (reported) Separately stated investment interest expense

$ 21,000 $ 1,000 $ 5,000 ($ 1,000)

The distributions to the partners are not deductible although the $20,000 distribution to Nina is shown on her Schedule K-1 so she can calculate her basis in the partnership interest and determine whether the distribution is taxable (probably not in this situation as it is less than the net $26,000 increase to her basis for current activity) 134. TM Partnership, Ltd., has incurred costs for organizing the partnership ($30,000), starting the business ($60,000),

transferring property ($5,000), and securing investors ($600,000) for the partnership. The organizational costs are treated under § 709. Under this section, the first $5,000 of such expenses are deducted (provided the total is less than $50,000); the remainder is amortized over 180 months. The startup costs are treated under § 195. The first $5,000 of such expenses are deducted, provided the total is less than $50,000. If costs exceed $50,000, the $5,000 deduction is phased out, dollar for dollar, by the amount of costs in excess of $50,000. When total costs equal or exceed $55,000, no portion of the expense is currently deductible. Instead, the full amount is amortized over 180 months. Under these rules, TM deducts $5,278 [$5,000 + ($25,000 × 2/180)] of organizational costs and $667 ($60,000 × 2/180) of startup expenses. The $5,000 transfer tax is treated as a cost of acquiring the land and is added to the partnership’s basis in the land (nondepreciable property). The $600,000 of brokerage commissions is treated as a syndication cost of the partnership. Under § 709, these costs cannot be deducted. If newly capitalized costs arise on a contribution of assets to the partnership (e.g., transfer taxes or legal fees), the partnership treats these costs as newly acquired MACRS property and commences depreciation at the date the partnership places the property in service.

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Chap_14_2023 135. $61,000. Sarah's contributed property has a $0 basis. Sarah is a 25% partner and will share in 25% of the partnership’s taxable income and tax-exempt income. In addition, her basis will include her allocable share of the partnership’s recourse liabilities. Her basis will be reduced by the cash distribution during the year. Beginning basis Plus: Share of partnership ordinary income (25% × $200,000) Plus: Share of tax-exempt income (25% × $4,000) Plus: Share of partnership liabilities Basis before losses and distributions Less: Distribution Ending basis

$ –0– 50,000 1,000 20,000 $71,000 (10,000) $61,000

136. a.

$50,000 loss. As a 40% owner, Lacy’s loss on the sale to the partnership is not disallowed.

b. $60,000 gain. The partnership has a cost basis in the property of

$200,000. Lacy would claim no loss. Section 707(b)(1)(A) would apply, and Lacy’s $50,000 realized loss would not be deductible. c.

On the partnership’s later sale of the property, it would recognize a gain of $10,000. Section 267(d) permits the partnership to offset any subsequent gain by the loss previously disallowed ($60,000 gain less $50,000 previously disallowed loss).

$80,000 gain. Lacy’s $80,000 gain would be ordinary under § 707(b)(2) if the investment property immediately after the transfer is not a capital d. asset of the Four GRRLs Partnership; otherwise it would probably be a capital gain.

137. a.

Romer’s basis in his partnership interest at the end of the tax year is determined as follows, using the ordering rules in Exhibit 10.2. Beginning basis Share of separately stated income items: Long-term capital gain

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Basis before loss allocation and distribution Less: Distribution (partnership payment of medical expenses) Basis before loss allocation Less: Ordinary loss allowed under § 704(d) Ending basis in interest

$46,000 (24,000) $22,000 (22,000) -0-

Romer reports the long-term capital gain as income. Per the ordering rules of Exhibit 10.2, the distribution is considered before the loss. The distribution from the partnership is not taxable because it is less than Romer’s basis after current income items. Romer’s ordinary loss from the partnership is limited under § 704(d) to $22,000. The remaining $10,000 ordinary loss is carried forward (as a suspended loss) until such time as Romer has sufficient basis in his partnership interest to utilize the loss. b. Brad’s basis in his partnership interest at the end of the tax year is determined

as follows.

Beginning basis Share of separately stated income items: Long-term capital gain Basis before loss allocation and distribution Less: Distribution Basis before loss allocation Less: Ordinary loss allowed under § 704(d) Ending basis in interest

$32,000 6,000 $38,000 (30,000) $8,000 (8,000) -0-

Brad reports the long-term capital gain. The distribution is again considered before determining the allowable loss. Brad’s basis is $8,000 lower than Romer’s, and the distribution Brad received is $6,000 higher than the distribution to Romer, so Brad’s deductible loss is $14,000 less than Romer’s. Brad may only deduct $8,000 of the loss. The remaining $24,000 loss is carried forward.

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Chap_14_2023 138. Patricia can deduct only $270.000 (2022) of her $720,000 share of the partnership’s operating loss on her tax return. Her adjusted basis for her partnership interest immediately before the deduction of any portion of the loss is $540,000 ($600,000 – $60,000 distribution). The amount of the loss that can be deducted is first limited by the $540,000 adjusted basis. Then, the remaining loss is limited by the at-risk amount of $340,000 ($600,000 – $60,000 distribution – $200,000 nonrecourse debt). (Patricia is not at-risk for her $200,000 share of the nonrecourse debt.) The passive loss rules do not apply, because Patricia is a material participant in the partnership. The last hurdle is that the loss cannot exceed the excess business loss limitation. As a single taxpayer, Patricia's limitation is $270,000 in 2022, and she carries forward (as a net operating loss) the $70,000 remaining loss that passed the other hurdles. Therefore, she can deduct a $270,000 loss on her return.

Adjusted basis [§ 704(d)] At risk amount (§ 465) Passive loss rules (§ 469) Excess business loss rules (§ 461(l)) *Net operating loss carryover

Deductible $540,000 340,000 Not applicable $270,000

Suspended $180,000 200,000 $70,000*

If MOP were an LLC, the nominally recourse debt of $50,000 would not be included in Patricia’s amount at risk because she did not personally guarantee the debt. Her loss at that level would be limited to $290,000 ($340,000 – $50,000). The excess business loss remains $270,000, but the net operating loss carryover would be reduced to $20,000 ($290,000 allowed under the at-risk rules - $270,000 limitation for 2022).

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Chap_14_2023 139. a. $45,000 ordinary income and $3,000 LTCG. The partnership’s ordinary income is calculated as follows. Revenues Less: Rent, utilities, and salaries Less: Guaranteed payment to Ryan Less: Consulting expenses to Amy Ordinary income

$400,000 (160,000) (40,000) (20,000) $180,000

The distribution to Cameron is not deductible. The guaranteed payment to Ryan and the consulting service payment to Amy are deductible business expenses. Cameron’s 25% share of CAR’s ordinary income is $45,000. The $12,000 net long-term capital gain is a separately stated item of which Cameron’s share is $3,000. Ryan (not Cameron) reports the guaranteed payment as income.

b. Beginning basis Plus: Share of ordinary income Plus: Share of net long-term capital gain Less: Decrease in share of partnership liabilities Less: Cash distribution to Cameron Ending basis

$60,000 45,000 3,000 (10,000) (40,000) $58,000

140. a. None. Under § 721, neither the LLC nor any of the members recognize gain on

contribution of property to an LLC in exchange for an interest in the LLC. $100,000. Sam’s basis in his LLC interest will equal the basis he held in the property he inherited from his uncle. The basis a beneficiary takes in property b. received from an estate generally equals the fair market value of the asset at the date of death or at the alternate valuation date (six months later) if available and elected. Drew will recognize $50,000 of ordinary income. The fair market value of Drew’s 50% LLC interest is $200,000. Because Drew will contribute only $150,000 of property, the difference between the amount contributed and the value of the interest will be treated as being for services rendered to the LLC. c. Services do not constitute “property” for purposes of § 721 nonrecognition Copyright Cengage Learning. Powered by Cognero.

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treatment. Drew does not have a carried interest because (1) it is a capital interest, and (2) Drew “paid” for the interest by recognizing income equal to the value of the interest. d.

Drew’s basis in his LLC interest will be $200,000 [$150,000 (cash contributed) + $50,000 (the amount of ordinary income recognized for services rendered to the partnership)].

SD’s balance sheet is as follows immediately after formation. (The column totals are calculated using the “sum” command.)

Assets Cash Land Land Improvements Total assets

Basis $150,000 100,000 50,000 $300,000

FMV $150,000 200,000 50,000 $400,000

Partners’ capital Sam’s capital Drew’s capital Total capital

$100,000 200,000 $300,000

$200,000 200,000 $400,000

SD LLC will capitalize the $50,000 deemed payment for Drew’s services, because the services relate to a capitalizable expenditure. The LLC will reflect this $50,000 in “cost of lots sold” as the development lots are sold. Drew could prepare a development plan and secure zoning permits before the LLC is formed. He could then contribute these plans and permits to SD in addition to the $150,000 cash. Because a completed plan would be considered f. “property,” no portion of his LLC interest would be received in exchange for services if this were done. The entire transaction would be considered under § 721.

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Chap_14_2023 141. Cassandra can deduct a $20,000 loss after application of all rules. Her $80,000 loss from C&C is first limited by the basis rules of § 704(d); $20,000 of the loss ($80,000 loss – $60,000 basis) is limited under this rule. The remaining loss of $60,000 is tested under the at-risk rules. Cassandra’s amount at risk is $30,000 (her basis less the nonrecourse debt); $30,000 of the loss ($60,000 – $30,000) is suspended under the at-risk rules. As a limited partner, the remaining $30,000 loss is treated as a passive loss. That loss can be deducted to the extent of Cassandra’s passive income from MNOP, or $20,000. The remaining $10,000 of loss is suspended under the passive loss rules. Deductible $60,000 30,000 20,000

Adjusted basis [§ 704(d)] At risk amount (§ 465) Passive loss rules

Suspended $20,000 30,000 10,000

142. Both Elisha’s and Ezra’s bases in the partnership interests are $299,100 at the end of the year. Elisha’s initial basis

of $200,000 (cash contribution) is increased by a $70,000 share of the liability on the contributed land, a $10,000 share of the construction debt, and a $4,100 share of the accounts payable debt. In addition, Elisha’s basis is increased by the $15,000 share of the partnership’s taxable income. Ezra’s initial basis of $340,000 (building and land basis) is reduced by the $140,000 debt assumed by the partnership and then increased by a $70,000 share of the liability on the contributed land, a $10,000 share of the construction debt, and a $4,100 share of the accounts payable debt. In addition, Ezra’s basis is also increased by the $15,000 share of the partnership’s taxable income. The bases are the same because the fair market value of Ezra’s contributed property was the same as its tax basis and because both partners (logically) contributed net assets with equal net fair market values. 143. a. The partners’ initial bases in their partnership interests are the same

amounts as their bases in the contributed property (§ 722). Jessica’s basis Matt’s basis

$420,000 $720,000

The 2023 sale results in ordinary income of $200,000 to the partnership. Selling price Basis Gain

$620,000 (420,000) $200,000

The gain is ordinary income because the land is held as inventory by the partnership. The land was a capital asset to Jessica, but no Code provision allows treatment of the gain based on Jessica’s use rather than the partnership’s use. Copyright Cengage Learning. Powered by Cognero.

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c. The 2024 sale results in a $140,000 loss (including a $120,000 capital loss

and a $20,000 ordinary loss. Selling price Basis Loss

$580,000 (720,000) ($140,000)

As a sale of inventory (determined at the partnership level), the sale in 2024 of the land contributed by Matt would normally result in an ordinary loss. However, § 724 overrides the usual treatment. The character of the precontribution loss, instead, is determined based on the character of the property in Matt’s hands. This sale was within five years of the capital contribution date, so the loss is capital in nature to the extent of the built-in loss at the contribution date, which is: FMV at contribution Basis Capital loss

$600,000 (720,000) ($120,000)

The remaining $20,000 loss in 2024 is an ordinary loss because the character of the post-contribution loss is based on the partnership’s ownership and use of the property as inventory. If the property Matt contributed was sold by the partnership in 2029, the entire $140,000 loss would be treated as an ordinary loss. A sale in 2029 d.

would not be within five years of the contribution date, so the character of the loss would be determined solely by reference to the character of the asset to the partnership. Because the land is inventory to the partnership, the loss in 2029 would be ordinary.

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Chap_14_2023 144. a. Adjusted basis, beginning of year Plus: Share of income after guaranteed payment ($270,000 × 30%) Long-term capital gain ($6,000 x 30%) Share of interest on Colorado state bonds ($2,000 × 30%) Share of partnership charitable contributions ($10,000 x 30%) Decrease in share of partnership liabilities ($20,000 × 30%) Cash distributions Adjusted basis, 12/31

$60,000 $81,000 1,800 600

83,400

$3,000 6,000 20,000 (29,000) $114,400

Rachel will report $81,000 of income from the partnership plus a long-term capital gain of $1,800. She may be able to deduct $3,000 of charitable contributions as an itemized deduction. She might also be able to claim the QBI deduction. In addition, Rachel must report the $30,000 guaranteed payment as ordinary income. The bond interest income is nontaxable. The cash distribution and debt reduction are not taxable because they do not exceed her basis before those items. Her guaranteed payment ($30,000) and her distributive share ($81,000) are subject to SE tax (and possibly additional Medicare tax) because she is a general partner. The capital gain might be subject to the net investment income tax.

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Chap_14_2023 145. a. Revenues Less: Business expenses Less: Guaranteed payment (for services) to Dave Less: Consulting expenses to Ethan Ordinary business income

$200,000 (50,000) (40,000) (10,000) $100,000

The distribution to Olivia is not deductible. The payment to Ethan is a deductible business expense. Dave’s share of DOE’s ordinary income is $50,000. The $2,000 of tax-exempt interest income is a separately stated item, of which Dave’s share is $1,000. (It is not taxable to Dave but will increase his basis.) In addition, Dave must report the $40,000 guaranteed payment as gross income. Dave's total ordinary income from the partnership, then, is $90,000 (plus the $1,000 of exempt income). b. Beginning basis Plus: Increase in share of the LLC’s liabilities Plus: Share of ordinary income Plus: Share of tax- exempt interest income Dave's ending basis

$ 50,000 8,000 50,000 1,000 $109,000

Dave’s guaranteed payment does not affect his basis. c. Dave’s distributive share of $50,000 and his $40,000 guaranteed payment ($90,000 total) are subject to SE tax. d. Dave's maximum deduction under § 199A is $10,000, or 20% of Dave's 50% share of DOE's ordinary income. QBI does not include income from guaranteed payments, as they are treated (for this purpose) as being more in the nature of salary/wages or investment income. To determine whether this amount is limited, DOE would need to provide Dave's share of any W-2 wages paid to DOE's employees, and his share of the LLC's unadjusted basis of depreciable property. This information is used to calculate two amounts: The higher of the amounts is the limitation. Dave's QBI for this business is the lesser of $10,000 or the limitation. An additional taxable income limitation applies, plus Dave will have additional calculations if he has additional activities subject to QBI.

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Chap_14_2023 146. $65,000 income and amount included in SE tax calculation. Morgan might be able to claim a QBI deduction of $5,000 (20% of the $25,000 share of partnership ordinary income). The $40,000 payment to Morgan is a guaranteed payment and is deductible by the partnership. The $10,000 payment to Katie is deductible under § 707(a), because it was an ordinary business expense paid during the year. The distributions to Kristen and Katie are not deductible by the partnership. Income from services Less: Rent expense Salaries to employees Guaranteed payment to Morgan Payment to Katie for services Partnership income

$150,000 $10,000 40,000 40,000 10,000

(100,000) $ 50,000

Of this $50,000 partnership income, 50%, or $25,000, is allocated to Morgan. She must also include the $40,000 guaranteed payment in her gross income this year, because she and the partnership use the same reporting period. The guaranteed payment is not eligible for the QBI deduction. This $65,000 is included in Morgan’s SE tax calculation. 147.

Under § 721, neither the partnership nor the partners recognizes any gain on formation of the entity. Emma will take a tax and § 704(b) book basis of $100,000 in her b. partnership interest. Laine will take a substituted tax basis of $40,000 in her partnership interest ($40,000 tax basis in the property contributed c. to the entity). Her § 704(b) book basis will equal the fair market value of the property, or $100,000. The partnership will take a carryover basis in the assets it receives d. ($100,000 basis in cash and $40,000 basis in property). The partnership will treat the $60,000 difference between the basis and fair market value of the property Laine contributed as a e. precontribution gain that must be allocated to Laine when the property is sold or as described under the Regulations if the property is depreciable. a.

148. $116,400. Katherine’s initial basis of $80,000 is increased by her 30% share of partnership income from operations ($60,000). Her basis is decreased by her 30% share of the partnership’s charitable contribution ($3,000) and the short-term capital loss ($600). It is also decreased by the $20,000 distribution she received. The distributions to Lauren and Missy do not affect Katherine’s basis. Katherine’s ending basis, then, is $116,400 ($80,000 + $60,000 – $600 – $3,000 – $20,000).

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Chap_14_2023 149. Beginning basis Plus: Share of interest income Less: Net decrease in share of partnership debt Less: Share of S&S loss Ending basis

$80,000 5,000 (5,000) (20,000) $60,000

150. Sales Utilities and rent Salaries Guaranteed payment to Antonio Partnership ordinary income

$600,000 (80,000) (200,000) (20,000) $300,000

Separately stated interest income

$ 4,000

Guaranteed payment to partner

$20,000

Separately stated charitable contribution

$ 8,000

The distribution to Carl is not deductible by the partnership and will not affect Antonio's Schedule K-1. Antonio’s share of the partnership’s ordinary income is $75,000 ($300,000 × 25%). He also reports his separately stated share of interest income of [$1,000 ($4,000 × 25%)] and charitable contributions [$2,000 ($8,000 × 25%)]. Antonio’s K-1 will also show his guaranteed payment of $20,000, his net earnings from self-employment ($95,000 = $75,000 ordinary income + $20,000 guaranteed payment), and other information he might need in order to prepare his return (e.g., AMT, QBI, and/or investment income information). Antonio will report his shares of ordinary income, interest income, and the guaranteed payment and might be able to deduct the charitable contributions. He might be able to claim a QBI deduction. He might need to calculate alternative minimum tax, self-employment tax, additional Medicare tax, and the net investment income tax.

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Chap_14_2023 151. a.

Palmer likely will recognize a $500,000 [($4,000,000 – $3,000,000) × 50% ] gain on the transaction. Palmer received a cash payment equal to one-half the value of the property he contributed. The IRS would likely treat this as a disguised sale of the property which is presumed to occur when a contractual agreement requires a contribution by a partner to be followed within two years by a specified distribution by the partnership and the distribution is made without regard to partnership profits. Both these issues occur in this scenario. While Palmer could argue that the intent of this transaction is not to create a disguised sale, it is doubtful that he would be successful.

The partnership’s total basis for the property is $3,500,000. Its basis for the purchased property is the $2,000,000 cost of the property (the partnership is deemed to have paid for the property). In addition, the partnership has a $1,500,000 carryover basis for the portion of the property that was contributed rather than purchased.

If Palmer can wait for more than two years to receive the distribution and if the distribution is not contractually guaranteed, the contribution and distribution transactions will be presumed not to be a disguised sale. The distribution will be treated as a normal distribution that will not create capital gain for Palmer unless the distribution amount exceeds the adjusted basis for his partnership interest when the distribution is made.

152. Basis of land Deemed cash distribution (relief of Cody’s debt) Share of Cody’s debt Share of Derek’s debt Cody’s basis

$80,000 (40,000) 20,000 30,000 $90,000

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Chap_14_2023 153. a. $400,000

Basis of property contributed

75,000

Plus: James’s share of partnership liability Less: James’s liability transferred to partnership

$325,000

Basis in partnership interest b.

(150,000)

Partnership’s basis (carryover basis) is $400,000.

c. $800,000 (400,000) $400,000

Sales price Less: Adjusted basis Total gain on sale

Built-in (precontribution) gain Remaining gain Gain allocated to partner

James

George

$350,000

–0–

25,000

$375,000

$25,000

154. Basis in land contributed to CD Less: Relief of liability assumed by partnership Plus: Share of liability related to land ($100,000 × 30%) Plus: Share of trade accounts payable ($20,000 × 30%) Plus: Share of partnership income ($400,000 × 30%) Ending basis in partnership interest

$300,000 (100,000) 30,000 6,000 120,000 $356,000

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Chap_14_2023 155. Because neither partner is a C corporation and the partnership is not a tax shelter, the partnership may select any accounting method: cash, accrual, or a hybrid of the two methods. (If one partner was a C corporation, the cash method could still be used unless the average annual gross receipts exceeded a threshold amount ($27,000,000 in 2022). If the partnership uses the accrual method of accounting in determining its income, the partners will be taxed on partnership revenues from all closed transactions. In this regard, it does not matter whether cash has been received by the partnership and whether the partners use the accrual method on their individual tax returns. Thus, if the partnership adopts the accrual method for tax purposes, the partners may be faced with reporting and paying taxes on partnership income long before cash is available for distribution. However, under accrual accounting, expenses incurred but not paid may serve to mitigate or eliminate this possibility. Regarding the July 1 to June 30 fiscal year, the desired tax deferral has little chance of success. Under § 706(b), the partnership must use the calendar year unless Harry and Sally can convince the IRS that a business purpose exists for a tax year other than the calendar year. Nothing in the fact pattern indicates that a valid business purpose exists for a fiscal year. The partnership may also elect to use a tax year other than the required tax year if the deferral period is three months or less (e.g., September, October or November year-end), and if the partnership agrees to deposit tax on the deferred income at a specified tax rate. This election cannot be used in this situation to obtain a July 1 to June 30 fiscal year. 156. TAX FILE MEMORANDUM

DATE FROM SUBJECT

January 30, 2023 Beth Mullins Deductibility of loss from LLC

Facts. Jasmine Gregory reports the following allocations and bases in her LLC interests for the current year. Sparrow Starling Income (loss) allocation ($100,000) $36,000 Basis excluding liabilities 50,000 N/A Recourse liability allocation 10,000 N/A Nonrecourse liability allocation 30,000* N/A *This debt cannot be treated as qualified nonrecourse financing. Jasmine spends significant time working for each LLC during the year. Her modified AGI is $300,000 before considering the LLCs’ activities. She has no other business losses. Issues. How much of the $100,000 loss from Sparrow Properties LLC can Jasmine deduct in the current year? Under what Code provision are any disallowed losses suspended? Conclusion. Jasmine can deduct $36,000 of the $100,000 loss. Of the disallowed loss, $10,000 is suspended under § 704(d). An additional $30,000 is suspended under the at-risk limitations. The remaining suspended loss of $24,000 is suspended under the passive activity loss rules of § 469. The special $25,000 deduction for active participation in a passive real estate activity is not available because Jasmine’s modified AGI is too high. None of Copyright Cengage Learning. Powered by Cognero.

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Chap_14_2023

the loss is suspended under the excess business loss limitation. Law and analysis. Under § 704(d), Jasmine may deduct a portion of the Sparrow loss equal to her basis in her LLC interest, including recourse and nonrecourse liabilities. The basis is $90,000 ($50,000 + $10,000 + $30,000), and the excess $10,000 loss is suspended. The $30,000 of nonrecourse debt cannot be included in the amount at risk, because it is not qualified nonrecourse indebtedness. Therefore, an additional $30,000 is suspended under the at-risk limitation rules of § 465. (After this limitation, $60,000 of the loss is still available for testing under the passive loss limitation rules.) The activities of both LLCs are treated as rental activities, which, by definition, are passive for purposes of § 469. The Sparrow loss is deductible to the extent of the $36,000 of income from Starling. Also, because Sparrow conducts rental real estate activities and Jasmine is an active participant owning more than 10%, this loss is eligible for an additional $25,000 deduction. However, none of this additional $25,000 deduction is available to Jasmine, because her modified AGI exceeds $150,000 (the top of the phaseout range for the additional deduction allowance). The $36,000 loss allowed under the passive activity loss rules exactly equals the passive income from Starling, so the net deductible loss from all activities is $0. Therefore, the excess business loss limitation does not apply.

157. In the short run, it would not be possible to convert the capital loss into an ordinary loss. If the client can wait more

than five years for the partnership to sell the property, the character of the loss would be determined by reference to the partnership’s use of the land. The built-in (precontribution) loss would be allocated to the client and any loss arising after the contribution date would be allocated according to the provisions in the partnership agreement. Section 724 provides that when property is sold by a partnership at a loss within five years of the date the property is contributed, any built-in capital loss at the contribution date remains a capital loss, regardless of the partnership’s use of the property. For example, even if the land was considered inventory by the partnership rather than a capital asset, sale of that land within five years would result in a capital loss to the extent of the built-in loss at the contribution date. When a partner contributes property to a partnership, any built-in gain or loss must be tracked and allocated to the contributing partner under § 704(c). Therefore, the built-in loss (whether capital or ordinary) would be allocated to the client when the property is eventually sold; that loss cannot be allocated to the other partners..

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Chap_14_2023 158. Tax basis in partnership interest. A partner’s basis in the partnership interest is the tax measure by which any taxable gain or loss is determined upon sale of the interest or receipt of cash distributions from the partnership. Basis is also used as the measure for determining whether the partner’s share of partnership losses can be deducted. Section 704(b) book capital. The partner's § 704(b) book capital account balance is an accounting measure of the partner’s ownership interest in the entity. Section 704(b) book capital accounts are referenced in determining the partnership’s allocations of income, gains, losses, deductions, and credits among the partners under § 704(b). In addition, liquidating distributions must be in accordance with ending § 704(b) book capital account balances under the substantial economic effect rules. Tax basis capital account. A partner's tax basis capital account is a measure of the partner's share of the tax basis of partnership assets. The tax basis capital account is reported on the partner's Schedule K-1. The partner’s initial tax basis (cost, gift, or inherited basis) is increased by her or his contributions to and decreased by distributions from the partnership (including changes in the partner’s share of partnership liabilities). In addition, tax basis is increased by the partner’s share of income and gains and decreased by her or his share of deductions and losses. Section 704(b) book capital accounts are similarly adjusted, except the adjustments are based on fair market value determinations and the calculation generally does not include the partner’s share of partnership liabilities. The partner's tax basis capital accounts are subject to these same increases and decreases, but the amounts are determined on a tax rather than fair market value basis; and again, liabilities are not included. On Schedule K-1, the tax basis capital account plus the partner's share of partnership debt will typically approximate the partner's tax basis in the partnership interest. (An exception would be if a step-up/down event occurred but the partnership decided not to make a § 754 election.) In contrast, the partner's (1) basis in the partnership and (2) § 704(b) book capital account are not typically shown in the partnership's tax return. 159. Syndication costs are costs incurred in bringing an investment partnership to market. These costs include brokerage commissions and fees; registration fees; legal and accounting fees for developing the offering document; and printing and distribution costs for the prospectus, placement memoranda, and related documents. Under § 709, syndication costs cannot be deducted and no amortization is permitted. Upon termination of the partnership, the partners’ bases will theoretically still include those costs, so the partner might have a lower gain or a greater loss at that time. 160. For property contributed by a partner to a partnership, the partnership “steps into the shoes” of the contributing

partner and continues to use the depreciation schedule used by the partner. For example, assume that at the midpoint of year 4, a calendar year partner contributes nonresidential real property that was purchased in August of year 1. The current year’s cost recovery will be calculated using the 39-year MACRS table for the “eighth month,” fourth recovery year. One-half of the cost recovery would be allocated to the partner, and the remainder would be allocated to the partnership. The following year would be the fifth recovery year, and the cost recovery would be allocated completely to the partnership. If newly capitalized costs arise on a contribution of assets to the partnership (e.g., transfer taxes or legal fees), the partnership treats these costs as newly acquired MACRS property and commences depreciation at the date the partnership places the property in service.

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Chap_14_2023 161. a.

For partnership allocations to meet the economic effect tests under the § 704(b) Regulations, a partnership agreement should provide that (1) capital accounts will be maintained, (2) liquidating proceeds will be distributed according to capital account balances, and (3) any partner with a deficit capital account balance will contribute cash to the partnership to eliminate the deficit.

The MOG allocation will not be permitted. In addition to the three requirements above, the allocations must also meet the "substantial" requirement. Though the partnership agreement may meet the economic effect tests under § 704, the allocation does not produce pre-tax economic consequences to Molly and George. Therefore, the allocations are not effective for tax purposes because they have no function other than the reduction of the partners’ combined tax liability.

162. A disguised sale might occur when a partner contributes appreciated property to a partnership and soon thereafter receives a cash distribution from the partnership. Under §§ 721 and 731, the contribution and distribution transactions normally would not be taxable events if the partner has sufficient basis to cover the distribution. If the appearance of the transaction is that the contribution and distribution are related, the IRS may take the position that the partnership form was simply used to accommodate a transaction that was intended to be a sale. Disguised sale treatment can be avoided if the other partners receive similar and proportionate distributions; the partnership is not obligated to make the distribution; at the contribution date, the partner’s rights to future distributions are clearly subject to entrepreneurial risk; or the distribution is more than two years after the contribution occurred.

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Chap_15_2023 Indicate whether the statement is true or false. 1. An estate may be a shareholder of an S corporation. a. True b. False 2. An S corporation does not recognize a loss when distributing assets that are worth less than their basis. a. True b. False 3. The termination of an S election occurs on the day after a corporation ceases to be a qualifying S corporation. a. True b. False 4. An S shareholder’s stock basis can be reduced below zero. a. True b. False 5. A corporation can revoke its S election as of a future date. a. True b. False 6. An S shareholder’s stock basis does not include a ratable share of S corporation liabilities. a. True b. False 7. A one-person LLC can be a shareholder of an S corporation. a. True b. False 8. An item such as tax-exempt interest that appears in the Other Adjustments Account affects stock basis, but not AAA. a. True b. False 9. Most limited liability partnerships can own stock in an S corporation. a. True b. False 10. The passive investment income of an S corporation includes gains from the sale of securities. a. True b. False 11. An S corporation can claim a deduction for its operating loss amounts. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_15_2023 12. When loss assets are distributed by an S corporation, a shareholder’s basis is equal to the asset’s fair market value. a. True b. False 13. An S corporation cannot incur a tax liability at the corporation level. a. True b. False 14. The Section 179 expense deduction is a Schedule K item on the Form 1120S. a. True b. False 15. A distribution from the other adjustment account (OAA) is not taxable to an S shareholder. a. True b. False 16. Any distribution of cash or other property by a corporation that does not exceed the balance of AAA with respect to S stock during a post-termination transition period of approximately one year is applied against and reduces the basis of the S stock. a. True b. False 17. An S shareholder’s basis is increased by stock purchases and capital contributions. a. True b. False 18. An S shareholder’s basis is decreased by distributions treated as being paid from AAA. a. True b. False 19. An S corporation's AAA can have a negative balance. a. True b. False 20. Tax-exempt income at the S corporation level flows through as taxable income to the shareholder. a. True b. False 21. A per-day, per-share allocation of flow-through S corporation items must be used. a. True b. False

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Chap_15_2023 22. A former spouse is treated as being in the same family as the individual to whom they were married for purposes of determining the number of S corporation shareholders. a. True b. False 23. Persons who were S shareholders during any part of the year before the election date but were not shareholders when the election was made also must consent to an S election. a. True b. False 24. The LIFO recapture tax is a variation of the passive investment income penalty tax. a. True b. False 25. An S shareholder’s stock basis is reduced by flow-through losses before accounting for distributions. a. True b. False 26. Depreciation recapture income is a Schedule K item on the Form 1120S. a. True b. False 27. An S election made before becoming a corporation is valid only beginning with the first 12-month tax year. a. True b. False 28. The exclusion of gain on disposition of small business stock is not available on disposition of S corporation stock. a. True b. False 29. The corporate-level tax on recognized built-in gains applies when an S corporation disposes of an asset in a taxable disposition within five years after the date on which the S election took effect. a. True b. False 30. A newly formed S corporation does not receive any tax benefit from a C corporation's NOL incurred in its first election tax year. a. True b. False 31. NOL carryforwards from C years can be used in an S corporation year against ordinary income. a. True b. False

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Chap_15_2023 32. There are no advantages for an S corporation to issue § 1244 stock. a. True b. False 33. An S corporation shareholder’s stock basis includes their direct investments plus a ratable share of any corporate liabilities. a. True b. False 34. A corporation may alternate between S corporation and C corporation status each year depending on which results in more tax savings. a. True b. False 35. Liabilities affect the owner’s basis differently in an S corporation than they do in a partnership. a. True b. False 36. At least 51% of the shareholders must consent to an S election. a. True b. False 37. S corporation status allows shareholders to realize tax benefits from corporate losses immediately (assuming sufficient stock basis). a. True b. False 38. A capital loss allocated to a shareholder always reduces the Other Adjustments Account. a. True b. False 39. The passive investment income of an S corporation includes net capital gains from the sale of stocks and securities. a. True b. False 40. The AAA begins with a zero balance on the first day of an S corporation’s first tax year. a. True b. False 41. Compensation for services rendered to an S corporation generates a corporate-level FICA tax liability. a. True b. False

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Chap_15_2023 42. Distributions of appreciated property by an S corporation are not taxable to the entity. a. True b. False 43. Tax-exempt income at the corporate level flows through as exempt income to S shareholders. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 44. Kinney, Inc., an electing S corporation, holds $5,000 of AEP and $9,000 in AAA at the beginning of the calendar tax year. Kinney has two shareholders, Eric and Maria, each of whom owns 500 shares of Kinney’s stock. Kinney’s taxable income is $6,000 for the year. Kinney distributes $6,000 to each shareholder on February 1, and it distributes another $3,000 to each shareholder on September 1. How is Eric taxed on the distribution? a. $500 dividend income. b. $1,000 dividend income. c. $1,500 dividend income. d. $3,000 dividend income. 45. If an S corporation’s beginning balance in OAA is zero and the following transactions occur, what is the entity's ending OAA balance? Depreciation recapture income Payroll tax penalty Tax-exempt interest income Nontaxable life insurance proceeds Life insurance premiums paid (nondeductible)

$21,000 4,200 5,300 5,100 2,800

a. $1,300 b. $7,600 c. $23,300 d. $27,500 46. Which statement is incorrect with respect to the number-of-shareholders test in filing an S election? a. Husband Jaime and wife Maria count as one shareholder. b. Grandmother Adela and granddaughter Maria count as one shareholder. c. Husband Jaime and ex-wife Isabel count as one shareholder. d. All of these statements are correct.

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Chap_15_2023 47. This year, Jiang, the sole shareholder of a calendar year S corporation, received a distribution of $17,000. On December 31 of the prior year, his stock basis was $3,000. The corporation earned $12,000 ordinary income during the year. It has a zero balance in accumulated E&P. Which statement is correct? Ignore the 20% QBI deduction. a. Jiang recognizes a $2,000 LTCG. b. Jiang’s stock basis will be $2,000. c. Jiang’s ordinary income is $15,000. d. Jiang’s return of capital is $11,000. 48. Which of the following items, if any, decreases an S corporation’s AAA? a. Section 1231 loss. b. Expenses related to tax-exempt income. c. Depletion in excess of basis. d. Distribution from earnings and profits. 49. An S corporation is subject to the following tax(es). a. Corporate income tax. b. Built-in gains tax. c. Alternative minimum tax. d. None of these. 50. Which item does not appear on Schedule K of Form 1120S? a. Intangible drilling costs. b. Foreign loss. c. Utilities expense. d. Recovery of a tax benefit. 51. Which statement is incorrect? a. S corporations are treated as corporations under state law. b. S corporations are treated as partnerships for Federal income tax purposes. c. Distributions of appreciated property are taxable to the S corporation. d. All of these.

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Chap_15_2023 52. Amit, Inc., an S corporation, holds an AAA balance of $614,000 at the beginning of the tax year. During the year, the following items occur. Operating income Interest income Dividend income Municipal bond interest income Long-term capital loss from sale of investment land Section 179 depreciation deduction Charitable contributions Cash distributions

$501,000 6,500 13,020 6,000 7,400 6,000 19,000 57,000

Amit’s ending AAA balance is: a. $1,045,120. b. $1,185,150. c. $1,191,150. d. $1,242,150. 53. Oxen Corporation incurs the following transactions. Net income from operations Interest income from savings account Long-term capital gain from sale of securities Short-term capital loss from sale of securities

$100,000 3,000 10,000 4,000

Oxen maintains a valid S election and does not distribute any assets (cash or property) to its sole shareholder, Megan. As a result, Megan must recognize (ignore 20% QBI deduction): a. Ordinary income of $103,000. b. Ordinary income of $103,000 and long-term capital gain of $6,000. c. Ordinary income of $103,000, long-term capital gain of $10,000, and $4,000 short-term capital loss. d. Ordinary income of $109,000. 54. Which statement is incorrect with respect to an S shareholder’s consent? a. Both spouses must consent if one owns the stock as community property. b. An S election requires a consent from all of the S corporation’s shareholders. c. A consent must be in writing. d. All of these statements are correct.

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Chap_15_2023 55. A cash basis calendar year C corporation reports $100,000 of accounts receivable on the date of its conversion to S status on February 10. By the end of the year, $60,000 of these receivables have been collected. Calculate any built-in gains tax, assuming that there is sufficient taxable income. a. $-0b. $12,600 c. $21,000 d. $35,000 56. Identify a disadvantage of being an S corporation. a. Estates can be shareholders. b. Losses flow through immediately to the shareholders. c. Section 1202 treatment (qualified small business stock) is not available. d. Tax-exempt income flows through as excludible to shareholders. 57. Several individuals acquire assets on behalf of Skip Corporation on May 28, purchased assets on June 3 and began business on June 11. They subscribe to shares of stock, file articles of incorporation for Skip, and become shareholders on June 21. The S election must be filed no later than two and one-half months after: a. May 28. b. June 3. c. June 11. d. June 21. 58. Which of the following reduces a shareholder’s S corporation stock basis? a. Depletion deductions in excess of the basis of property. b. Illegal kickbacks paid. c. Nontaxable income. d. A 20% QBI deduction. 59. On January 1, Bobby and Alice equally own all of the stock of an electing S corporation called Prairie Dirt Delight. The entity incurs a $60,000 loss for a nonleap year. On the 200th day of the year (not a leap year), Bobby sells his one-half of the stock to his son, Saul. How much of the $60,000 loss, if any, is allocated to Bobby? a. $-0b. $13,562 c. $16,438 d. $32,877 60. Which statement is incorrect with respect to filing an S election? a. Form 2553 must be filed. b. All shareholders must consent. c. The election may be filed in the previous year. d. An extension of time is available for filing the application.

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Chap_15_2023 61. A new S corporation shareholder can revoke the S election unilaterally, if they own how much of the existing S corporation’s stock? a. More than 50%. b. 50% or more. c. The election can be revoked only if all of the shareholders consent. d. The election cannot be revoked during the first year of the new shareholder’s ownership. 62. An S corporation must possess which of the following characteristics? a. Not more than 100 shareholders. b. Corporation organized in the United States. c. Only one class of stock. d. All of these. 63. Which item does not appear on Schedule K of Form 1120S? a. Tax-exempt interest income. b. Section 1231 gain. c. Section 179 depreciation deduction. d. Depreciation recapture income. 64. A calendar year C corporation reports a $41,000 NOL in 2022, but it elects S status for 2023 and generates an NOL of $30,000 in that year. At all times during 2023, the stock of the corporation was owned by the same 10 shareholders, each of whom owned 10% of the stock. Kris, one of the 10 shareholders, holds an S stock basis of $2,300 at the beginning of 2023. How much of the 2023 loss, if any, can she deduct? a. $-0b. $2,300 c. $3,000 d. $7,100 65. Lemon Corporation incurs the following transactions. Net income from operations Interest income from saving account Long-term capital gain from sale of securities Short-term capital loss from sale of securities

$110,000 5,000 9,000 4,000

Lemon maintains a valid S election and does not distribute any dividends to its shareholder, Nina. As a result, which of the following must Nina recognize? Ignore the 20% QBI deduction. a. Ordinary income of $115,000 and long-term capital gain of $5,000. b. Ordinary income of $115,000, long-term capital gain of $9,000, and $4,000 short-term capital loss. c. Ordinary income of $120,000. d. Capital gain of $120,000.

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Chap_15_2023 66. What method is used to allocate S corporation income or losses (unless an election to the contrary is made)? a. Any method agreed to by all of the shareholders. b. Per-day allocation. c. FIFO method. d. LIFO method. 67. Which transaction affects the Other Adjustments Account on an S corporation’s Schedule M-2? a. Payroll penalty. b. Unreasonable compensation. c. Life insurance proceeds (nontaxable to the recipient S corporation). d. Taxable interest. 68. Pepper, Inc., an S corporation, holds a $1 million balance in accumulated E&P. It reports sales revenues of $400,000, taxable interest of $380,000, operating expenses of $250,000, and deductions attributable to the interest income of $140,000. What is Pepper’s passive income penalty tax payable, if any? a. $380,000. b. $116,842. c. $24,537. d. $-0-. 69. Which item is not included in an S corporation’s nonseparately computed income? a. Net sales. b. Cost of goods sold. c. Dividends received. d. Depreciation recapture. 70. The maximum number of actual shareholders in an S corporation is: a. 75. b. 100. c. 200. d. Unlimited

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Chap_15_2023 71. You are given the following facts about a solely owned S corporation. What is the shareholder’s ending stock basis? Increase in AAA Increase in OAA Payroll tax penalty Beginning stock basis Stock purchases Tax-exempt life insurance proceeds Life insurance premiums paid (nondeductible)

$31,000 6,300 2,140 39,800 22,000 4,800 2,700

a. $61,800 b. $68,100 c. $99,100 d. $100,100 72. You are given the following facts about a 40% owner of an S corporation. Calculate her ending stock basis. Owner's beginning stock basis Increase in AAA Increase in OAA Payroll tax penalty Tax-exempt interest income Life insurance premiums paid (nondeductible) Owner's purchases of additional stock

$36,800 32,000 6,300 2,140 4,800 2,700 22,000

a. $71,600 b. $74,120 c. $76,220 d. $78,920 73. Mock Corporation converts to S corporation status in 2023. Mock used the LIFO inventory method in 2022 and had a LIFO inventory of $435,000 (FIFO value of $550,000) on the date of the S election. How much tax must be added to Mock’s 2022 corporate tax liability? a. $-0b. $6,038 c. $24,150 d. $115,000

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Chap_15_2023 74. Which of the following, if any, are eligible shareholders of an S corporation? a. A partnership. b. A nonresident alien. c. A three-person LLC. d. The estate of a deceased shareholder. 75. Fred is the sole shareholder of an S corporation in Fort Deposit, Alabama. At a time when his stock basis is $20,000, the corporation distributes appreciated property worth $100,000 (basis of $20,000). Fred’s taxable gain is: a. $-0-. b. $10,000. c. $80,000. d. $100,000. 76. Samantha owned 1,000 shares in Evita, Inc., an S corporation, that uses the calendar year. On October 11, Samantha sells all of her Evita stock. Her stock basis at the beginning of the tax year was $60,000. Evita's ordinary income for the year was $22,000 through the date of sale, and Samantha receives a distribution of $35,000 on May 3rd. Her stock basis at the time of the sale is: a. $117,000. b. $82,000. c. $60,000. d. $47,000. 77. At the beginning of the year, the AAA of Rose, Inc. shows a balance of $682,000. During the year, the following items occur. Compute the end-of-year AAA balance.

Operating income Interest income Dividend income Municipal bond interest income Short-term capital loss from sale of building Section 179 expense Charitable contributions Cash distributions Depreciation recapture

$452,000 6,550 14,050 12,000 7,400 6,500 19,000 57,000 3,500

a. $1,064,700. b. $1,185,150. c. $1,191,150. d. $1,242,150.

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Chap_15_2023 78. Which entity is eligible to make the S election? a. Non-U.S. corporation. b. One-person limited liability company. c. Insurance company. d. U.S. bank. 79. Which of the following, if any, can be eligible shareholders of an S corporation? a. A Roth IRA. b. A partnership. c. A non-U.S. corporation. d. None of these. 80. During the year, Marcus, the sole shareholder of a calendar year S corporation, received a distribution of $16,000. At the end of last year, his stock basis was $4,000. The corporation earned $11,000 ordinary income during the year. It holds a zero balance in accumulated E & P. Which statement is correct? a. Marcus recognizes a $1,000 LTCG. b. Marcus’s stock basis is $2,000. c. Marcus’s ordinary income is $15,000. d. Marcus’s tax-free return of capital is $11,000. 81. If the beginning balance in OAA is zero and the following transactions occur, what is the ending OAA balance? Depreciation recapture income Payroll tax penalty Tax-exempt interest Nontaxable life insurance proceeds Insurance premiums paid (nondeductible) Charitable contributions a. $1,300. b. $6,700. c. $23,300. d. $27,500.

$21,000 4,200 5,700 3,900 2,900 17,000

82. Which of the following items, if any, has no effect on the stock basis of an S corporation shareholder? a. Operating income. b. Short-term capital gain. c. Advertising expenses. d. The 20% QBI deduction.

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Chap_15_2023 83. You are given the following facts about a 50% owner of an S corporation. Compute her ending stock basis. Increase in AAA Increase in OAA Payroll tax penalty Owner's beginning stock basis Tax-exempt interest income Insurance premiums paid (nondeductible) Owner's additional stock purchases Owner's 20% QBI deduction

$32,000 6,300 2,140 39,800 4,800 2,700 22,000 21,000

a. $80,950. b. $85,750. c. $100,100. d. $106,225. 84. Lent Corporation converts to S corporation status in 2022. Lent had been using the LIFO inventory method and held a LIFO inventory value of $510,000 (FIFO value of $650,000). How much tax , if any, is added for these items for the final C corporation year? a. $-0-. b. $7,350. c. $29,400. d. $140,000. Enter the appropriate word(s) to complete the statement. 85. The exclusion of _________________ on the disposition of small business stock (is/is not) _________________ available for S stock. 86. An S corporation is limited to a theoretical maximum of ____________________ shareholders. 87. Since loss property receives a ____________________ in basis without any loss recognition, S corporation distributions of loss property generally should be ____________________. 88. An S corporation recognizes a ____________________ on any distribution of appreciated property. 89. An S corporation’s separately stated items generally are identical to those reported by _________________________. 90. In the case of a complete termination of an S corporation interest, a ____________________ tax year may occur. 91. An S corporation’s LIFO recapture amount equals the excess of the inventory’s value under ____________________ over the ____________________ value. 92. Nonseparately computed loss ____________________ (increases, reduces) an S shareholder’s stock basis. 93. If any entity electing S status is currently a C corporation, NOL carryovers from prior years generally____________________ (can/cannot) be used in an S corporation year. Copyright Cengage Learning. Powered by Cognero.

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Chap_15_2023 94. The choice of a flow-through entity for a closely held corporation often is between a(n) ____________________ (a Federal tax entity) and a(n) ____________________ (a state tax entity). 95. Stock basis first is increased by income items, then ____________________ by distributions, and finally decreased by ____________________. 96. Depreciation recapture income is a ____________________ (separately, nonseparately) computed amount. 97. Separately stated items are listed on Schedule _________________________ of the Form 1120S. 98. If an S corporation has C corporation E & P and passive investment income in excess of ____________________ % of its gross receipts for ____________________ consecutive taxable years, the S election is terminated at the beginning of the ____________________ year. 99. Some ____________________and

taxation rules apply to an S corporation.

100. Shareholders owning a(n) ____________________ of shares (voting and nonvoting) may ____________________ revoke an S election. 101. As with partnerships, the income, deductions, and tax credits of an S corporation ____________________ to the shareholders annually. 102. Alomar, a cash basis S corporation in Orlando, FL, holds the following assets and liabilities on January 1, 2022, the date the S election is made.

Cash Accounts receivable Equipment Land Accounts payable

Adjusted Basis $ 200,000 –0– 110,000 1,800,000 –0–

Fair Market Value $ 200,000 105,000 100,000 2,500,000 110,000

During the year, Alomar collects the accounts receivable and pays the accounts payable. The land is sold for $3 million, and the taxable income for the year is $590,000. Calculate any built-in gains tax.

103. Pepper, Inc., an S corporation in Norfolk, VA, has revenues of $400,000, taxable interest of $380,000, operating expenses of $250,000, and deductions attributable to the interest income of $140,000. Calculate any passive investment income penalty tax payable by this corporation.

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Chap_15_2023 104. On December 31, Erica Sumners owns one share of an S corporation’s 10 outstanding shares of stock. The basis of Erica’s share is $300. The next year, the S corporation incurs a loss of $3,650. Determine the amount of the loss allocated to Erica, and calculate her stock basis at the end of the second year.

105. Gene Grams is a 45% owner of a calendar year S corporation during the tax year. His beginning stock basis is $230,000, and the S corporation reports the following items. Ordinary income Short-term capital gain § 1231 loss Tax-exempt interest income

$72,000 16,000 6,000 5,000

Calculate Grams’s stock basis at year-end.

106. Ridden, Inc., a calendar year S corporation, incurred the following items. Sales Depreciation recapture income Short-term capital gain Cost of goods sold Municipal bond interest income Administrative expenses Depreciation expense Charitable contributions

$130,000 12,000 30,000 (42,000) 7,000 (15,000) (17,000) (14,000)

Calculate Ridden’s nonseparately computed income.

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Chap_15_2023 107. You are a 60% owner of an S corporation. Calculate your ending stock basis based upon these facts. $52,600 15,000 3,600 5,230 3,770 22,400 5,800

Beginning stock basis Purchases of additional stock Insurance premiums paid (nondeductible) Tax-exempt interest income Payroll tax penalty Increase in AAA Increase in OAA

108. Towne, Inc., a calendar year S corporation, holds AAA of $627,050 at the beginning of the tax year. During the year, the following items occur. Sales income Loss from real estate operations Officers’ life insurance proceeds Premiums paid for officers’ life insurance Dividend income Interest income Charitable contributions § 179 depreciation expense Administrative expenses Cash distributions to shareholders

$216,000 (4,000) 100,000 (3,600) 17,000 3,000 (22,000) (2,500) (35,000) (73,220)

Calculate Towne’s ending AAA balance.

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Chap_15_2023 109. Estella, Inc., a calendar year S corporation, incurred the following items during the tax year. Municipal bond interest Sales Depreciation recapture income Long-term capital gain Cost of goods sold Administrative expenses Depreciation expense Charitable contributions 20% QBI deduction

$ 7,000 120,000 14,000 20,000 (42,000) (15,000) (13,000) (10,000) 4,370

Calculate Estella’s nonseparately computed income.

110. Explain the OAA concept.

111. Advise your client how income, expenses, gain, and losses are allocated to shareholders of an S corporation.

112. Discuss two ways that an S election may be terminated.

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Chap_15_2023 Answer Key 1. True 2. True 3. False 4. False 5. True 6. True 7. True 8. True 9. False 10. True 11. False 12. True 13. False 14. True 15. True 16. False 17. True 18. True 19. True 20. False 21. True 22. True 23. True 24. False 25. False 26. False

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Chap_15_2023 27. False 28. True 29. True 30. False 31. False 32. False 33. False 34. False 35. True 36. False 37. True 38. False 39. True 40. True 41. True 42. False 43. True 44. c 45. b 46. d 47. a 48. a 49. b 50. c 51. b 52. a 53. c 54. d Copyright Cengage Learning. Powered by Cognero.

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Chap_15_2023 55. b 56. c 57. a 58. b 59. c 60. d 61. a 62. d 63. d 64. b 65. b 66. b 67. c 68. c 69. c 70. d 71. c 72. b 73. b 74. d 75. c 76. d 77. a 78. b 79. d 80. a 81. b 82. d Copyright Cengage Learning. Powered by Cognero.

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Chap_15_2023 83. a 84. b 85. gain, is not 86. 100 87. step-down, avoided 88. gain 89. partnerships 90. short 91. FIFO, LIFO 92. reduces 93. cannot 94. S corporation, limited liability company 95. decreased, losses 96. nonseparately 97. K 98. 25, 3, fourth 99. partnership C corporation 100. majority, voluntarily 101. flow through

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Chap_15_2023 102. $123,900. The net unrealized built-in gain on the conversion date is $685,000 ($105,000 – $10,000 + $700,000 – $110,000), the maximum amount subject to the § 1374 tax. The recognized built-in gains and losses are: Accounts receivable collected Accounts payable Gain on the land (limited to built-in gain) Total Limited to net unrealized built-in gain

$105,000 (110,000) 700,000 $695.000 $685,000

Taxable income is $590,000 and the built-in gains tax is assessed on the smaller amount ($590,000 × 21% = $123,900). However, there is a carryforward of the built-in gains amount that escapes taxation due to the taxable income limitation to be taxed in subsequent years when taxable income is sufficient. Therefore, $95,000 is carried into the next tax year and treated as a recognized built-in gain then. 103. The S corporation pays a § 1375 penalty tax of $24,537, calculated as follows. ENPI =

Net Passive Income PII

× (PII – 25% GR)

ENPI =

$380,000 – $140,000 $380,000

× [$380,000 – (25% × $780,000)]

$240,000 $380,000

($380,000 – $195,000)

0.6315789

$185,000

$116,842

0.21 = $24,537

104. The loss assigned to each day of the S corporation’s tax year is $10 ($3,650/365 days). For each day, $1 is allocated to each outstanding share ($10/10 shares). Erica is allocated $365 of loss for her one share owned during the tax year. However, she is limited to a loss deduction of $300, i.e., until her stock basis reaches zero. Her stock basis is zero at the end of the year. She has a $65 loss carryforward available for deduction in subsequent years. 105. Beginning stock basis Ordinary income (45% × $72,000) STCG (45% × $16,000) Tax-exempt interest (45% × $5,000) § 1231 loss (45% × $6,000) Ending basis Copyright Cengage Learning. Powered by Cognero.

$230,000 32,400 7,200 2,250 (2,700) $269,150 Page 23

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Chap_15_2023 106. $130,000 12,000 $142,000

Sales Depreciation recapture income Cost of goods sold Administrative expenses Depreciation expense Nonseparately computed income

$42,000 15,000 17,000

(74,000) $ 68,000

107. $84,520 [$52,600 + $15,000 +0.60($22,400) + 0.60($5,800)]. 108. Beginning AAA Add: Sales income Dividend income Interest income Less: Real estate loss Charitable contributions § 179 expense Administrative expenses

$627,050 $216,000 17,000 3,000

$236,000

$ 4,000 22,000 2,500 35,000

(63,500)

Less distributions Ending AAA

172,500 $799,550 (73,220) $726,330

109. $120,000 14,000 $134,000

Sales Depreciation recapture income Less: Cost of goods sold Administrative expenses Depreciation expense Nonseparately computed income

$42,000 15,000 13,000

(70,000) $ 64,000

110. S corporations report changes in the AAA on Schedule M-2 of Form 1120S. Schedule M-2 contains a column labeled Other Adjustments Account (OAA). This account includes items that affect S stock basis but not the AAA, such as tax-exempt income and any related nondeductible expenses. For example, life insurance proceeds received and insurance premiums paid are traced through the OAA. Distributions are made from the OAA after AEP and the AAA equal zero. Distributions from the OAA generally are tax-free to the receiving shareholder. Copyright Cengage Learning. Powered by Cognero.

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Chap_15_2023 111. In general, S corporation items are divided into (1) nonseparately computed income or losses and (2) separately stated income, losses, deductions, and credits that could uniquely affect the tax liability of any shareholder. Each shareholder is allocated a pro rata portion of nonseparately computed income or loss. Separately stated items (e.g., LTCG, charitable contributions) also are allocated on a pro rata share method. 112. Broadly, there are two ways to terminate the S election—voluntary termination and involuntary termination. If shareholders owning a majority of shares consent, an election can be voluntarily terminated. If the revocation is filed by the fifteenth day of the third month of the tax year, the revocation is effective for the entire tax year (unless a prospective effective date is specified). An S election may be involuntarily terminated if a disqualifying event occurs (i.e., issues a second class of stock, too many shareholders, etc.). The loss of the election applies as of the date on which the disqualifying event occurs.

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Chap_16_2023 Indicate whether the statement is true or false. 1. A U.S. taxpayer may take a current FTC equal to the greater of the FTC limit or the actual foreign taxes (direct or indirect) paid or accrued. a. True b. False 2. If a state follows Federal income tax rules, the state’s tax compliance and enforcement become easier to accomplish. a. True b. False 3. A “U.S. shareholder” for purposes of CFC classification is any U.S. person who owns directly, indirectly, and/or constructively at least 50% of the voting power of a foreign corporation. a. True b. False 4. Typical indicators of income tax nexus include the presence of customers in the state. a. True b. False 5. Double weighting the sales factor effectively decreases the corporate income tax burden on taxpayers based in a state such as entities with in-state headquarters. a. True b. False 6. Jaime received gross foreign-source dividend income of $250,000. Foreign taxes withheld on the dividend were $25,000. Jaime’s total U.S. tax liability is $840,000 (the 21% tax rate applies). Jaime’s current-year FTC is $52,500. a. True b. False 7. Property taxes generally are collected by local taxing jurisdictions, not the state or Federal governments. a. True b. False 8. ForCo, a non-U.S. corporation based in Aldonza, purchases widgets from USCo, Inc., its U.S. parent corporation. The widgets are sold by ForCo to an unrelated foreign corporation in the country of Aldonza. The income from the sale of the widgets by ForCo is Subpart F foreign base company sales income. a. True b. False 9. Nico lives in California. She was born in Peru but holds a green card. Nico is a nonresident alien (NRA). a. True b. False

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Chap_16_2023 10. By making a water’s edge election, a multinational taxpayer can limit the reach of unitary principles to the apportionment factors and income of its U.S. and E.U. affiliates. a. True b. False 11. The property factor includes land and buildings used for business purposes. a. True b. False 12. Unused foreign tax credits are carried back two years and then forward 20 years. a. True b. False 13. A unitary group of entities files a combined return that includes all of the affiliates’ income and apportionment data. a. True b. False 14. The sourcing rules of Federal income taxation apply to deductions as well as to income items. a. True b. False 15. Under P.L. 86-272, the taxpayer is exempt from state taxes on income resulting from the mere solicitation of orders for the sale of stocks and bonds. a. True b. False 16. All of the U.S. states have adopted a tax based on the net taxable income of corporations. a. True b. False 17. Most states begin the computation of corporate taxable income with an amount from the Federal income tax return. a. True b. False 18. ForCo, a subsidiary of a U.S. corporation incorporated in Belgium, manufactures widgets in Belgium and sells the widgets to its 100%-owned subsidiary in Germany. The income from the sale of widgets is not Subpart F foreign base company sales income. a. True b. False 19. A unitary business applies a combined apportionment formula, including data from operations of all affiliates. a. True b. False

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Chap_16_2023 20. State and local politicians tend to apply new and increased taxes to taxpayers who are nonresident visitors to the jurisdiction, such as a tax on auto rentals and hotel stays, because the taxpayer cannot vote to reelect (or oust) the lawmaker. a. True b. False 21. Usually a business chooses a location where it will build a new plant based chiefly on tax considerations. a. True b. False 22. Subpart F income includes portfolio income such as dividends and interest. a. True b. False 23. The U.S. system for taxing income earned inside its borders by non-U.S. persons is referred to as inbound taxation because such foreign persons are earning income by coming into the United States. a. True b. False 24. Politicians frequently use tax credits and exemptions to create economic development incentives. a. True b. False 25. A state can levy an income tax on a business only if the business was incorporated in the state. a. True b. False 26. Kipp, a U.S. shareholder under the CFC provisions, owns 40% of a CFC. If the CFC’s Subpart F income for the taxable year is $200,000, Kipp is taxed on receipt of a constructive dividend of $80,000. a. True b. False 27. A typical state taxable income subtraction modification is the interest income earned from another state’s bonds. a. True b. False 28. Waltz, Inc., a U.S. taxpayer, pays foreign taxes of $50,000 on foreign-source general basket income of $90,000. Waltz’s worldwide taxable income is $450,000, on which it owes U.S. taxes of $94,500 before FTC. Waltz’s FTC is $50,000. a. True b. False 29. Twenty unrelated U.S. persons equally own all of the stock of Quigley, a foreign corporation. Quigley is a CFC. a. True b. False

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Chap_16_2023 30. The United States has in force income tax treaties with about 70 countries. a. True b. False 31. In most states, a taxpayer’s income is apportioned on the basis of a formula measuring the extent of business contact and allocated according to the location of property owned or used. a. True b. False 32. Hendricks Corporation, a U.S. corporation, owns 40 percent of Shane Corporation and 55 percent of Ferrell Corporation, both foreign corporations. Ferrell owns the other 60 percent of Shane Corporation. Both Shane and Ferrell are CFCs. a. True b. False 33. All of the U.S. states use an apportionment formula based on the sales, property, and payroll factors. a. True b. False 34. In allocating interest expense between U.S. and foreign sources, a taxpayer can elect to use either the tax book value of the income-producing assets or their fair market values. a. True b. False 35. A service engineer spends 80% of her time maintaining the employer’s productive business property and 20% maintaining the employer’s nonbusiness rental properties. This year, her compensation totaled $90,000. The payroll factor assigns $90,000 to the state in which the employer is based. a. True b. False 36. The property factor includes business assets that the taxpayer owns and those used under a lease agreement. a. True b. False 37. Roughly 5% of all taxes paid by businesses in the United States are to state, local, and municipal jurisdictions. a. True b. False 38. An assembly worker earns a $50,000 salary and receives a fringe benefit package worth $15,000. The payroll factor assigns $65,000 for this employee. a. True b. False 39. A typical state taxable income addition modification is for the state's NOL allowed the taxpayer for the tax year. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_16_2023 Indicate the answer choice that best completes the statement or answers the question. 40. Boot Corporation is subject to income tax in States A and B. Boot’s operations generated $200,000 of apportionable income, and its sales and payroll activity and average property owned in each of the states is as follows.

Sales Payroll Property

State A $200,000 100,000 200,000

State B $600,000 50,000 50,000

Totals $800,000 150,000 250,000

How much more (less) of Boot’s income is subject to State A income tax if, instead of using an equally weighted three-factor apportionment formula, State A uses a formula with a double-weighted sales factor? a. ($50,000) b. $50,000 c. $16,100 d. ($16,100) 41. When the taxpayer operates in one or more unitary states, all of these statements are true except: a. Apportionment factors are computed on a groupwide basis. b. The tax incentive of creating nexus in a high-tax state is enhanced. c. The tax benefit of a passive investment subsidiary holding company is neutralized. d. The use of a water’s edge election should be considered. 42. Hinojosa Corporation sells widgets in two states. State A levies a 9% effective tax rate, and State B levies a 3% rate. A and B have adopted sales-factor-only apportionment formulas. To reduce overall multistate income tax liabilities, Hinojosa should: a. Move its home office from B to A. b. Remove all stored inventory from A. c. Establish a personal training center in A. d. Convert to employee status the independent contractors that it uses to sell widgets in A. 43. Dark, Inc., a U.S. corporation, operates Dunkel, an unincorporated branch manufacturing operation in Germany. Dark reports $100,000 of taxable income from Dunkel on its U.S. tax return along with $400,000 of taxable income from its U.S. operations. Dark paid $30,000 in German income taxes related to the $100,000 of Dunkel income. Assuming a U.S. tax rate of 21%, what is Dark’s U.S. tax liability after any allowable foreign tax credits? a. $21,000 b. $75,000 c. $84,000 d. $105,000

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Chap_16_2023 44. Under a territorial income tax system, a country assesses an income tax on: a. Income of all entities earned within its borders. b. Income of its citizens earned in other countries. c. Both a. and b. d. Neither a. nor b. 45. Multistate income tax planning can be effective for the taxpayer because: a. Different states use different definitions of taxable income. b. State income tax rates generally are steeply progressive. c. Both a. and b. d. N either a. nor b. 46. Without the foreign tax credit, double taxation would result when: a. The United States taxes the U.S.-source income of a U.S. resident. b. A foreign country taxes the foreign-source income of a nonresident alien. c. The United States and a foreign country both tax the foreign-source income of a U.S. resident. d. Terms of a tax treaty assign income taxing rights to the United States. 47. Hopper Corporation’s property holdings in State E are as follows. Compute the numerator of Hopper’s E property factor. Item Manufacturing equipment Land held for potential appreciation Manufacturing equipment that is not currently needed and sits idle Manufacturing equipment that is not currently needed and is leased to another taxpayer

Property Factor Valuation ($M) $100 25 15 20

a. $100 million. b. $135 million. c. $140 million. d. $160 million. 48. OutCo, a controlled foreign corporation in the country of Meena, earns $600,000 in net interest and dividend income from investments in the bonds and stock of unrelated companies. All of the dividend payors are located in the country of Meena. OutCo’s Subpart F income for the year is: a. $0. b. $0 only if OutCo is engaged in a trade or business in in the country of Meena. c. $600,000. d. $600,000 only if OutCo is engaged in a trade or business in the country of Meena.

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Chap_16_2023 49. ForCo, a foreign corporation not engaged in a U.S. trade or business, recognizes a $3 million gain from the sale of land located in the United States. The amount realized on the sale was $50 million. Absent any exceptions, what is the required withholding amount on the part of the purchaser of this land? a. $0 b. $300,000 c. $3 million d. $5 million 50. Generally, a taxpayer’s business income is: a. A pportioned. b. A llocated. c. B oth a. and b. d. N either a. nor b. 51. Ting, a regional sales manager, works from her office in State W. Her region includes several states as indicated in the following sales report. Determine how much of Ting’s $300,000 compensation is assigned to the payroll factor of State W. State U V W

Sales Generated $ 1,000,000 5,000,000 4,000,000 $10,000,000

Ting’s Time Spent There 15% 55% 30% 100%

a. $0. b. $90,000. c. $120,000. d. $300,000. 52. Purchase of inventory from a U.S. parent followed by which of the following income items does not represent Subpart F income if it is earned by a controlled foreign corporation in the country of Fredonia? a. Sale to anyone outside the country of Fredonia. b. Sale to anyone inside the country of Fredonia. c. Sale to a related party outside the country of Fredonia. d. Sale to a nonrelated party outside the country of Fredonia. 53. The following income of a foreign corporation is not subject to the regular U.S. corporate income tax rates. a. FIRPTA gains. b. Capital gains effectively connected with a U.S. trade or business. c. Net long-term capital gains for which no U.S. trade or business exists. d. Interest income effectively connected with a U.S. trade or business.

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Chap_16_2023 54. Cruz Corporation owns manufacturing facilities in States A, B, and C. State A uses a three-factor apportionment formula under which the sales, property, and payroll factors are equally weighted. State B uses a three-factor apportionment formula under which sales are double-weighted. State C employs a single-factor apportionment factor based solely on sales. Cruz’s operations generated $1,000,000 of apportionable income, and its sales and payroll activity and average property owned in each of the three states is as follows.

Sales Payroll Property

State A $400,000 100,000 200,000

State B $800,000 150,000 200,000

State C $300,000 50,000 200,000

Totals $1,500,000 300,000 600,000

Cruz’s apportionable income assigned to State C is: a. $1,000,000 b. $273,333 c. $200,000 d. $0 55. Application of the unitary principle generally works to the taxpayer’s benefit when: a. The other affiliates generate net operating losses. b. The other affiliates operate in low-tax states. c. Both a. and b. d. Neither a. nor b. 56. Kunst, a U.S. corporation, generates $100,000 of foreign-source income in the general income basket and $40,000 of foreign-source income in the passive income basket. Kunst’s worldwide taxable income is $1,200,000, and its U.S. tax liability before FTC is $240,000. Foreign taxes attributable to the general income basket are $60,000 and to the passive income basket are $4,000. What is Kunst’s foreign tax credit for the tax year? a. $64,000 b. $24,000 c. $20,000 d. $4,000 57. Which of the following is a specific separate income “basket” for purposes of the foreign tax credit limitation calculation? a. Certain intangible income. b. Portfolio income. c. Business income. d. All of these are separate FTC limitation baskets.

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Chap_16_2023 58. Wellington, Inc., a U.S. corporation, owns 30% of a CFC that has $50 million of earnings and profits for the current year. Included in that amount is $20 million of Subpart F income. Wellington has been a CFC for the entire year and makes no distributions in the current year. Wellington must include in gross income: a. $0. b. $6 million. c. $20 million. d. $50 million. 59. Peanut, Inc., a U.S. corporation, receives $500,000 of foreign-source interest income on which foreign taxes of $5,000 are withheld. Peanut’s worldwide taxable income is $900,000, and its U.S. Federal income tax liability before FTC is $189,000. What is Peanut’s foreign tax credit? a. $500,000 b. $189,000 c. $105,000 d. $5,000 60. Flint Corporation is subject to a corporate income tax only in State X. The starting point in computing X taxable income is Federal taxable income which is $750,000. This amount includes a $50,000 deduction for state income taxes. During the year, Flint received $10,000 interest on Federal obligations. X tax law does not allow a deduction for state income tax payments. Flint’s taxable income for X purposes is: a. $810,000 b. $800,000 c. $790,000 d. $750,000 61. A taxpayer wishing to reduce the negative tax effects of the application of the unitary theory might: a. Affiliate with a service division that shows an operating loss, such as one in research and development. b. Acquire a unitary affiliate in a country with a high wage structure. c. Add a profitable entity to the unitary group. d. Both a. and b. 62. In working with the foreign tax credit, a U.S. corporation may be able to alleviate the problem of excess foreign taxes by: a. Deducting the excess foreign taxes that do not qualify for the credit. b. Repatriating more foreign income to the United States in the year there is an excess limitation. c. Generating “same basket” foreign-source income that is subject to a tax rate higher than the U.S. tax rate. d. Generating “same basket” foreign-source income that is subject to a tax rate lower than the U.S. tax rate.

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Chap_16_2023 63. Which of the following is not a foreign person? a. A foreign corporation 51% owned by U.S. shareholders. b. A foreign corporation 100% owned by a U.S. corporation. c. A citizen of Germany with U.S. permanent resident status (i.e., green card). d. A citizen of Italy who spends 14 days vacationing in the United States. 64. Simpkin Corporation owns manufacturing facilities in States A, B, and C. State A uses a three-factor apportionment formula under which the sales, property, and payroll factors are equally weighted. State B uses a three-factor apportionment formula under which sales are double-weighted. State C employs a single-factor apportionment factor, based solely on sales. Simpkin’s operations generated $1,000,000 of apportionable income, and its sales and payroll activity and average property owned in each of the three states is as follows.

Sales Payroll Property

State A $400,000 100,000 200,000

State B $800,000 150,000 200,000

State C $300,000 50,000 200,000

Totals $1,500,000 300,000 600,000

Simpkin’s apportionable income assigned to State B is: a. $1,000,000 b. $533,333 c. $475,000 d. $0 65. The most commonly used state income tax apportionment formula is: a. Sales factor only. b. Sales factor double-weighted. c. Sales factor equally weighted with property and payroll. d. Payroll factor only. 66. Parent Corporation owns all of the stock of Junior Corporation, a Delaware passive investment company. Parent operates strictly in nonunitary State B, which levies a 9% income tax. This year, Junior earned $200,000 of portfolio interest income and paid a $150,000 dividend to Parent. In which state(s) will the interest income create an income tax liability? a. Only in State B. b. Only in Delaware. c. In neither state. d. In both State B and Delaware according to the apportionment formulas of each.

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Chap_16_2023 67. The model law relating to the assignment of income among the states for corporations is: a. Public Law 86-272. b. The Multistate Tax Treaty. c. The Multistate Tax Commission (MTC). d. The Uniform Division of Income for Tax Purposes Act (UDITPA). 68. General Corporation is taxable in a number of states. This year, General made a $100,000 sale from its State A headquarters to the State B office of the Federal Bureau of Investigation. In which state(s) will the sale be included in the sales factor numerator? a. $0 in A and $0 in B. b. $50,000 in A with the balance exempted from other states’ sales factors under the Altria doctrine. c. $100,000 in A. d. $100,000 in B. 69. Identifying an income item as U.S source creates U.S. taxable income for a: a. Non-U.S. taxpayer. b. U.S. taxpayer. c. Both a. and b. d. Neither a. nor b. 70. Under P.L. 86-272, which of the following transactions by itself would create nexus with a state? a. Order solicitation for a plot of real estate approved and filled from another state. b. Order solicitation for a computer approved and filled from another state. c. Order solicitation for a machine with credit approval from another state. d. Providing an automobile to a salesperson. 71. Which of the following statements regarding the taxation of U.S. real property gains recognized by non-U.S. persons not engaged in a U.S. trade or business is false? Gains from the disposition of U.S. real property are: a. Not taxed to non-U.S. persons because real property gains are specifically exempt from U.S. taxation. b. Taxed to non-U.S. persons without regard to whether such non-U.S. persons are engaged in a U.S. trade or business. c. Taxed in the United States because such gains are treated as if they are effectively connected to a U.S. trade or business. d. Taxed to non-U.S. persons notwithstanding the general exemption of capital gains from U.S. taxation.

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Chap_16_2023 72. José Corporation realized $900,000 taxable income from the sales of its products in States X and Z. José’s activities in both states establish nexus for income tax purposes. José’s sales, payroll, and property among the states include the following.

Sales Property Payroll

State X $1,500,000 500,000 2,000,000

State Z $1,000,000 –0– –0–

Totals $2,500,000 500,000 2,000,000

X utilizes an equally weighted three-factor apportionment formula. How much of José’s taxable income is apportioned to X? a. $120,000 b. $450,000 c. $780,000 d. $900,000 73. Typically, state taxable income includes: a. Apportionable income only. b. Nonapportionable income only. c. Both a. and b. d. Neither a. nor b. These are not the terms typically used in the computation. 74. Zhang, an NRA who is not a resident of a treaty country, receives taxable dividends of $50,000 from U.S. corporations. Zhang does not conduct a U.S. trade or business. Zhang’s dividends are subject to withholding by the payor of: a. 35%. b. 30%. c. 15%. d. 0%. 75. Parent and Junior form a unitary group of corporations. Parent is located in a state with an effective tax rate of 3% and Junior’s effective tax rate is 9%. Acting in concert to reduce overall tax liabilities, the group should: a. Execute an intercompany loan such that Junior pays deductible interest to Parent. b. Have Parent charge Junior an annual management fee. c. Shift Parent’s high-cost assembly and distribution operations to Junior. d. Do none of these. 76. U.S. income tax treaties typically: a. Provide for taxation exclusively by the source country. b. Provide for taxation exclusively by the country of residence. c. Provide rules by which multinational taxpayers avoid double taxation. d. Provide that the country with the highest tax rate will be allowed exclusive tax collection rights. Copyright Cengage Learning. Powered by Cognero.

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Chap_16_2023 77. Which of the following statements regarding income sourcing is correct? a. Everything else being equal, a larger foreign-source income decreases the foreign tax credit limitation for U.S. persons. b. Everything else being equal, a larger foreign-source income increases the foreign tax credit limitation for U.S. persons. c. Everything else being equal, a larger U.S.-source income increases the foreign tax credit limitation for U.S. persons. d. Everything else being equal, changing foreign-source income does not change the foreign tax credit limitation for U.S. persons. 78. Which of the following statements regarding the U.S. taxation of non-U.S. persons is true? a. A non-U.S. person’s effectively connected U.S. business income is taxed by the United States only if it is portfolio income. b. A non-U.S. person’s effectively connected U.S. business income is subject to U.S. income taxation. c. A non-U.S. person may earn income from selling U.S. real property without incurring any U.S. income tax. d. A non-U.S. person must spend at least 183 days in the United States before any effectively connected income is subject to U.S. taxation. 79. Which of the following statements regarding income sourcing is not correct? a. Concerning the foreign tax credit, most U.S. persons benefit from earning low-tax foreign-source income. b. Foreign persons generally benefit from avoiding U.S.-source income classification. c. U.S. persons are not concerned with source of income because all their income is subject to U.S. tax under a worldwide system. d. Foreign persons may be subject to tax on U.S.-source income without regard to their actual presence in the United States. 80. Which of the following is not immune from state income taxation even if P.L. 86-272 is in effect? a. Sale of office equipment that is used in the taxpayer’s business. b. Sale of office equipment that constitutes inventory to the purchaser. c. Sale of a warehouse used in the taxpayer’s business. d. All of these are protected by P.L. 86-272 immunity provisions. 81. For most taxpayers, which of the traditional apportionment factors yields the greatest opportunities for tax reduction? a. Payroll. b. Property. c. Sales (gross receipts). d. Unitary.

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Chap_16_2023 82. Helene Corporation owns manufacturing facilities in States A, B, and C. State A uses a three-factor apportionment formula under which the sales, property, and payroll factors are equally weighted. State B uses a three-factor apportionment formula under which sales are double-weighted. State C employs a single-factor apportionment factor based solely on sales. Helene’s operations generated $1,000,000 of apportionable income, and its sales and payroll activity and average property owned in each of the three states is as follows.

Sales Payroll Property

State A $400,000 100,000 200,000

State B $800,000 150,000 200,000

State C $300,000 50,000 200,000

Totals $1,500,000 300,000 600,000

Helene’s apportionable income assigned to State A is: a. $0 b. $266,667 c. $311,100 d. $1,000,000 83. Marquardt Corporation realized $900,000 taxable income from the sales of its products in States X and Z. Marquardt’s activities establish nexus for income tax purposes in both states. Marquardt’s sales, payroll, and property among the states include the following. State X State Z Totals Sales $1,000,000 $3,000,000 $4,000,000 Property 2,000,000 –0– 2,000,000 Payroll 1,000,000 –0– 1,000,000 Z utilizes an equally weighted three-factor apportionment formula. Marquardt is incorporated in X. How much of Marquardt’s taxable income is apportioned to Z? a. $0 b. $225,000 c. $675,000 d. $3,000,000 84. Which of the following is not a U.S. person? a. U.S. corporation. b. Citizen of Turkey with U.S. permanent residence status (i.e., green card). c. U.S. corporation 100% owned by a foreign corporation. d. Foreign corporation 100% owned by a U.S. corporation.

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Chap_16_2023 85. To determine whether an out-of-state entity has income tax nexus, some states use: a. A factor-presence test. b. An economic presence test. c. Both a. and b are used by certain states. d. Neither a. nor b is used by the states. 86. The benefits of a passive investment company employed in a nonunitary state typically include: a. Reduced state income taxes. b. Isolation of the entity’s portfolio income from taxation in other nonunitary states. c. Exclusion of the subsidiary’s portfolio income from the parent corporation’s apportionment formula denominator in other nonunitary states. d. All of these are benefits. 87. Federal taxable income is used as the starting point in computing the state’s income tax base, but various state adjustments or modifications generally are required to: a. Reflect differences between state and Federal tax statutes. b. Remove income that a state is constitutionally prohibited from taxing. c. Allow for all states to use the same definition of taxable income. d. Choices a. and b. 88. Which of the following statements regarding a non-U.S. person’s U.S. tax consequences is true? a. Non-U.S. persons may be subject to withholding tax on U.S.-source investment income even if not engaged in a U.S. trade or business. b. Non-U.S. persons are subject to U.S. income or withholding tax only if they are engaged in a U.S. trade or business. c. Non-U.S. persons are not taxed on gains from U.S. real property as long as such property is not used in a U.S. trade or business. d. Once a non-U.S. person is engaged in a U.S. trade or business, the non-U.S. person’s worldwide income is subject to U.S. taxation. 89. Public Law 86-272: a. Was written by the Multistate Tax Commission. b. Provides nexus definitions for sales of stocks and bonds. c. Provides nexus definitions for the sale of medical and legal services. d. Was adopted by Congress. 90. Which of the following is a principle used in applying the income-sourcing rules under U.S. tax law? a. The rules should be acceptable to both countries. b. The rules should favor the U.S. Treasury. c. The rules should favor the treasury of the non-U.S. country. d. The rules should apply to income items only; deductions need not be sourced in this way.

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Chap_16_2023 91. General Corporation is taxable in a number of states. This year, General made a $100,000 sale from its State A headquarters to a customer in State B. General has not established nexus with State B. State A does not apply a throwback rule. In which state(s) will the sale be included in the sales factor numerator? a. In all of the states, according to the apportionment formulas of each, as the U.S. government is present in all states. b. $100,000 in State A. c. $100,000 in State B. d. $0 in State A and $0 in State B. 92. U.S. income tax treaties can be described as: a. Napoleonic. b. Spoke-and-Wheel. c. Balanced. d. Bilateral. 93. Ramirez Corporation, which is subject to income tax only in State A, generated the following income and deductions. Federal taxable income State A income tax expense Depreciation allowed for Federal tax purposes Depreciation allowed for state tax purposes

$500,000 45,000 300,000 250,000

Federal taxable income is the starting point in computing A taxable income. State income taxes are not deductible for A tax purposes. Ramirez’s A taxable income is: a. $495,000 b. $500,000 c. $545,000 d. $595,000 94. Which of the following statements is false in regard to the U.S. income tax treaty program? a. There are about 70 bilateral income tax treaties between the United States and other countries. b. Tax treaties generally provide for primary taxing rights that require the other treaty partner to allow a credit for the taxes paid on the twice-taxed income. c. U.S. income tax treaties are written to set up a “network” of up to five foreign countries that are covered by the treaty language. d. None of these statements is false.

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Chap_16_2023 95. USCo, a U.S. corporation, receives $700,000 of foreign-source passive income on which foreign taxes of $70,000 are withheld. Its worldwide taxable income is $1,500,000, and its U.S. tax liability before the foreign tax credit is $315,000. What is USCo’s allowed foreign tax credit? a. $70,000 b. $147,000 c. $315,000 d. $385,000 96. General Corporation is taxable in a number of states. This year, General made a $100,000 sale from its State A headquarters to a customer in State B. This activity is not sufficient for General to create nexus with State B. State B applies a throwback rule, but State A does not. In which state(s) will the sale be included in the sales factor numerator? a. $0 in State A and $0 in State B. b. $100,000 in State A. c. $100,000 in State B. d. In both States A and B, according to the apportionment formulas of each. 97. In determining a corporation’s taxable income for state income tax purposes, which of the following does not constitute a subtraction modification from Federal income? a. Interest on U.S. obligations. b. Expenses that are directly or indirectly related to state and municipal interest that is taxable for state purposes. c. The amount by which the state depreciation deduction exceeds the corresponding Federal amount. d. The amount by which the Federal depreciation deduction exceeds the corresponding state amount. 98. In applying the typical apportionment formula: a. The aggregate of state taxable incomes equals Federal taxable income. b. The aggregate of state taxable incomes might not equal Federal taxable income. c. When Federal taxable income is positive, all states’ taxable incomes are positive. d. When Federal taxable income is negative, aggregate state taxable incomes total to zero. 99. Britta Corporation’s entire operations are located in State A. Of Britta’s sales, 80% ($800,000) are made in State A and the remaining sales ($200,000) are made in State B, which has not adopted a corporate income tax. If State A has adopted a throwback rule, the numerator of Britta’s State A sales factor is: a. $0. b. $200,000. c. $800,000. d. $1,000,000.

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Chap_16_2023 100. Which of the following statements regarding foreign persons not engaged in a U.S. trade or business is true? a. They are subject to potential withholding taxes on the gross amount of U.S.-source investment income. b. If they have any U.S.-source income, they are taxed on net investment income (after expenses). c. They are not subject to U.S. tax if not engaged in a U.S. trade or business. d. If they have only U.S.-source investment income, they are exempt from U.S. tax. 101. In the broadest application of the unitary theory, the U.S. unitary business files a combined tax return using factors and income amounts for all affiliates: a. Organized in the United States. b. Organized in the U.S., Canada, and Mexico. c. Organized anywhere in the world. d. As dictated by the tax treaties between the United States and other countries. 102. José Corporation realized $900,000 taxable income from the sales of its products in States X and Z. José’s activities in both states establish nexus for income tax purposes. José’s sales, payroll, and property among the states include the following.

Sales Property Payroll

State X $1,500,000 500,000 2,000,000

State Z $1,000,000 –0– –0–

Totals $2,500,000 500,000 2,000,000

Z utilizes a double-weighted sales factor in its three-factor apportionment formula. How much of José’s taxable income is apportioned to Z? a. $1,000,000 b. $900,000 c. $180,000 d. $0 103. U.S. income tax treaties: a. Involve three to seven countries as treaty partners. b. Are renewable upon expiration every five years. c. Are rare with countries in Africa. d. Are rare with countries in Europe. 104. Olaf, a citizen of Norway with no trade or business activities in the United States, sells at a gain 200 shares of MicroShift, Inc., a U.S. company. The sale takes place through Olaf’s broker in Oslo. How is this gain treated for U.S. tax purposes? a. It is foreign-source income subject to U.S. taxation. b. It is foreign-source income not subject to U.S. taxation. c. It is U.S.-source income subject to U.S. taxation. d. It is U.S.-source income exempt from U.S. taxation.

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Chap_16_2023 105. General Corporation is taxable in a number of states. This year, General made a $100,000 sale from its State A headquarters to a customer in State B. This activity is not sufficient for General to create nexus with State B. State A applies a throwback rule but State B does not. In which state(s) will the sale be included in the sales factor numerator? a. $0 in both State A and State B. b. $100,000 in State A. c. $100,000 in State B. d. In both State A and State B, according to the apportionment formulas of each. 106. Chipper Corporation realized $1,000,000 taxable income from the sales of its products in States X and Z. Chipper’s activities establish nexus for income tax purposes only in Z, the state of its incorporation. Chipper’s sales, payroll, and property among the states include the following.

Sales Property Payroll

State X $1,000,000 200,000 100,000

State Z $2,000,000 2,300,000 1,900,000

Totals $3,000,000 2,500,000 2,000,000

X utilizes a sales-only factor in its three-factor apportionment formula. How much of Chipper’s taxable income is apportioned to X? a. $0 b. $333,333 c. $500,000 d. $1,000,000 107. A controlled foreign corporation (CFC) realizes Subpart F income from: a. Purchase of inventory from an unrelated U.S. person and sale outside the CFC country. b. Purchase of inventory from a related U.S. person and sale outside the CFC country. c. Services performed for the U.S. parent in a country in which the CFC was organized. d. Services performed on behalf of an unrelated party in a country outside the country in which the CFC was organized. 108. In conducting multistate tax planning, the taxpayer should: a. Review tax opportunities in light of their effect on the overall business. b. Exploit inconsistencies among the taxing statutes and formulas of the states. c. Consider the tax effects of the plan after accounting for any new compliance and administrative costs that it generates. d. All of these are true.

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Chap_16_2023 109. In the context of Federal and state corporate income taxation: a. Many states collect their taxes using a piggyback on the Federal return. b. Most states require taxpayers to report to the state taxing agency the changes made to a return in a Federal audit. c. Both a. and b. d. Neither a. nor b. 110. Parent and Minor form a non-unitary group of corporations. Parent is located in a state with an effective tax rate of 3% and Minor’s effective tax rate is 9%. Acting in concert to reduce overall tax liabilities, the group should: a. Have Parent charge Minor an annual management fee. b. Shift Parent’s high-cost assembly and distribution operations to Minor. c. Execute an intercompany loan such that Minor pays deductible interest to Parent. d. Do all of these. 111. In which of the following independent situations would Slane, a foreign corporation, be classified as a controlled foreign corporation? The Slane stock is directly owned 12% by Jen, 10% by Kathy, 12% by Ling, 10% by David, 8% by Ben, and 48% by Mia. a. Jen, Kathy, Ling, David, Ben, and Mia are all U.S. citizens. b. Jen, Kathy, Ling, David, and Ben are all U.S. citizens. David is married to Kathy. Mia is a foreign resident and citizen. c. Jen, Kathy, Ling, David, and Ben are all U.S. citizens. Ben is Mia’s son. Mia is a foreign resident and citizen. d. Jen, Kathy, Ling, David, and Ben are all U.S. citizens. Mia is a foreign resident and citizen. 112. Under P.L. 86-272, which of the following transactions by itself would create nexus with a state? a. Having a sales employee inspect customer’s inventory for specific product lines. b. Using a manufacturer’s representative for the taxpayer through a sales office in the state. c. Executing a sales campaign using an advertising agency acting as an independent contractor for the taxpayer. d. Maintaining inventory in the state by an independent contractor under a consignment plan.

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Chap_16_2023 113. Adams Corporation owns and operates two manufacturing facilities, one in State X and the other in State Y. Due to a temporary decline in the corporation’s sales, Adams has rented 20% of its Y facility to an unaffiliated corporation. Adams generated $1,000,000 net rental income and $5,000,000 income from manufacturing. Adams is incorporated in Y. For X and Y purposes, rental income is classified as allocable nonbusiness income. By applying the statutes of each state, Adams determined that its apportionment factors are 0.65 for X and 0.35 for Y. Adams’s income attributed to X is: a. $0. b. $3,250,000. c. $3,900,000. d. $5,000,000. 114. Which of the following statements best describes the primary purpose of the Subpart F income provisions? a. They allow for a deferral of non-U.S.-source income from U.S. taxation. b. They provide certainty as to the U.S. income tax treatment of cross-border transactions. c. They prevent shifting of income from the United States to high-tax non-U.S. jurisdictions. d. They prevent shifting of income from the United States to low-tax non-U.S. jurisdictions. 115. Section 482 is used by the U.S. Treasury to: a. Force taxpayers to use arms length transfer pricing on transactions between related parties. b. Reallocate income, deductions, etc., to a related taxpayer to minimize tax liability. c. Increase information that is reported about U.S. corporations with non-U.S. owners. d. All of these. 116. In determining state taxable income, all of the following are adjustments to Federal income except: a. Federal net operating loss. b. State income tax expense. c. Fringe benefits paid to officers and executives. d. Dividends received from other U.S. corporations. 117. Zhao Company sold an asset on the first day of the tax year for $500,000. Zhao’s Federal tax basis for the asset was $300,000. Because of differences in cost recovery schedules, the state regular-tax basis in the asset was $350,000. What modification, if any, should be made to Zhao’s Federal taxable income in determining the correct taxable income for the typical state? a. $0 b. ($50,000) c. $50,000 d. $150,000 Enter the appropriate word(s) to complete the statement. 118. In determining taxable income for state income tax purposes, interest income from Federal bonds typically constitutes a(n) ____________________ modification. Copyright Cengage Learning. Powered by Cognero.

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Chap_16_2023 119. Although apportionment formulas vary among jurisdictions, most states use the same three factors in the formula. The factors are ____________________, ____________________, and ____________________. 120. In determining taxable income for state income tax purposes, interest income from another state’s bonds typically constitutes a(n) ____________________ modification. 121. When a _________________________ rule is in effect, out-of-state sales that are not subject to tax in the destination state are pulled back into the sales factor numerator of the origination state. 122. Under common terminology, a unitary group files a ____________________ (combined/consolidated) state income tax return. 123. Apportionment is a means by which a corporation’s _________________________ taxable income is divided among the states in which it conducts business. 124. P.L. 86-272 ____________________ (does/does not) create income-tax nexus when the sales representative approves a sale at the customer’s location. 125. In ____________________ states, a(n) ____________________ election permits a multinational corporation to elect to limit the reach of the state’s taxing jurisdiction to activities occurring within the boundaries of the United States. 126. When included in the property factor, leased property usually is valued at ____________________ times its annual rental even though the taxpayer does not own the asset. 127. In computing the property factor, property owned by the corporation typically is valued at its ____________________, but without adjusting for depreciation. 128. ____________________ describe(s) the degree of business activity that must be present before a taxing jurisdiction has the right to impose a tax on an out-of-state entity’s income. 129. Under the UDITPA’s ____________________ concept, sales are assumed to take place at the point of delivery as opposed to the location at which the shipment originates. 130. Overall tax liabilities typically ____________________ (increase/decrease) if the members of a unitary group begin to include affiliates that generate net operating losses. 131. Allocation is a method under which a corporation’s _________________________ taxable income is directly assigned to the specific states where the income is derived. 132. State Q has adopted sales-factor-only apportionment for its corporate income tax. As a result, a ____________________ (larger/smaller) percentage of an out-of-state corporation’s income is assigned to tax in the state. 133. Under Public Law 86-272, a state is prohibited from income taxing the income of a business if the only connection with the state is the _____________________ of orders for sales of tangible personal property that are sent outside the state for approval or rejection. 134. A(n) ____________________ business operates in concert with its affiliated companies. As a result, the affiliates’ data are included in the parent’s apportionment computations. 135. P.L. 86-272 ____________________ (does/does not) create income tax nexus when the seller's website allows an out-of-state customer to place an order and obtain online assistance. Copyright Cengage Learning. Powered by Cognero.

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Chap_16_2023 136. In the apportionment formula, most states assign more than a one-third weight to the ____________________ factor. 137. The starting point in computing state taxable income generally is ____________________. Match each of the following terms with the appropriate description in the state income tax formula. Apply the UDITPA rules in your responses. a. Addition modification b. Subtraction modification c. No modification 138. Treasury bond interest income. 139. Dividend income from P&G stock held. 140. State income tax expense. 141. Federal depreciation deduction in excess of state amount. 142. State-level NOL. 143. Federal general business credit. 144. Deduction for advertising expenditures. Match each of the following items with the appropriate description in applying the P.L. 86-272 definition of solicitation. a. More than solicitation, creates nexus b. Solicitation only, no nexus created 145. Owning a tablet computer that is used on sales trips to the state. 146. Making a decision as to the creditworthiness of customers. 147. Training administrative personnel to use an update to ordering software. 148. Carrying a free sample of a product to the customer’s premises. 149. Purchasing ads that appear on search-result screens of internet browsers. 150. Operating a warehouse for inventory that is held in the state. 151. Checking the customer’s inventory to determine whether a reorder is needed.

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Chap_16_2023 152. Milt Corporation owns and operates two facilities that manufacture paper products. One of the facilities is located in State D, and the other is located in State E. Milt generated $1,200,000 of taxable income, composed of $1,000,000 of income from its manufacturing facilities and a $200,000 gain from the sale of nonbusiness property located in State E. State E does not distinguish between business and nonbusiness property. State D apportions business income. Milt’s activities within the two states as follows.

Sales of paper products Property Payroll

State D $4,500,000 3,500,000 1,500,000

State E $1,500,000 2,500,000 1,000,000

Total $6,000,000 6,000,000 2,500,000

Both States D and E utilize a three-factor apportionment formula, under which sales, property, and payroll are equally weighted. Determine the amount of Milt’s income that is subject to income tax by each state.

153. Dott Corporation generated $300,000 of state taxable income from selling its mapping software in States A and B. For the taxable year, the corporation’s activities within the two states were as follows.

Sales Property Payroll

State A $500,000 250,000 200,000

State B $1,500,000 –0– 300,000

Total $2,000,000 250,000 500,000

Dott has determined that it is subject to tax in both A and B. Both states utilize a three-factor apportionment formula that equally weights sales, property, and payroll. The rates of corporate income tax imposed in States A and B are 7% and 10%, respectively. Determine Dott’s total state income tax liability.

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Chap_16_2023 154. Given the following information, determine whether FanCo, a foreign corporation, is a CFC. Shareholders of Foreign Corporation Murray Nancy Otto Patricia Patricia is Murray’s daughter.

Voting Power 24% 20% 40% 16%

Classification U.S. person U.S. person Foreign person U.S. person

155. Goolsbee, Inc., a U.S. corporation, generates U.S.-source and foreign-source gross income. Goolsbee’s assets (tax basis) are as follows. Generating U.S.-source income Generating foreign-source income Total

$15,000,000 25,000,000 $40,000,000

Goolsbee incurs interest expense of $200,000. Apportion interest expense to foreign-source income.

156. Provide the required information for Orange Corporation whose Federal taxable income totals $100 million. Orange apportions 70% of its business income to State C. Orange generates $10 million of nonbusiness income each year. Of that income, 40% is attributable to rentals of buildings located in C. Orange’s business income this year totals $90 million. a. b. c.

State C taxes how much of Orange’s business income? State C taxes how much of Orange’s nonbusiness income? Explain your results.

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Chap_16_2023 157. Hill Corporation is subject to tax only in State X. Hill generated the following income and deductions. State income taxes are not deductible for X income tax purposes. Sales Cost of sales State X income tax expense Depreciation allowed for Federal tax purposes Depreciation allowed for state tax purposes Interest income on Federal obligations Interest income on X obligations Expenses related to carrying X obligations

$5,000,000 2,000,000 160,000 1,000,000 800,000 50,000 200,000 10,000

The starting point in computing the State X income tax base is Federal taxable income. Derive this amount.

Determine Hill’s State X taxable income, assuming that interest on X obligations is exempt from State X income tax.

Determine Hill’s taxable income, assuming that interest on X obligations is subject to State X income tax.

158. Condor Corporation generated $450,000 of state taxable income from selling its product in States A and B. For the taxable year, the corporation’s activities within the two states were as follows.

Sales Property Payroll

State A $800,000 300,000 200,000

State B Total $200,000 $1,000,000 –0– 300,000 800,000 1,000,000

Condor has determined that it is subject to tax in both States A and B. Both states utilize a three-factor apportionment formula that equally weights sales, property, and payroll. The rates of corporate income tax imposed in States A and B are 5% and 3%, respectively. Determine Condor’s state income tax liability.

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Chap_16_2023 159. Compute Still Corporation’s State Q taxable income and tax liability for the year. Addition modifications Allocated income – total Allocated income – State Q Allocated income – State P Apportionment percentage – State Q Federal taxable income State tax credits Subtraction modifications Tax rate

$70,000 $80,000 $60,000 $20,000 40% $500,000 $11,000 $30,000 5%

160. Pail Corporation is a merchandiser. It purchases overstock garments from various suppliers and sells the goods in its State L retail store. Determine the total sales that are subject to the State L sales tax. Sales to State L residents Sales to homeless shelter operated by a local church Sales to residents who cross the border from nearby State M Sales to a similar merchandiser located in another State L town

$600,000 80,000 100,000 20,000

161. Britta, Inc., a U.S. corporation, reports foreign-source income and pays foreign taxes as follows.

Passive category General limitation category

Income $200,000 800,000

Taxes $ 10,000 350,000

Britta’s worldwide taxable income is $1,600,000 and U.S. taxes before FTC are $336,000 (21% tax rate). What is Britta’s U.S. tax liability after the FTC?

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Chap_16_2023 162. Discuss how a multistate business divides its corporate taxable income among the states in which it operates. Hint: use the terms allocation and apportionment in your comments.

163. In international taxation, we discuss income sourcing rules and the permanent establishment doctrine. In multistate taxation, an analogous term might be the ultimate destination concept. Define this term, and identify at least two of the most important exceptions to the general rule.

164. What is the significance of the term nexus when discussing state income taxation?

165. Discuss the primary purposes of income tax treaties.

166. State Q wants to increase its income tax collections, but politically it would be unwise to raise taxes on in-state individuals or businesses. State Q currently follows all UDITPA rules and employs an equally weighted threefactor apportionment formula. State Q allocates nonbusiness income amounts. Identify some changes to the income tax apportionment formula that would shift the scheduled income tax increases to out-of-state businesses.

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Chap_16_2023 167. Compost Corporation has finished its computation of Federal taxable income. In State Q, the derivation of state corporate taxable income starts with the Federal amount and makes a number of modifications. List at least five such modifications that Compost is likely to encounter. In this regard, follow the general UDITPA rules, and list both addition and subtraction modifications.

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Chap_16_2023 Answer Key 1. False 2. True 3. False 4. False 5. True 6. False 7. True 8. False 9. False 10. False 11. True 12. False 13. True 14. True 15. False 16. False 17. True 18. True 19. True 20. True 21. False 22. True 23. True 24. True 25. False 26. True

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Chap_16_2023 27. False 28. False 29. False 30. True 31. True 32. True 33. False 34. False 35. False 36. True 37. False 38. True 39. False 40. d 41. b 42. b 43. c 44. a 45. a 46. c 47. a 48. c 49. d 50. a 51. d 52. b 53. c 54. c Copyright Cengage Learning. Powered by Cognero.

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Chap_16_2023 55. c 56. b 57. d 58. b 59. d 60. c 61. a 62. d 63. c 64. c 65. a 66. c 67. d 68. c 69. a 70. a 71. a 72. c 73. c 74. b 75. d 76. c 77. b 78. b 79. c 80. c 81. c 82. c Copyright Cengage Learning. Powered by Cognero.

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Chap_16_2023 83. b 84. d 85. c 86. d 87. d 88. a 89. d 90. a 91. d 92. d 93. d 94. c 95. a 96. a 97. d 98. b 99. d 100. a 101. c 102. c 103. c 104. b 105. b 106. a 107. b 108. d 109. b 110. d Copyright Cengage Learning. Powered by Cognero.

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Chap_16_2023 111. a 112. d 113. b 114. d 115. a 116. c 117. b 118. subtraction 119. sales, property, payroll property, payroll, sales payroll, sales, property 120. addition 121. throwback 122. combined 123. business 124. does 125. unitary, water’s edge 126. eight 8 127.

original cost historical cost 128. Nexus 129. ultimate destination 130. decrease 131. nonapportionable nonbusiness 132. larger 133. solicitation 134. unitary 135. does Copyright Cengage Learning. Powered by Cognero.

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Chap_16_2023 136. sales 137. Federal taxable income 138. b 139. b 140. a 141. a 142. b 143. c 144. c 145. b 146. a 147. a 148. b 149. b 150. a 151. b

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Chap_16_2023 152. State D Taxable Income Income subject to apportionment (business income only)

$1,000,000

Apportionment Formula $4,500,000/$6,000,000 = Sales $3,500,000/$6,000,000 = Property $1,500,000/$2,500,000 = Payroll Total

75.00% 58.33% 60.00% 193.33%

State D apportionment factor (193.33%/3) Taxable income apportioned to D Plus: Income allocated to D* State D taxable income

× 64.44% $ 644,400 –0– $ 644,400

*Since the property for which the $200,000 gain was derived was located in State E, such income is not allocated to State D. State E Taxable Income Income subject to apportionment (business and nonbusiness income) Apportionment formula $1,700,000*/$6,200,000* = Sales $2,500,000/$6,000,000 = Property $1,000,000/$2,500,000 = Payroll Total State E apportionment factor (109.09%/3) State E taxable income

$1,200,000

27.42% 41.67% 40.00% 109.09% × 36.36% $ 436,320

*Includes $200,000 gain on sale of nonbusiness property.

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Chap_16_2023 153. State A Income Tax Liability Taxable income Apportionment Formula Sales Property Payroll Total

$300,000 $500,000/$2,000,000 = $250,000/$250,000 = $200,000/$500,000 =

25.00% 100.00% 40.00% 165.00%

State A apportionment factor (165.00%/3) Taxable income apportioned to A A tax rate A tax liability

× 55.00% $165,000 × 7.00% $ 11,550

State B Income Tax Liability Taxable income

$300,000

Apportionment Formula Sales Property Payroll Total

$1,500,000/$2,000,000 = $0/$250,000 = $300,000/$500,000 =

State B apportionment factor (135.00%/3) Taxable income apportioned to B B tax rate B tax liability Total State Tax Liability A tax liability B tax liability Total tax liability

75.00% –0–% 60.00% 135.00% ×45.00% $ 135,000 ×10.00% $ 13,500 $11,550 13,500 $25,050

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Chap_16_2023 154. Shareholder Murray Nancy Patricia

Voting Power Held Directly 24% 20% 16% 60%

Voting Power Held Constructively 16% (via Patricia) 24% (via Murray)

Total Voting Power 40% 20% 40%

Murray, Nancy, and Patricia are U.S. shareholders for purposes of CFC determination because all own 10% or more (directly or indirectly) of the corporation’s voting power. Murray owns 40% (24% directly and 16% constructively through Patricia). Nancy owns 20% directly. Patricia also owns 40% (16% directly and 24% constructively through Murray). The corporation is a CFC because U.S. shareholders own 60% of the voting power. Constructive voting power is not counted twice in making this determination. It is counted only in determining whether the U.S. persons are U.S. shareholders. Voting power held indirectly (i.e., through a foreign corporation) is counted in determining whether a foreign corporation is a CFC. If Patricia were not related to Murray or Nancy, Patricia would still be a U.S. shareholder (she holds 10% or more of the voting power directly), and the corporation would still be a CFC.

155.

156. a.

$63,000,000 (70% × $90 million).

$4,000,000 (40% × $10 million).

Business income is apportioned to the state using the apportionment formula. Nonbusiness income is allocated to the state using a dollar-for-dollar assignment.

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Chap_16_2023 157. a. Sales Cost of sales Cost recovery (Federal) Interest income (Federal only) X income tax expense Federal taxable income

$ 5,000,000 –2,000,000 –1,000,000 +50,000 – 160,000 $ 1,890,000

b. Federal taxable income X income tax expense Depreciation modification ($800,000 – $1,000,000) Interest income on Federal obligations X taxable income

$1,890,000 +160,000 +200,000 – 50,000 $2,200,000

c. Federal taxable income X income tax expense Depreciation modification ($800,000 – $1,000,000) Interest income on Federal obligations Interest income on X obligations Expenses related to X obligations X taxable income

$1,890,000 +160,000 +200,000 –50,000 +200,000 – 10,000 $2,390,000

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Chap_16_2023 158. State A Income Tax Liability $450,000

Taxable income Apportionment Formula $800,000/$1,000,000 = Sales $300,000/$300,000 = Property $200,000/$1,000,000 = Payroll Total

80.00% 100.00% 20.00% 200.00% × 66.67% $300,000 × 5.00% $ 15,000

State A apportionment factor (200.00%/3) Taxable income apportioned to A A tax rate A tax liability State B Income Tax Liability

$450,000

Taxable income Apportionment Formula $200,000/$1,000,000 = Sales $0/$300,000 = Property $800,000/$1,000,000 = Payroll Total State B apportionment factor (100.00%/3) Taxable income apportioned to B B tax rate B tax liability Total State Tax Liability A tax liability B tax liability Total tax liability

20.00% –0–% 80.00% 100.00% × 33.33% $150,000 × 3.0% $ 4,500

$15,000 4,500 $19,500

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Chap_16_2023 159. State Q taxable income is computed as follows. Federal taxable income Addition modifications Subtraction modifications State tax base Allocated income – total Apportionable income Apportionment percentage Apportioned income Allocated income – instate State taxable income Tax rate Gross income tax Credits Tax liability

$500,000 + 70,000 – 30,000 $540,000 – 80,000 $460,000 × 40% $184,000 + 60,000 $244,000 × 5% $ 12,200 – 11,000 $ 1,200

160. Pail must collect State L sales tax on $700,000. No tax is collected from sales to charities or to other entities who will then resell the goods. The sales to State M residents instead create a State M use tax because the goods presumably are worn by the customers in State M. State M residents should file a return to pay the State M sales tax and then claim a credit for the payment actually made to State L. 161. The FTC is computed separately for each income basket. Total FTC = $178,000 ($10,000 + $168,000). Net U.S. tax liability = $158,000 ($336,000 – $178,000). FTC—Passive Basket FTC is the lesser of foreign taxes paid ($10,000) or the limitation: $336,000 × $200,000/$1,600,000 = $42,000. FTC = $10,000 FTC—General Basket FTC is the lesser of foreign taxes paid ($350,000) or the limitation: $336,000 × $800,000/$1,600,000 = $168,000. FTC = $168,000 162. Generally, business income is apportioned by a formula to the state(s) in which the income is derived, and nonbusiness income is allocated to the state(s) of its situs. These income assignments are made into states with which the taxpayer has established nexus. An apportionment formula generally is an average of the relative sales, property, and payroll activities of the taxpayer in a particular state. Allocation usually is made with respect to the rental income, interest, dividends, and capital gains of the taxpayer.

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Chap_16_2023 163. Under the ultimate destination concept, a sale of a tangible asset is sourced only to the sales factor of the state of the point of delivery, not the location where the shipment is initiated. Exceptions to the ultimate destination concept include the following. ∙

Different rules apply for sales of intangible assets and real estate.

∙

When a dock sale shipment is used, the sale is assigned to the purchaser’s state regardless of the shipping patterns.

∙

If a state has adopted the throwback rule, the sale is sourced to the seller’s state where the ultimate destination concept would not subject the sale to income taxation. ∙

Sales to the U.S. government are sourced to the seller's state.

164. A U.S. state cannot levy an income tax on an out-of-state entity unless that entity has conducted a significant degree of business activity within the state’s borders. Each state defines differently the degree of nexus (connection) that is required before the right to tax the business arises. Typically, sufficient nexus is present when a corporation sells goods or services within the state, owns or leases in-state property, employs personnel in the state, or holds physical or financial capital there. Lacking sufficient nexus, the state cannot place an income tax on the business. Note that a state may define nexus differently for sales/use tax purposes. 165. The primary purpose of an income tax treaty is to eliminate or reduce the double taxation of persons resident in one country earning income from sources within the treaty-partner country. Tax treaties can override the Code and generally provide lower tax burdens as compared with statutory tax provisions of a country. 166. ∙

Overweighting the sales factor.

∙

Sales-factor only apportionment.

∙

Adoption of a unitary approach to out-of-state affiliates.

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Chap_16_2023 167. State income tax modifications include the following commonly encountered items. Every state’s rules are unique, so thorough research is needed to complete a final list for Compost’s location. Addition modifications ∙ Municipal bond interest, especially for out-of-state issuances. ∙

Cost recovery deductions when the Federal deduction exceeds the state’s.

∙

State income tax expense.

∙

Federal and out-of-state net operating losses.

Subtraction modifications ∙ U.S. Treasury interest income. ∙

Cost recovery deductions when the Federal deduction is less than the state’s.

∙

State income tax refunds.

∙

Federal income tax expense.

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Chap_17_2023 Indicate whether the statement is true or false. 1. Because passive losses are not deductible in computing either taxable income or AMTI, no AMT adjustment for passive losses is required. a. True b. False 2. For 2022, if the AMT base is greater than $206,100, the AMT rate for an individual taxpayer is the same as the AMT rate for married taxpayers filing jointly. a. True b. False 3. Nell records a personal casualty loss deduction of $14,500 for regular tax purposes. The loss was the result of a Federally declared disaster. The actual loss was $26,600, but it was reduced by $100 and by $12,000 (10% × $120,000 AGI) for regular tax purposes. For AMT purposes, the casualty loss deduction also is $14,500. a. True b. False 4. Gabriella’s tentative minimum tax (TMT) is $112,000. Her regular income tax liability is $99,000. Gabriella’s AMT is $13,000. a. True b. False 5. Paul incurred circulation expenditures of $180,000 in 2022 and deducted that amount for regular tax purposes. Paul has a $60,000 negative AMT adjustment for each of 2023, 2024, and for 2025. a. True b. False 6. The incremental research activities credit is 20% of the qualified research expenses that exceed the base amount. a. True b. False 7. Prior to consideration of tax credits, Clarence’s regular income tax liability is $200,000 and his tentative minimum tax (TMT) is $180,000. Clarence holds personal nonrefundable tax credits of $35,000. His tax liability for the year is $165,000. a. True b. False 8. Interest on a home equity loan that is not used to acquire or improve the taxpayer's principal residence cannot be deducted for AMT purposes. a. True b. False 9. The tax benefit received from a tax credit is unaffected by the tax rate of the taxpayer. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_17_2023 10. An employer’s tax deduction for wages is affected by the work opportunity tax credit. a. True b. False 11. The cost of a building constructed and placed into service by an eligible small business in the current year includes the cost of a wheelchair ramp, which qualifies for the disabled access credit. a. True b. False 12. The standard deduction is allowed for regular tax purposes but is disallowed for AMT purposes. This results in a positive AMT adjustment. a. True b. False 13. Negative AMT adjustments for the current year caused by timing differences are offset by the positive AMT adjustments in prior or future tax years also caused by timing differences. a. True b. False 14. Business tax credits reduce the AMT and the regular tax in the same way. a. True b. False 15. BlueCo incurs $900,000 during the year to construct a facility that will be used exclusively for the care of its employees’ pre-school age children during normal working hours. The credit for employer-provided child care available to BlueCo this year is $225,000. a. True b. False 16. A taxpayer who expenses circulation expenditures in the year incurred for regular tax purposes will incur a positive AMT adjustment in the following year. a. True b. False 17. In computing the foreign tax credit, the greater of the foreign income taxes paid or the overall limitation is allowed. a. True b. False 18. Joel placed real property in service in 2022 that cost $900,000 and used MACRS depreciation for regular tax purposes. He is required to make a positive adjustment for AMT purposes in 2022 for the excess of depreciation calculated for regular tax purposes over the depreciation calculated for AMT purposes. a. True b. False

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Chap_17_2023 19. Sania claimed percentage depletion of $119,000 for the current year for regular tax purposes. Cost depletion would have been $60,000. Her basis in the property was $90,000 at the beginning of the current year. Sania must treat the percentage depletion deducted in excess of cost depletion, or $59,000, as a preference in computing AMTI. a. True b. False 20. Unused foreign tax credits are carried back two years and then forward 20 years. a. True b. False 21. The work opportunity tax credit is available only for wages paid to qualifying individuals during their first year of employment. a. True b. False 22. Kerri, who reports AGI of $120,000, itemized her deductions in the current year. She paid mortgage interest of $17,000 on her primary residence and $2,400 of interest on a home equity loan. The proceeds of the home equity loan were used to purchase a new minivan for her family. Kerri incurs a positive AMT adjustment of $19,400 in computing AMT. a. True b. False 23. The deduction for medical expenses for regular tax purposes may be different than for AMT purposes. a. True b. False 24. Samina sold undeveloped land that originally cost $150,000 for $225,000. A positive AMT adjustment of $75,000 is required as a result of the sale. a. True b. False 25. Assuming no phaseout, the AMT exemption amount for a married taxpayer filing separately for 2022 is exactly half of the AMT exemption amount for an individual taxpayer. a. True b. False 26. In the current tax year, Ben exercised an incentive stock option (ISO), acquiring stock with a fair market value of $190,000 for $170,000. As a result, his AMT basis for the stock is $170,000, his regular tax basis for the stock is $170,000, and his AMT adjustment is $0 ($170,000 – $170,000). a. True b. False 27. The low-income housing credit is available to low-income tenants who reside in qualifying low-income housing. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_17_2023 28. Any unused general business credit must be carried back three years and then forward 20 years. a. True b. False 29. Interest income on private activity bonds issued in 2020, (reduced by expenses incurred in carrying the bonds) is a preference item that is included in computing AMTI. a. True b. False 30. The purpose of the tax credit for rehabilitation expenditures is to encourage the relocation of businesses from older, economically distressed areas to newer locations. a. True b. False 31. The required adjustment for AMT purposes for pollution control facilities placed in service in the current year is equal to the difference between the amortization deduction allowed for regular tax purposes and the depreciation deduction computed under ADS. a. True b. False 32. A LIFO method is applied to general business credit carryovers, carrybacks, and utilization of credits earned during a particular year. a. True b. False 33. The tax benefits resulting from tax credits and tax deductions are affected by the tax rate of the taxpayer. a. True b. False 34. The net capital gain included in an individual taxpayer’s AMT base is eligible for the preferential tax rate on net capital gains. This favorable alternative rate applies in calculating both the regular tax and the AMT. a. True b. False 35. The disabled access credit was enacted to encourage small businesses to make their businesses more accessible to disabled individuals. a. True b. False 36. Income from some long-term contracts can be reported using the completed contract method for regular tax purposes, but the percentage of completion method is required for AMT purposes for all long-term contracts. a. True b. False

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Chap_17_2023 37. Some (or all) of the tax credit for rehabilitation expenditures is recaptured if the rehabilitated property is disposed of prematurely or if it ceases to be qualifying property. a. True b. False 38. In deciding whether to enact the alternative minimum tax, Congress was concerned about the inequity that resulted when taxpayers with substantial economic incomes could avoid paying regular income tax. a. True b. False 39. The AMT credit is created for any AMT that results from timing differences, but it is not created by any AMT that results from the adjustment for itemized deductions or exclusion preferences. a. True b. False 40. Qualified rehabilitation expenditures include the cost of acquiring a building, but not the cost of acquiring the land. a. True b. False 41. A U.S. taxpayer may take a current FTC equal to the greater of the FTC limit or the actual foreign taxes (direct or indirect) paid or accrued. a. True b. False 42. For regular tax purposes, Benita expensed mining exploration and development costs of $500,000 incurred in the current tax year. She will be required to make negative AMT adjustments for each of the next 10 years. a. True b. False 43. All taxpayers are eligible to take the basic research credit. a. True b. False 44. Qualified research and experimentation expenditures are not only eligible for the 20% tax credit but also can be expensed in the year incurred. a. True b. False 45. The AMT adjustment for mining exploration and development costs can be avoided if the taxpayer elects to deduct the expenditures in the year incurred for regular tax purposes rather than writing off the expenditures over a 10-year period for regular tax purposes. a. True b. False

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Chap_17_2023 46. The phaseout of the AMT exemption amount for a taxpayer filing as a head of household both begins and ends at a higher income level than the phaseout for a single taxpayer. a. True b. False 47. If a taxpayer elects to capitalize and amortize intangible drilling costs over a three-year period for regular tax purposes, there is no adjustment or preference for AMT purposes. a. True b. False 48. After personal property is fully depreciated for both regular tax purposes and AMT purposes, no AMT adjustment will be required as a result of the sale of the property. a. True b. False 49. The recognized gain for regular tax purposes and the recognized gain for AMT purposes on the sale of stock acquired with an incentive stock option (ISO) are always the same because the adjusted basis is the same. a. True b. False 50. The AMTI calculated using the indirect method will produce a different AMTI amount than that calculated using the direct method. a. True b. False 51. Jackson sells qualifying small business stock for $125,000 (adjusted basis of $105,000) in 2022 (the stock was acquired in 2014). In calculating gross income for regular tax purposes, he excludes all of his realized gain of $20,000. The $20,000 exclusion is a preference in calculating Jackson’s AMTI. a. True b. False 52. AMT adjustments can be positive or negative whereas AMT preferences always are positive. a. True b. False 53. The purpose of the work opportunity tax credit is to encourage employers to hire individuals from specified target groups traditionally subject to high rates of unemployment. a. True b. False 54. A small employer incurs $31,500 for consulting fees related to establishing a qualified retirement plan for its 75 employees. As a result, the employer may claim the credit for small employer pension plan startup costs for $750. a. True b. False

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Chap_17_2023 55. Employers are encouraged by the work opportunity tax credit to hire individuals who have been long-term recipients of family assistance welfare benefits. a. True b. False 56. Waltz, Inc., a U.S. taxpayer, pays foreign taxes of $50,000 on foreign-source general basket income of $90,000. Waltz’s worldwide taxable income is $450,000, on which it owes U.S. taxes of $94,500 before FTC. Waltz’s FTC is $50,000. a. True b. False 57. Since most tax preferences are timing differences, they eventually reverse and net to zero. a. True b. False 58. Unless circulation expenditures are amortized over a three-year period for regular tax purposes, there will be an AMT adjustment. a. True b. False 59. Evan is a contractor who constructs both commercial and residential buildings. Even though some of the contracts could qualify for the use of the completed contract method, Evan decides to use the percentage of the completion method for all of his contracts. This increases his AMT adjustment associated with long-term contracts for the current year. a. True b. False 60. The deduction for charitable contributions in calculating the regular tax can differ from that in calculating the AMT because the percentage limitations on such contributions may be applied to a different AMT base amount. a. True b. False 61. The AMT adjustment for research and experimental expenditures can be avoided if the taxpayer capitalizes the expenditures and amortizes them over a 10-year period for regular tax purposes. a. True b. False 62. The disabled access credit is computed at the rate of 50% of all access expenditures incurred by the taxpayer during the year. a. True b. False 63. The sale of business property could result in an AMT adjustment. a. True b. False

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Chap_17_2023 64. All foreign taxes qualify for the foreign tax credit. a. True b. False 65. Keosha acquires used 10-year personal property to use in her business in 2022 and uses MACRS depreciation for regular tax purposes, even though the asset is eligible for immediate expensing. As a result, Keosha will incur a positive AMT adjustment in 2022, because AMT depreciation is slower than regular tax depreciation. a. True b. False 66. Cardinal Company incurs $800,000 during the year to construct a facility that will be used exclusively for the care of its employees’ preschool age children during normal working hours. Assuming that Cardinal claims the credit for employer-provided child care this year, its basis in the newly constructed facility is $640,000. a. True b. False 67. Elmer exercises an incentive stock option (ISO) in March for $6,000 (fair market value of the stock on the exercise date is $7,600). If Elmer sells the stock in November of the same tax year for $8,000, he reports a $1,600 AMT adjustment for the year. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 68. Vicki owns and operates a news agency (as a sole proprietorship). During 2022, she incurred expenses of $24,000 to increase circulation of newspapers and magazines that her agency distributes. For regular tax purposes, she elected to expense the $24,000 in 2022. In addition, Vicki incurred $15,000 in circulation expenditures in 2023 and again elected expense treatment. What AMT adjustments will be required in 2022 and 2023 as a result of the circulation expenditures? a. $16,000 positive in 2022, $2,000 positive in 2023. b. $16,000 negative in 2022, $2,000 positive in 2023. c. $16,000 negative in 2022, $10,000 positive in 2023. d. $16,000 positive in 2022, $10,000 positive in 2023.

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Chap_17_2023 69. Raj, who is single and itemizes deductions, provides you with the following information from her financial records for 2022. Compute Raj's AMTI for 2022. Regular income tax liability AMT positive adjustments AMT preferences Taxable income

$103,253 33,000 75,000 370,000

a. $0 b. $368,600 c. $404,400 d. $478,000 e. $490,000 70. Vinny’s AGI is $250,000. He contributed $200,000 in cash to the Boy Scouts, a public charity in 2022. What is Vinny’s charitable contribution deduction for AMT purposes? a. $0 b. $50,000 c. $125,000 d. $150,000 71. Which of the following would not cause an individual taxpayer’s AMTI to increase in the current year? a. Investing in private-activity municipal bonds. b. Paying real estate taxes due in January of the next year in the current year. c. Amortizing circulation expenditures over three years for regular tax purposes. d. Exercising incentive stock options. 72. Celia and Christian, who are married filing jointly, have one dependent and do not itemize deductions. They report taxable income of $492,000 and tax preferences of $53,000 in 2022. What is their AMT base for 2022? a. $0. b. $492,000. c. $452,800. d. $570,900. 73. Factors that will not cause the adjusted basis for AMT purposes to be different from the adjusted basis for regular tax purposes include: a. A different amount of depreciation deducted for AMT purposes and regular tax purposes. b. The spread on the exercise of an incentive stock option (ISO) that is recognized for AMT purposes, but is not recognized for regular tax purposes. c. A different amount deducted for circulation expenditures for AMT purposes and for regular tax purposes. d. Taking the standard deduction rather than itemizing deductions. Copyright Cengage Learning. Powered by Cognero.

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Chap_17_2023 74. Which of the following can produce an AMT adjustment rather than an AMT preference? a. Interest on private activity bonds. b. Percentage depletion. c. Incentive stock options (ISOs). d. Intangible drilling costs. 75. Which of the following best describes the treatment applicable to unused business credits? a. Are carried forward indefinitely. b. Are first carried back one year and then forward for 20 years. c. Are first carried back one year and then forward for 10 years. d. Are first carried back three years and then carried forward for 15 years. 76. Prior to the effect of tax credits, Eunice’s regular income tax liability is $325,000 and her tentative minimum tax is $312,000. Eunice has general business credits available of $20,000. Calculate Eunice’s tax liability after tax credits. a. $0 b. $305,000 c. $312,000 d. $325,000 77. Which of the following, if any, correctly describes the research activities credit? a. The research activities credit is the greater of the incremental research credit, the basic research credit, or the energy research credit. b. If the research activities credit is claimed, no deduction is allowed for research and experimentation expenditures. c. The credit is not available for research conducted outside the United States. d. All corporations qualify for the basic research credit. 78. Akeem, who does not itemize, incurred a regular tax net operating loss (NOL) of $50,000 in 2021. His deductions in 2021 included AMT tax preference items of $20,000, and he had no AMT adjustments. What is Akeem’s alternative tax NOL deduction (ATNOLD) carryover to 2022? a. $50,000 b. $30,000 c. $20,000 d. $40,000

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Chap_17_2023 79. During the year, Green, Inc., incurs the following research expenditures. In-house wages, supplies, computer time Paid to Blue Foundation for research

$60,000 30,000

Green’s qualifying research expenditures for the year are: a. $60,000. b. $75,000. c. $79,500. d. $90,000. 80. In 2022, Glenn recorded a $108,000 loss on a passive activity. None of the loss is attributable to AMT adjustments or preferences. She has no other passive activities. Which of the following statements is correct? a. In 2022, Glenn can deduct $108,000 for regular tax purposes and for AMT purposes. b. Glenn reports a $108,000 tax preference in 2022 as a result of the passive activity. c. For regular tax and AMT purposes, none of the passive activity loss is allowed in 2022. d. In 2022, Glenn reports a positive adjustment of $25,000 as a result of the passive activity loss. 81. In working with the foreign tax credit, a U.S. corporation may be able to alleviate the problem of excess foreign taxes by: a. Deducting the excess foreign taxes that do not qualify for the credit. b. Repatriating more foreign income to the United States in the year there is an excess limitation. c. Generating “same basket” foreign-source income that is subject to a tax rate higher than the U.S. tax rate. d. Generating “same basket” foreign-source income that is subject to a tax rate lower than the U.S. tax rate. 82. In the current year, Brenda has regular tax liability of $32,500 and her tentative minimum tax (TMT) is $36,300. Additionally, Brenda has an alternative minimum tax credit carryover of $6,200 from 2017.

What is Brenda’s total Federal income tax liability? a. $26,300. b. $30,100. c. $32,500. d. $36,300. 83. In 2022, Black Company paid wages of $180,000 of which $40,000 was qualified for the work opportunity tax credit under the general rules. Black Company’s deduction for wages for the year is: a. $140,000. b. $164,000. c. $166,000. d. $180,000. Copyright Cengage Learning. Powered by Cognero.

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Chap_17_2023 84. Which of the following statements is correct? a. If the tentative minimum tax is $100,000 and the regular income tax liability is $120,000, AMT is $20,000. b. If the tentative minimum tax is $120,000 and the regular income tax liability is $100,000, AMT is $120,000. c. If the tentative minimum tax is $100,000 and the regular income tax liability is $120,000, AMT is a negative $20,000. d. If the tentative minimum tax is $120,000 and the regular income tax liability is $100,000, AMT is $20,000. 85. Taxpayers A, B, and C are each single, report wage income of $435,000, and take the standard deduction. The following additional information is provided about each taxpayer. A: Resides in New York and has $145,000 interest income from Treasury bonds. B: Resides in Nevada and has $145,000 capital gain from the sale of stock. C: Resides in Florida and has $145,000 interest income from private activity municipal bonds. All else being equal and taking into consideration the principles underlying the AMT, which of these taxpayers has the highest likelihood of being subject to the AMT in the current tax year?

a. Taxpayer A. b. Taxpayer B. c. Taxpayer C. d. All three taxpayers are equally likely to be in AMT. 86. On February 1 of the current year, Omar acquires used 7-year personal property for $100,000. The property will be used in his business. Omar does not elect § 179 expensing, but he does take the maximum regular tax depreciation deduction. As a result, Omar incurs a positive AMT adjustment in the current year of what amount? a. $0 b. $3,580 c. $10,710 d. $14,290 87. For regular tax purposes, Yolanda, who is single, is in the 32% tax bracket. For 2022, her AMT base is $420,000. Her tentative minimum tax (TMT)is: a. $53,586. b. $109,200. c. $113,478. d. $117,600.

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Chap_17_2023 88. Roger is considering making a $6,000 investment in a venture that its promoter promises will generate immediate tax benefits for him. Roger, who does not anticipate itemizing his deductions, is subject to a 30% marginal income tax bracket. If the investment is of a type that produces a tax credit of 40% of the amount of the expenditure, by how much will Roger’s tax liability decline because of the investment? a. $0 b. $1,800 c. $2,200 d. $2,400 89. In March 2022, Gray Corporation hired two individuals, both of whom were certified as long-term recipients of family assistance benefits. Each employee was paid $11,000 during 2022. Gray’s work opportunity tax credit amounts for 2022 is: a. $2,400. b. $4,800. c. $6,000. d. $12,000. 90. Amber is in the process this year of renovating the office building (placed in service in 1976) used by her business. Because of current Federal Regulations that require the structure to be accessible to disabled individuals, she incurs an additional $11,000 for various features, such as ramps and widened doorways, to make her office building more accessible. The $11,000 incurred will produce a disabled access credit of what amount? a. $0 b. $5,000 c. $5,125 d. $5,500 91. Molly has generated general business credits over the years that have not been utilized. The amounts generated and not utilized equal: 2018 2019 2020 2021

$2,500 7,500 5,000 4,000

In the current year, 2022, her business generates an additional $15,000 general business credit. In 2022, based on her tax liability before credits, she can utilize a general business credit of up to $20,000. After utilizing the carryforwards and the current year credits, how much of the general business credit generated in 2022 is available for future years? a. $0. b. $1,000. c. $14,000. d. $15,000.

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Chap_17_2023 92. Which of the following itemized deductions are not allowed for AMT purposes? a. Real property taxes. b. Casualty losses. c. Charitable contributions. d. Medical expenses (in excess of the AGI floor). 93. Dale owns and operates Dale’s Emporium as a sole proprietorship. On January 30, 2008, Dale’s Emporium acquired a warehouse for $100,000. In 2022, for regular tax purposes, the MACRS depreciation deduction was calculated using a 2.564% rate. Determine the AMT adjustment for depreciation and indicate whether it is positive or negative. a. A $64 negative adjustment. b. A $64 positive adjustment. c. No adjustment is required because Dale’s Emporium used the Alternative Depreciation System (ADS) to compute depreciation on the property for AMT purposes. d. No adjustment is required because Dale’s Emporium used MACRS to compute the depreciation of the property for regular tax purposes. 94. In the current year, Bianca has regular tax liability of $32,500 and tentative minimum tax (TMT) of $36,300. Additionally, Bianca has an adoption expense credit (personal, nonrefundable credit) of $6,200. What is Bianca’s total Federal income tax liability? a. $26,300. b. $30,100. c. $32,500. d. $36,300. 95. Which of the following amounts generally produces positive AMT adjustments? a. A deduction for real property taxes. b. Medical expenses in excess of the 7.5% -of-AGI floor. c. Charitable contribution deduction. d. The exercise of nonqualified stock options.

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Chap_17_2023 96. Ted, who is single, owns a personal residence in the city. He also owns a condo near the ocean. He uses the condo as a vacation home. In March of the current year, he borrowed $50,000 on a home equity loan and used the proceeds to buy a car. During the year, he paid the following amounts of interest. On his personal residence On his condo On the home equity loan On credit card obligations

$15,500 6,200 4,800 1,700

What amount, if any, must Ted recognize as an AMT adjustment for the year? a. $0 b. $4,800 c. $6,200 d. $11,000 97. Which of the following correctly describes the tax credit for rehabilitation expenditures? a. The cost of enlarging any existing business building is a qualifying expenditure. b. The cost of facilities related to the building (e.g., a parking lot) is a qualifying expenditure. c. No recapture provisions apply. d. No credit is allowed for the rehabilitation of a nonhistoric structure. 98. Which of the following statements concerning capital gains and losses and the AMT is correct? a. The preferential tax rate on net capital gain is not allowed in the calculation of tentative minimum tax. b. Net capital losses disallowed for regular tax purposes are deductible in the calculation of AMTI. c. The preferential tax rate on net capital gain applies in calculating both regular tax and the tentative minimum tax. d. Net capital gain is always taxed at the maximum 28% AMT rate. 99. Several years ago, Sarah purchased a certified historic structure for $150,000 that was placed in service in 1929. In the current year, she incurred qualifying rehabilitation expenditures of $200,000. The amount of the tax credit for rehabilitation expenditures and the amount by which the building’s basis for cost recovery would increase as a result of the rehabilitation expenditures are the following amounts. a. $20,000 credit; $180,000 basis. b. $40,000 credit; $200,000 basis. c. $40,000 credit; $350,000 basis. d. $40,000 credit; $160,000 basis.

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Chap_17_2023 100. Which of the following statements describing the alternative minimum tax (AMT) is correct? a. Generally, those taxpayers most concerned about being in AMT are low income taxpayers who elect the standard deduction. b. The AMT was enacted in an attempt to limit the ability of taxpayers to engage in questionable tax planning activities. c. The goal of the AMT is to try to ensure that all taxpayers with economic income pay at least some income tax. d. After the TCJA of 2017 changes, more taxpayers are expected to be in AMT. 101. In 2022, Blake incurs $270,000 of mining exploration expenditures and deducts the entire amount for regular tax purposes. Which of the following statements is incorrect? a. For AMT purposes, Blake will have a positive adjustment of $243,000 in 2022. b. Blake will have a negative AMT adjustment of $27,000 in 2026. c. Over a 10-year period, positive and negative adjustments for mining exploration expenditures will net to zero. d. Mining expenditures do not create an AMT adjustment or preference. 102. Without the foreign tax credit, double taxation would result when: a. The United States taxes the U.S.-source income of a U.S. resident. b. A foreign country taxes the foreign-source income of a nonresident alien. c. The United States and a foreign country both tax the foreign-source income of a U.S. resident. d. Terms of a tax treaty assign income taxing rights to the United States. 103. Cardinal Corporation hires two individuals who are certified to be eligible employees for the work opportunity tax credit under the general rules (e.g., food stamp recipients), each of whom is paid $9,000 during 2022. As a result of this event, Cardinal Corporation may claim a work opportunity credit of: a. $1,440. b. $2,880. c. $4,800. d. $7,200. 104. Ahmad is considering making a $10,000 investment in a venture whose promoter promises will generate immediate tax benefits for him. Ahmad, who normally itemizes his deductions, is subject to a 32% marginal tax bracket. If the investment is of a type where the taxpayer may claim either a tax credit of 25% of the amount of the expenditure or an itemized deduction for the amount of the investment, what treatment is likely most beneficial to Ahmad, and by how much will Ahmad’s tax liability decline because of the investment? a. $-0-, take neither the itemized deduction nor the tax credit. b. $2,500, take the tax credit. c. $3,200, take the itemized deduction. d. Both options produce the same benefit.

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Chap_17_2023 105. In the current tax year David, a 32-year-old single taxpayer, reported itemized deductions of $24,500, composed of the following amounts. $6,000 of medical expenses (in excess of 7.5%-of-AGI) $4,500 of property taxes on his home $2,500 of investment expenses (not limited by investment income) $3,000 of charitable contributions $8,500 of home mortgage interest on principal residence Which of David’s itemized deductions could create an AMT preference? a. All of the itemized deductions potentially create an AMT preference. b. The deduction for medical expenses and property taxes potentially create an AMT preference. c. The deduction for investment expenses and property taxes potentially create an AMT preference. d. None of the itemized deductions potentially creates an AMT preference. 106. Robin, who is a head of household and age 42, provides you with the following information from his financial records for 2022. Robin itemizes deductions.

Regular income tax liability Positive AMT adjustments AMT preferences Taxable income

$140,604 30,000 100,000 481,000

Calculate Robin's AMT for 2022. a. $5,029. b. $10,079. c. $12,636. d. $15,126. 107. Wallace owns a construction company that builds both commercial and residential buildings. He contracts to build a residential building for $800,000, and for which he is eligible to use the completed contract method of accounting. In the current year for regular tax purposes, Wallace does not recognize any gross income on the contract. Under the percentage of completion method, the income recognized under the contract would have been $60,000. Wallace’s AMT effect is: a. $0. b. $60,000 negative adjustment. c. $60,000 positive adjustment. d. $800,000 positive adjustment.

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Chap_17_2023 108. The components of the general business credit include all of the following except: a. Credit for employer-provided child care. b. Disabled access credit. c. Research activities credit. d. All of these are components of the general business credit. 109. In the renovation of its building, Green Company incurs $9,000 of expenditures that qualify for the disabled access credit. The disabled access credit is: a. $8,750. b. $4,500. c. $4,375. d. $4,250. 110. Prior to the effect of the tax credits, Justin’s regular income tax liability is $200,000, and his tentative minimum tax is $195,000. Justin reports the following credits. Child tax credit Adoption expenses credit

$1,000 5,000

Calculate Justin’s tax liability after credits. a. $190,000 b. $194,000 c. $195,000 d. $200,000 111. Mitch, who is single and age 46 and has no dependents, had AGI of $100,000 in the current year. His potential itemized deductions were as follows. Medical expenses (in excess of AGI floor) State income taxes Real estate taxes Mortgage interest (acquisition of primary residence) Home equity loan interest (loan used to finance the purchase of a car) Unreimbursed employee expenses

$15,000 3,000 7,000 13,000 4,000 4,300

What is the amount of Mitch’s AMT adjustment for itemized deductions for the current year? a. $10,000. b. $12,300. c. $16,300. d. $34,300.

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Chap_17_2023 112. Tamara operates a natural gas sole proprietorship that incurred $68,000 of intangible drilling costs (IDC) in the current year. Her sole proprietorship’s net income from natural gas for the year is $72,000. What is Tamara’s current year IDC preference? a. $6,800. b. $10,800. c. $14,400. d. $46,800. 113. Max, who is single and age 30, provides you with the following information from his financial records for 2022. Regular income tax liability

$77,003

AMTI

545,000

Taxable income

295,000

Calculate his AMT exemption for 2022. a. $0 b. $12,275 c. $74,625 d. $75,900 114. Which of the following statements is correct? a. If the tentative minimum tax exceeds the regular tax liability, AMT is $0. b. The AMT exemption amount decreases as AMTI increases. c. The highest AMT rate for individuals is 26%. d. The highest AMT rate for married individuals filing jointly is 26%. 115. Which of the following statements is incorrect? a. AMTI calculated under the direct and indirect methods will result in the same AMTI amount. b. AMTI calculated under the direct and the indirect methods produces different AMTI amounts. c. The Form 6251 uses the indirect method to calculate the AMT. d. In the indirect calculation, only amounts that differ between regular tax and AMT are included in the AMTI calculation.

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Chap_17_2023 116. In 2022, Liam’s filing status is married filing separately. For regular tax purposes, he has three dependents. Liam does not itemize deductions; his regular taxable income is $456,000. What is Liam’s 2022 AMT base? a. $0. b. $409,900. c. $456,000. d. $468,950. 117. Eula owns a mineral property that had a basis of $23,000 at the beginning of the year. Cost depletion is $19,000. The property qualifies for a 15% depletion rate. Gross income from the property was $200,000, and net income before the percentage depletion deduction was $50,000. What is Eula’s AMT preference for excess depletion if she maximized her regular tax depletion deduction? a. $15,000 b. $23,000 c. $25,000 d. $2,000 118. In the current tax year for regular tax purposes, Avery reports $65,000 of income and $190,000 of deductions from passive activities. For AMT purposes, the passive activity income amount is unchanged, but deductions from passive activities total $150,000. What is Avery’s suspended passive loss for regular tax and for AMT purposes? a. $0; $0. b. ($40,000); ($40,000). c. ($125,000); ($85,000). d. ($190,000); ($150,000). 119. Marvin, the vice president of Lavender, Inc., exercises a stock option to purchase 100 shares of stock in March 2022. The stock options are incentive stock options (ISOs). Their exercise price is $20 and the fair market value on the date of exercise is $28. The options were granted in March 2018 and all restrictions on the free transferability had lapsed by the exercise date. a. If Marvin sells the stock in December 2022 for $3,000, his AMT adjustment that year is a positive $800. b. If Marvin sells the stock in December 2022 for $3,000, his AMT adjustment in that year is $0. c. If Marvin sells the stock in December 2022 for $3,000, his AMT adjustment in that year is a negative $800. d. If Marvin sells the stock in December 2023 for $3,000, his AMT adjustment in that year is a negative $1,000.

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Chap_17_2023 120. Tad and Audra, who are married filing a joint return, have AMTI of $1,256,000 for 2022. Calculate their AMT exemption.

121. Steve records a tentative general business credit of $110,000 for the current year. His net regular tax liability before the general business credit is $125,000, and his tentative minimum tax is $100,000. Compute Steve’s allowable general business credit for the year.

122. Arlene, who is single and itemizes deductions, reports taxable income for 2022 of $612,000. Calculate her alternative minimum tax, if any, given the following additional information. AMT adjustments Positive Negative Tax preferences

$22,000 (25,000) 146,000

123. Michael and Clint are married, have no dependents, and file a joint return in 2022. Use the following information to calculate their Federal income tax liability. AMTI Regular income tax liability AMT preferences

$985,000 121,129 190,000

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Chap_17_2023 124. In May 2018, Swallow, Inc., issues options to Karrie, a corporate officer, to purchase 100 shares of Swallow stock under an ISO plan. At the date the stock options are issued, the fair market value of the stock is $1,000 per share and the option price is $1,200 per share. The stock becomes freely transferable in 2019. Karrie exercised the options in November 2018 when the stock was selling for $1,500 per share. She sold the stock in December 2022 for $1,800 per share. a. Determine the amount of the AMT adjustment for 2018. b. Determine the amount of the AMT adjustment for 2019. c. Determine Karrie’s recognized gain for regular tax purposes and for AMT purposes on the sale of the stock. d. Determine the amount of the AMT adjustment for 2022.

125. Hinata, who is single and age 48, has no dependents and has adjusted gross income of $150,000 in 2022. Her potential itemized deductions are as follows. Medical expenses (before percentage limitation) State income taxes Real estate taxes Mortgage (qualified housing and qualified residence) interest Unreimbursed employee expenses

$10,000 2,500 4,000 5,500 2,600

What are Hinata’s AMT adjustments for itemized deductions for 2022?

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Chap_17_2023 126. Gunter, who is divorced, provides you with the following financial information for the current year. Calculate Gunter's AMTI. $460,000

Salary Gain on sale of property held nine months (regular tax basis is $14,000 less than AMT basis)

50,000

Traditional IRA contribution

5,000

Itemized deductions: Charitable contributions

$13,000

Home mortgage interest on principal residence

14,000

State income taxes

18,000

Private activity municipal bond interest

25,000

127. In calculating her taxable income, Rhonda, who is 45, claims the following itemized deductions. State income taxes Property taxes Home mortgage interest on principal residence Charitable contributions Total itemized deductions for regular tax

$ 2,500 3,000 5,000 3,500 $14,000

Calculate Rhonda’s AMT adjustment for itemized deductions.

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Chap_17_2023 128. Lavender is the sole proprietor of a beverage business that incurs research and experimental expenditures of $210,000 in 2022. Determine the amount of the AMT adjustment for 2022 and for 2023 for regular tax purposes in each of the following scenarios.

The business capitalizes and amortizes the research and experimental expenses over the 5-year period allowed for regular tax purposes.

The business capitalizes the research and experimental expenses and elects to amortize them over a 10-year period

129. In 2022, Mara incurs circulation expenses of $240,000 that she deducts in calculating taxable income. a.

Calculate Mara’s AMT adjustment for circulation expenses for 2022, 2023, 2024, and 2025.

Advise Mara on how she could reduce or eliminate the AMT adjustment in 2022.

130. Abigail, who is single, reported taxable income of $315,000 for 2022. She incurred positive AMT adjustments of $30,000 and tax preference items of $50,000. Abigail itemizes deductions. a.

Compute Abigail's AMTI.

Compute Abigail’s tentative minimum tax (TMT).

131. Rick spends $750,000 to build a qualified low-income housing project, which is placed in service on January 1, 2022. He financed the project using his personal funds. What is the amount of the low-income housing credit that Rick may claim in 2022 (assuming a rate of 7.10%)? What is the total amount of the credit that Rick may claim as a result of the $750,000 expenditure?

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Chap_17_2023 132. In January 2022, Tammy acquired an office building in downtown Syracuse, NY, for $400,000. The building was constructed in 1932 and is a certified historic structure. Of the $400,000 cost, $40,000 was allocated to the land. Tammy immediately placed the building into service, but she quickly realized that substantial renovation would be required to keep and attract new tenants. The renovations costing $600,000 were of the type that qualifies for the rehabilitation credit. The improvements were completed in October 2022. a.

Compute Tammy’s rehabilitation tax credit for the year of acquisition.

Determine the cost recovery deduction for 2022.

What is the basis in the property at the end of its first year of use by Tammy?

133. Lilly is single and reports zero taxable income for 2022. She incurs positive AMT timing adjustments of $800,000 and AMT preferences of $200,000. a.

Calculate Lilly’s tentative minimum tax (TMT).

Calculate Lilly’s AMT credit carryover to 2023.

134. Golden Corporation is an eligible small business for purposes of the disabled access credit. During the year, Golden makes the following expenditures on a structure originally placed in service in 1988. Removal of architectural barriers Acquired equipment for disabled persons

$ 8,500 6,250 $14,750

In addition, Golden expended $8,000 on a building originally placed in service in the current year to ensure easy accessibility by disabled individuals. Calculate the amount of the disabled access credit available to Golden.

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Chap_17_2023 135. Frederick sells equipment whose adjusted basis for regular tax purposes is $345,000 and for AMT purposes is $380,000 (the equipment was ineligible for immediate expensing). The sales proceeds are $850,000. Determine the effect of the sale of the equipment on: a. b.

Taxable income. AMTI.

136. Use the following selected data to work backward and calculate Devon’s taxable income. Devon itemizes deductions. Tax preferences Positive AMT adjustments Negative AMT adjustments AMTI

$ 45,000 52,000 15,000 290,000

137. Comment on the validity of the following statement: While miscellaneous itemized deductions reduce regular taxable income, such deductions increase the likelihood that a taxpayer will be subject to AMT.

138. What is the relationship between taxable income and AMTI? Use formulas as part of your answer.

139. For 2022, what tax rates apply in calculating the TMT for an individual taxpayer?

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Chap_17_2023 140. Melinda is in the 32% marginal regular tax bracket. She reports a net capital gain of $150,000 on the sale of land which is eligible for the preferential tax rate on net capital gain in calculating the regular tax. Discuss the tax rate that applies to the $150,000 net capital gain in calculating the tentative minimum tax (TMT) for Melinda.

141. What is the purpose of the AMT exemption amount? For 2022, what is the maximum exemption for each filing status for an individual taxpayer?

142. Discuss the tax year in which an AMT adjustment is first required for an incentive stock option (ISO).

143. How can an AMT adjustment be avoided by a taxpayer who incurs circulation expenditures in the current tax year?

144. Durell's sole proprietorship builds residential housing. The business is eligible to use the completed contract method for regular tax purposes. What can Durell do to minimize his AMT?

145. When qualified residence interest exceeds qualified housing interest, the positive adjustment required in calculating AMT is a timing adjustment. That is, in the future, there will be an offsetting negative adjustment. Comment on the validity of this statement.

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Chap_17_2023 146. Discuss the relationship between the amount of AMT preferences a taxpayer has and the likelihood of the taxpayer having an AMT liability.

147. Do AMT adjustments and AMT preferences increase or decrease AMTI?

148. What is the purpose of the second tax system known as the alternative minimum tax?

149. Your client holds foreign tax credit (FTC) carryforwards (i.e., it is in an “excess credit” position.) Give at least three planning ideas that the client should implement to free up the suspended FTCs.

150. Discuss the Federal income tax treatment of unused general business credits.

151. How can the positive AMT adjustment for research and experimental expenditures be avoided?

152. What is the relationship between the regular tax liability and the TMT?

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Chap_17_2023 153. Explain the purpose of the disabled access credit and describe the general characteristics of its computation.

154. Explain the purpose of the tax credit for rehabilitation expenditures, and describe the general characteristics of its computation.

155. If a taxpayer deducts the standard deduction in calculating regular taxable income, what effect does this have in calculating AMTI?

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Chap_17_2023 Answer Key 1. False 2. True 3. True 4. True 5. False 6. True 7. True 8. False 9. True 10. True 11. False 12. True 13. True 14. False 15. False 16. False 17. False 18. False 19. False 20. False 21. False 22. False 23. False 24. False 25. False 26. False

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Chap_17_2023 27. False 28. False 29. True 30. False 31. False 32. False 33. False 34. True 35. True 36. True 37. True 38. True 39. True 40. False 41. False 42. False 43. False 44. True 45. False 46. False 47. False 48. True 49. False 50. False 51. False 52. True 53. True 54. False Copyright Cengage Learning. Powered by Cognero.

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Chap_17_2023 55. True 56. False 57. False 58. True 59. False 60. False 61. True 62. False 63. True 64. False 65. False 66. False 67. False 68. a 69. d 70. d 71. c 72. c 73. d 74. c 75. b 76. c 77. c 78. b 79. c 80. c 81. d 82. d Copyright Cengage Learning. Powered by Cognero.

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Chap_17_2023 83. b 84. d 85. c 86. a 87. c 88. d 89. b 90. b 91. c 92. a 93. d 94. b 95. a 96. a 97. d 98. c 99. d 100. c 101. d 102. c 103. c 104. c 105. d 106. b 107. c 108. d 109. c 110. b Copyright Cengage Learning. Powered by Cognero.

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Chap_17_2023 111. a 112. c 113. c 114. b 115. b 116. b 117. d 118. c 119. b 120. Statutory amount Less phaseout: 25%($1,256,000 – $1,079,800) AMT exemption

$118,100 (44,050) $74,050

121. $125,000 *

Net income tax Less:

The greater of: ∙ $100,000 (tentative minimum tax) or ∙ $25,000 [25% × ($125,000 – $25,000)]

Amount of general business credit allowed

(100,000) $ 25,000

*Net income tax = $125,000 (regular tax liability) + $0 [alternative minimum tax ($100,000 tentative minimum tax – $125,000 regular tax liability)] – $0 (nonrefundable credits).

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Chap_17_2023 122.

Taxable income $612,000 Plus: Positive AMT adjustments 22,000 Minus: Negative AMT adjustments (25,000) Plus: Tax preferences 146,000 AMTI $755,000 Minus: Exemption [$75,900 – (25% ($755,000 – (22,125) $539.900)] AMT base $732,875 Tentative minimum tax:

$206,100 × 26% $526,775 × 28%

53,586

Less: Regular income tax liability AMT

$147,497 $201,083 (189,395) $ 11,688

AMTI AMT exemption AMT base

$985,000 (118,100) $866,900

$206,100 × 26% = $660,800 × 28% = TMT Regular income tax liability AMT

$ 53,586 185,024 $ 238,610 (121,100) $ 117,510

123.

The AMT preferences of $190,000 are included in the calculation of AMTI. The Federal income tax liability is the sum of the regular income tax liability and the AMT ($121,100 + $117,510 = $238,610).

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Chap_17_2023 124. a.

For regular tax purposes, Karrie does not have income upon the exercise of the ISO in November 2018. However, the $30,000 excess of the fair market value of the stock over the exercise price ($150,000 – $120,000 = $30,000) is a positive adjustment for AMT purposes in the year the stock becomes freely transferable (2019). Therefore, there is no AMT adjustment in 2018.

A positive AMT adjustment of $30,000 ($150,000 – $120,000) occurs in 2019 when the stock becomes freely transferable.

c. Amount realized Adjusted basis Realized and recognized gain d.

Regular Income Tax $180,000 (120,000) $ 60,000

AMT $180,000 (150,000) $ 30,000

A $30,000 negative AMT adjustment results in 2022, equal to the excess of the recognized gain for regular tax purposes over the recognized gain for AMT purposes ($60,000 – $30,000 = $30,000).

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Chap_17_2023 125. Hinata’s adjustments for itemized deductions are computed as follows. Medical expenses (Note 1) State income taxes Real estate taxes Unreimbursed employee expenses (Note 2) Mortgage interest (Note 3) Total

–0– 2,500 4,000 –0– –0– $6,500

Notes (1)

The medical expense AGI floor is 7.5% for both regular tax and AMT purposes, so no adjustment is required.

(2)

Unreimbursed employee expenses are not deductible for regular tax purposes. As such, no AMT adjustment is required.

(3)

The mortgage interest deduction of $5,500 is the same (i.e., qualified housing interest and qualified residence interest) for AMT purposes and regular tax purposes. As such, no AMT adjustment is required.

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Chap_17_2023 126. Gunter’s regular taxable income is calculated as follows. Gross income: Salary Gain on sale of property Deductions for AGI Traditional IRA contribution

Less:

$460,000 50,000 $510,000

$ 5,000 (5,000) $505,000

AGI Less: Deductions from AGI Itemized deductions Charitable contributions

$ 13,000

Home mortgage interest

14,000

State income taxes (limited to $10,000)

10,000

Taxable income

(37,000) $468,000

His AMTI is calculated as follows. Taxable income Plus: Positive AMT adjustment: Disallowed state income taxes Minus: Negative AMT adjustment: Smaller gain on sale of property Plus: AMT preferences: Private activity municipal bond interest AMTI

$468,000 10,000 (14,000) 25,000 $489,000

127. Rhonda’s allowed itemized deductions for AMT purposes are determined as follows. Qualified residence interest Charitable contributions Total itemized deductions for AMT

$ 5,000 3,500 $8,500

Therefore, Rhonda’s positive adjustment in computing AMTI is $5,500 ($14,000 – $8,500), equal the deduction for state and local taxes.

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Chap_17_2023 128. a. The deduction for regular tax purposes is $21,000 [($210,000 ÷ 5) × 0.5] in 2022 and $42,000 ($210,000 ÷ 5) in 2023. For AMT purposes, the deduction is $21,000 ($210,000 ÷ 10) for 2022 and 2023. The AMT adjustment is: 2022 2023 Deduction for regular tax $21,000 $42,000 Deduction for AMT (21,000) (21,000) AMT adjustment $ 0 $21,000 b.

The amount of the AMT adjustment is $0 for both years. No adjustment is needed because the amount of the expense for regular tax and for AMT purposes is the same in all years.

Mara deducted the $240,000 circulation expenses in 2022 for regular tax purposes. For AMT purposes, the $240,000 must be amortized over a three-year period ($80,000 per year). So Mara incurs a positive AMT adjustment of $160,000 ($240,000 – $80,000) in 2022. In 2023 and 2024, she records a negative AMT adjustment of $80,000 each year. There is no regular tax or AMT effect in 2025.

129.

Mara could elect to amortize the circulation expenses of $240,000 over a three-year period ($80,000 each year) for regular tax purposes. In this case, the deduction for regular tax and AMT purposes would be the same and no AMT adjustment is necessary, either in the year the circulation expenditures are incurred or in any future year.

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Chap_17_2023 130. a. Taxable income

$315,000

Plus: Positive AMT adjustments

30,000

Plus: Tax preference items

50,000

AMTI b. AMTI Less: AMT exemption AMT base TMT $206,100 x 26% $113,000 x28%

$395,000 $395,000 (75,900) $319,100

$53,586 31,640 $85,226

131. Rick may claim a credit of $53,250 in 2022 ($750,000 × 7.10%). In addition, he may claim a credit of $53,250 per year for each of the next nine years, beginning in 2023, for a total credit of $532,500. 132. a.

Tammy’s adjusted basis in the building before the rehabilitation expenditures and current-year cost recovery is $360,000 ($400,000 – $40,000) minus the cost recovery for the period January through September. Because the rehabilitation expenditures of $600,000 exceed the greater of (1) the adjusted basis of the building before the rehabilitation ($360,000 minus the cost recovery for the period January through September) or (2) $5,000, Tammy is allowed a rehabilitation tax credit of $120,000 (20% × $600,000). Tammy will claim the credit ratably over five years ($24,000 per year).

The improvements are treated as separate property items for purposes of computing cost recovery. The recovery period for these improvements begins in October 2022 when the improvements are placed in service by Tammy. (See Rev. Rul. 87-57, 1987-2 C.B. 687.) The cost recovery period for the underlying structure begins in January 2022 when it was placed in service by Tammy. The straight-line method § 168(c) over 39 years under MACRS of § 168(c) must be used. Using Table 8.6 in Chapter 8 for straight-line depreciation for 39-year nonresidential real property, the appropriate cost recovery percentage for the building is 2.461%, and the percentage for the improvements is 0.535%.

Cost recovery of building ($360,000 × 2.461%) Plus: Cost recovery of improvements Copyright Cengage Learning. Powered by Cognero.

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Chap_17_2023 Cost of improvements Less: Credit (20%) Cost recovery basis Cost recovery of improvements ($480,000 × 0.535%) Total cost recovery for 2022

$600,000 (120,000) $480,000 2,568 $11,428

c. Land Building: Cost [$400,000 – $40,000 (land)] Less: Cost recovery Adjusted basis of building Improvements: Cost [$600,000 – $120,000 (credit)] Less: Cost recovery Adjusted basis of improvements Total adjusted basis of property

$ 40,000 $360,000 (8,860) 351,140 $480,000 (2,568) 477,432 $868,572

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Chap_17_2023 133. a. Taxable income AMT adjustments and preferences ($800,000 + $200,000) AMTI AMT exemption (completely phased out) AMT base

$ –0– 1,000,000 $1,000,000 –0– $1,000,000

TMT $206,100 ×26%= $793,900 ×28%= TMT b. TMT without positive timing adjustments AMT preferences (permanent differences) AMT exemption AMT base

$53,586 222,292 $275,878

$200,000 (75,900) $124,100

Tentative minimum tax $124,100 ×26%= TMT Portion related to AMT preferences (permanent differences) AMT credit carryover

$32,266 $275,878 (32,266) $243,612

134. Eligible access expenditures ($8,500 + $6,250); limited to $10,250 Less: Threshold amount Disabled access credit base Tax credit rate Disabled access credit

$10,250 (250) $10,000 × 50% $ 5,000

The expenditures of $8,000 incurred on the building originally placed in service in the current year do not qualify for the credit. The outlay is not considered an eligible expenditure because it is incurred on a structure placed in service after the enactment of the disabled access credit provision in November 5, 1990.

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Chap_17_2023 135. $850,000 (345,000) $505,000

a. Amount realized Adjusted basis Recognized gain

The recognized gain increases taxable income by $505,000. $850,000 (380,000) $470,000

b. Amount realized Adjusted basis Recognized gain

The recognized gain using the regular tax adjusted basis increases taxable income by $505,000 which would be included in the taxable income starting point of the AMT calculation. However, a negative adjustment of $35,000 is made in calculating AMTI for the difference between the recognized gain for regular tax purposes of $505,000 and the recognized gain for AMT purposes of $470,000. 136. AMTI Plus: Negative AMT adjustments Minus: Positive AMT adjustments Minus: Tax preferences Equals: Taxable income

$290,000 15,000 (52,000) (45,000) $208,000

137. Prior to the TCJA, this statement was correct. However, from 2018 to 2025, miscellaneous itemized deductions are not allowed in the calculation of regular taxable income. As a result, such deductions do not affect a taxpayer's likelihood of being subject AMT.

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Chap_17_2023 138. The indirect method typically is used to calculate the AMT (i.e., the starting point of the AMTI calculation is taxable income). If the direct method was used, AMTI could be calculated as follows: Gross income computed by applying the AMT rules Minus: Equals: Plus: Equals:

Deductions computed by applying the AMT rules AMTI before tax preferences Tax preferences Alternative minimum taxable income

If the indirect method is used, the model is as follows.

Plus: Minus: Equals: Plus: Equals:

Taxable income Positive AMT adjustments Negative AMT adjustments Taxable income after AMT adjustments Tax preferences Alternative minimum taxable income (AMTI)

139. For an individual taxpayer, in 2022 a 26% rate applies to the first $206,100 of AMT base, and a 28% rate applies to the AMT base in excess of that amount. 140. The preferential tax rate on net capital gains is available in calculating the TMT. Since the 15% rate is lower than the regular AMT rates (i.e., 26% and 28%), the 15% rate should be used by Melinda. 141. The AMT exemption amount can be thought of as a materiality provision. As such, it enables a taxpayer with a small amount of positive AMT adjustments and tax preferences to avoid being subject to the AMT. For individual taxpayers, the maximum exemption amounts for 2022 are as follows. ∙ ∙ ∙

Married filing jointly Single and head of household Married filing separately

$118,100 75,900 59,050

142. For regular tax purposes, no income is recognized due to the exercise of an ISO. For AMT purposes, the exercise of an ISO triggers the recognition of income (to the extent of the spread) in the tax year in which the rights in the stock are freely transferable or are not subject to a substantial risk of forfeiture. 143. For regular tax purposes, the taxpayer can capitalize the expenditures and amortize them over a three-year period beginning with the tax year in which they were made. For AMT purposes, only the three-year amortization is allowed. Then, no adjustment will be necessary.

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Chap_17_2023 144. The use of the completed contract method for regular tax purposes will result in the excess of the income calculated under the percentage of completion method over that reported under the completed contract method being treated as a positive adjustment for AMT purposes. Likewise, if for a particular tax year, the income calculated under the percentage of completion method is less than that under the completed contract method, this difference is a negative adjustment for AMT purposes. This adjustment can be eliminated by using the percentage of completion method for regular tax purposes. Then, the same method of accounting will be used for both regular tax purposes and AMT purposes, and no AMT adjustment is required. 145. This AMT adjustment is not a timing adjustment so it will not reverse in the future. 146. All else being equal, the higher the dollar amount of preferences that a particular taxpayer has, the greater the likelihood of an AMT liability. Preference amounts strictly increase the taxable income starting point of the AMTI calculation. And, preferences are permanent differences (i.e., they do not reverse in future tax years). As a result, a larger dollar amount of preferences is correlated with a higher AMTI and a higher likelihood of having an AMT liability. 147. AMT adjustments can be both positive and negative. AMT preferences can be only positive. So, AMT adjustments can increase or decrease AMTI, whereas AMT preferences can only increase AMTI. 148. The AMT was enacted as a backup to the regular tax. Its chief purpose is to ensure that no taxpayer with significant economic income can avoid income tax liability by using the exclusions, deductions, and credits in the regular income tax system. 149. ∙ Generate “same basket” foreign-source income that is subject to a tax rate lower than the taxpayer’s marginal U.S. tax rate. ∙ Time the repatriation of foreign-source earnings to coincide with “excess limitation” years. ∙ Deduct foreign taxes in years when the deduction benefit exceeds the FTC benefit. ∙ Convert deductions related to foreign-source income so that they now relate to U.S.-source income instead. 150. Unused general business credits are initially carried back one year and applied to reduce the income tax liability during that year. Thus, the taxpayer may receive a tax refund as a result of the carryback. Any remaining unused credits are then carried forward 20 years. A FIFO method is applied to the carrybacks, carryovers, and utilization of credits earned during a particular year. This procedure minimizes the potential for loss of a general business credit benefit. The oldest credits are used first in determining the amount of the general business credit. The FIFO method minimizes the potential for loss of a general business credit benefit due to the expiration of credit carryovers, because the earliest years are used before the current credit for the taxable year. 151. For regular tax purposes, research and experimental expenses are capitalized and amortized over a 5-year period beginning with the midpoint of the year in which the expenses are incurred. (This results in the following regular tax amortization schedule: 10% in year 1; 20% in years 2 to 5; and 10% in year 6.). For AMT purposes, such expenses must be capitalized and amortized over a 10-year period beginning with the year in which the expenses are incurred (i.e., 10% yearly). So there will be a positive AMT adjustment in years 2 to 5 and negative AMT adjustments in years 7 through 10. If the taxpayer elects to amortize the research and experimental expenses over a 10-year period for regular tax purposes, the deductions for regular tax and AMT will be the same and no AMT adjustments are necessary.

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Chap_17_2023 152. If the TMT exceeds the regular tax liability, the AMT is the amount of the excess. If the regular tax liability is equal to or greater than the TMT, the AMT is zero. 153. The disabled access credit is designed to encourage small businesses to make their businesses more accessible to disabled individuals. The credit is available only to eligible small businesses and is based on eligible access expenditures made by such taxpayers. In general, the credit is calculated at the rate of 50% of the eligible expenditures that exceed $250 but do not exceed $10,250. Therefore, the maximum credit is $5,000 [50% x ($10,250 - $250)]. The credit applies only to buildings placed in service before November 6, 1990. 154. The rehabilitation expenditures credit is intended to discourage businesses from moving from older, economically distressed areas to newer locations, while encouraging the preservation of historic structures. To that end, taxpayers are allowed a tax credit for expenditures incurred to rehabilitate certified historic structures. The credit is 20% of qualified rehabilitation expenditures related to a certified historic structure (either residential or nonresidential). The 20% credit is taken ratably over a 5-year period starting with the year the rehabilitated building is placed in service.

To qualify for the credit, certified historic structures must be substantially rehabilitated. A building has been substantially rehabilitated if qualified rehabilitation expenditures exceed the greater of: (1) the adjusted basis of the property before the rehabilitation expenditures, or (2) $5,000. Qualified rehabilitation expenditures do not include the cost of acquiring a building, the cost of facilities related to a building (such as a parking lot), and the cost of enlarging an existing building. 155. In converting regular taxable income to AMTI, the standard deduction increases the taxable income starting point of the AMTI calculation.

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Chap_18_2023 Indicate whether the statement is true or false. 1. The at-risk provisions and the passive activity loss provisions decrease the tax attractiveness of investments in real estate for partnerships and for limited liability companies. a. True b. False 2. A sole proprietorship files Schedule C of Form 1040, a partnership files Form 1065, a C corporation files Form 1120, and an S corporation files Form 1120S. a. True b. False 3. The profits of a business owned by Taylor (60%) and Maggie (40%) for the current tax year are $100,000. If the business is a C corporation or an S corporation, there is no effect on Taylor’s basis in her stock. If the business is a partnership or an LLC, Taylor’s basis in her partnership interest or basis in her stock is increased by $60,000. a. True b. False 4. John wants to buy a business whose assets have appreciated in value. If the business is operated as a C corporation, it does not matter to John whether he purchases the assets or the stock. a. True b. False 5. S corporation status always avoids double taxation. a. True b. False 6. A corporation has a greater potential for raising capital than does a partnership. a. True b. False 7. A limited liability company (LLC) is a hybrid business form that combines the corporate characteristic of limited liability for the owners with the tax characteristics of a partnership. a. True b. False 8. A C corporation offers greater flexibility in terms of the types of owners and capital structure than an S corporation. a. True b. False 9. If the IRS reclassifies debt as equity, the repayment of the debt by the corporation to the shareholder automatically is treated as a dividend. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_18_2023 10. Ling’s basis for her partnership interest is $250,000. If she receives a cash distribution of $290,000, her recognized gain is $40,000 and her basis for her partnership interest is reduced to $0. Ling is still a partner after the distribution. a. True b. False 11. A shareholder’s basis in the stock of an S corporation is increased by corporate profits and decreased by losses. a. True b. False 12. The passive activity loss rules apply to S corporations but not to C corporations. a. True b. False 13. If an S corporation distributes appreciated property as a dividend, it must recognize gain related to the appreciation. a. True b. False 14. C corporations are not subject to AMT but individuals are. a. True b. False 15. Of the corporate types of entities, all are subject to double taxation on current earnings. a. True b. False 16. For Federal income tax purposes, a business entity with two or more owners may be conducted as a partnership, C corporation, S corporation, or limited liability company. a. True b. False 17. The tax treatment of S corporation shareholders with respect to fringe benefits is not the same as the tax treatment for C corporation shareholders, but is the same as the fringe benefit treatment for partners. a. True b. False 18. After an asset contribution by a partner to a partnership, the partner’s basis for their ownership interest is the same as the basis of the assets contributed (if no liabilities are involved). a. True b. False 19. An S corporation is not subject to the AMT, but its shareholders are because the S corporation’s AMT adjustments and preferences are passed through to them. a. True b. False Copyright Cengage Learning. Powered by Cognero.

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Chap_18_2023 20. If a C corporation has earnings and profits at least equal to the amount of a distribution, the tax consequences to the shareholders are the same, regardless of whether the distribution is classified as a dividend or as a stock redemption. a. True b. False 21. An S corporation election for Federal income tax purposes also is effective for all states’ income tax purposes. a. True b. False 22. A C corporation making deductible payments to shareholders can reduce or eliminate double taxation. a. True b. False 23. All of the shareholders of an S corporation have limited liability with respect to their ownership interests in the corporation whereas only limited partners in a limited partnership have such limited liability. a. True b. False 24. The Net Investment Income Tax (NIIT) is owed by both high income individuals and corporations. a. True b. False 25. Each of the following can pass profits and losses through to the owners: general partnership, limited partnership, S corporation, and limited liability company. a. True b. False 26. Wally contributes land (adjusted basis of $30,000; fair market value of $100,000) to an S corporation in a transaction that qualifies under § 351. The corporation subsequently sells the land for $120,000, recognizing a gain of $90,000 ($120,000 – $30,000). If Wally owns 30% of the stock, $76,000 [$70,000 + 30%($20,000)] of the $90,000 recognized gain is allocated to Wally. a. True b. False 27. If lease rental payments to a noncorporate shareholder-lessor are classified as unreasonable, the taxable income of a C corporation increases and the gross income of the shareholder increases. a. True b. False 28. One benefit of an S corporation when compared with a C corporation is that an S corporation is subject to Federal income tax only in limited circumstances. a. True b. False

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Chap_18_2023 29. Daniel, who is single, estimates that the profits of his business for the current tax year will be $200,000; he has no other sources of gross income. Since the 21% corporate rate is less than Daniel's marginal rate of 32%, he would save taxes operating the business as a C corporation. a. True b. False 30. Some fringe benefits provide a double income tax benefit—a deduction for the employer and an exclusion for the employee. a. True b. False 31. An individual who owes the NIIT cannot also be subject to the additional Medicare tax. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 32. Nontax factors that affect the choice of business entity include: a. Ease of capital formation. b. Limited liability. c. Single versus double taxation. d. Only a. and b. 33. Kim contributes land (basis of $190,000; fair market value of $250,000) to a business entity in exchange for 100% of the stock. During the first year of operation, the entity earns a profit of $75,000. At the end of the first year, the entity has outstanding liabilities of $30,000 ($20,000 recourse and $10,000 nonrecourse). Select from the following: a. If the entity is a C corporation, Kim’s basis for her stock at the end of the first year is $265,000 ($190,000 + $75,000) and her at-risk basis is $265,000. b. If the entity is a partnership, Kim’s basis for her partnership interest (outside basis) at the end of the first year is $355,000 ($250,000 + $75,000 + $30,000) and her at-risk basis is $345,000 ($250,000 + $75,000 + $20,000). c. If the entity is an S corporation, Kim’s basis for her stock at the end of the first year is $345,000 ($250,000 + $75,000 + $20,000) and her at-risk basis is $345,000. d. Choice a., b., and c. are incorrect. 34. Techniques that can be used to minimize the current period tax liability include: a. Utilizing special allocations. b. Having favorable treatment of certain fringe benefits. c. Minimizing double taxation. d. All of these can be used for effective tax planning.

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Chap_18_2023 35. Alice contributes equipment (fair market value of $82,000; adjusted basis of $20,000), subject to a $14,000 liability, to form Orange Partnership, a general partnership. Mary contributes $68,000 cash. Alice and Mary share equally in partnership profits and losses. What is Alice’s and Mary’s basis for their partnership interests? a. $6,000 to Alice, $68,000 to Mary. b. $6,000 to Alice, $75,000 to Mary. c. $13,000 to Alice, $75,000 to Mary. d. $20,000 to Alice, $68,000 to Mary. 36. Which of the following statements is correct? a. The sale of an unincorporated sole proprietorship always is treated as the sale of the individual business assets. b. The sale of a partnership is treated as the sale of the individual assets only if the sales transaction is structured as the sale of the individual assets. c. The sale of a corporation is treated either as the sale of the corporate stock or as the sale of the individual assets. d. Choice a., b., and c. are correct. 37. Martin contributes property with an adjusted basis of $100,000 and a fair market value of $140,000 to a newly formed business entity. If the entity is an S corporation and the transaction qualifies under § 351, the S corporation’s basis for the property and the shareholder’s basis for the stock are: Asset Basis a. $100,000

Stock Basis $140,000

b. $140,000

$100,000

$140,000

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Chap_18_2023 38. Robin Company has $100,000 of income before payment of $100,000 of reasonable salaries to its owners/employees (who are in the 32% bracket). Which form of business results in the least amount of combined income tax being paid by the company and its owners? a. Partnership. b. C corporation. c. S corporation. d. Choices a., b., and c. all result in the same amount of tax. 39. Alice and Jose are going to form a business entity. Alice will contribute cash of $200,000 for a 40% ownership interest and Jose will contribute land worth $300,000 (basis of $180,000) for a 60% ownership interest. Which of the following statements is correct? a. If the entity is a C corporation, Alice has $0 recognized gain and a basis for her stock of $200,000, and Jose has a recognized gain of $120,000 and a basis for his stock of $300,000. b. If the entity is an S corporation, Alice has $0 recognized gain and a basis for her stock of $200,000, and Jose has $0 recognized gain and a basis for his stock of $180,000. c. If the entity is a general partnership, Alice has $0 recognized gain and a basis for her partnership interest of $152,000 ($380,000 × 40%), and Jose has $0 recognized gain and a basis for his partnership interest of $228,000 ($380,000 × 60%). d. Only a. and c. are correct. 40. Which of the following statements is correct? a. An S corporation has a greater opportunity to raise capital than does a C corporation. b. A general partnership has a greater opportunity to raise capital than does a limited partnership. c. A partnership has a greater opportunity to raise capital than does a sole proprietorship. d. Only a. and b. are correct. 41. Which of the following statements is correct? a. The AMT applies to both the individual taxpayer and the C corporation. b. An individual's AMT rates are 26% and 28%. c. The S corporation AMT rate is 20%. d. Only a. and b. are correct. 42. For a limited liability company with 100 unrelated owners: a. An election can be made to be taxed as a C corporation. b. An election can be made to be taxed as an S corporation. c. An election can be made to be taxed as a partnership. d. Only a. and c. are correct.

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Chap_18_2023 43. Ruchi contributes property with an adjusted basis of $80,000 and a fair market value of $100,000 to a newly formed business entity. If the entity is a partnership and the transaction qualifies under § 721, the partnership’s basis for the property and the partner’s basis for the partnership interest are: Asset Basis a. $ 80,000

Stock Basis $100,000

b. $100,000

$ 80,000

$100,000

44. Tuan and Ella are going to establish a business. They expect the business to be very successful in the long-run, but they project losses of approximately $100,000 for each of the first five years. Due to potential environmental concerns, limited liability is a requisite for the owners. Which form of business entity should they select? a. General partnership. b. Limited partnership. c. C corporation. d. S corporation.

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Chap_18_2023 45. Chen contributes property with an adjusted basis of $80,000 and a fair market value of $100,000 to a newly formed business entity. If the entity is a C corporation and the transaction qualifies under § 351, the corporation’s basis for the property and the shareholder’s basis for the stock are: Asset Basis a. $ 80,000

Stock Basis $100,000

b. $100,000

$ 80,000

d. $100,000 $100,000 46. Which of the following statements is incorrect? a. The number of owners of an LLC is not limited. b. If the LLC has three or more corporate characteristics, it will be taxed as a C corporation. c. An LLC can elect to be taxed as a C corporation or as a partnership. d. Only a. and c. 47. Tyrone purchases a building for $750,000 that is going to be used by his wholly owned corporation. Which of the following statements is correct? a. If Tyrone contributes the building to the corporation, there will be no gross income in the current year and a carryover basis of $750,000. b. If Tyrone leases the building to the corporation, lease-rental payments of $30,000 per year to Tyrone will result in a $30,000 deduction for the corporation. c. If Tyrone leases the building to the corporation, lease-rental payments of $30,000 per year to Tyrone will result in $30,000 of gross income for Tyrone. d. All of these statements are correct. 48. LaTonya contributes $150,000 to Swan, Inc., for 80% of the stock. In addition, she loans Swan $600,000. The maturity date on the loan is five years and the interest rate is 3%, the same as the Federal rate. Which of the following statements are correct? a. If the loan is reclassified as equity, Swan qualifies for a deduction of $600,000 when the loan is repaid, and LaTonya receives dividend income of $600,000 (assuming that Swan’s earnings and profits are at least $600,000). b. If the loan is not reclassified as equity, Swan can deduct interest expense annually of $18,000, and LaTonya includes in gross income annually interest income of $18,000. c. If the loan is reclassified as equity, Swan claims no interest deduction, and LaTonya recognizes no income. d. Only a. and b. Copyright Cengage Learning. Powered by Cognero.

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Chap_18_2023 49. Factors that should be considered in making the S corporation election for the current tax year include the following. a. Are greater than 50% of the shareholders willing to consent to the election? b. Can the requirements for qualification be satisfied by the fifteenth day of the third month of the tax year and also for the period of the tax year that precedes this date? c. Will the corporation have total capital not in excess of $1 million? d. Only b. and c. 50. Audrey holds an ownership interest in a business entity. She is in the 24% tax bracket. The entity incurs $30,000 of lodging expense for Audrey, which she believes qualifies for exclusion treatment as a qualified fringe benefit. Which of the following statements are correct? a. If the entity is a partnership and Audrey has a 60% interest, the effect of the $30,000 expenditure by the partnership on Audrey’s tax liability is an increase of $4,320. b. If the entity is a sole proprietorship, the effect of the $30,000 expenditure by the sole proprietorship on Audrey’s tax liability is $7,200. c. If the entity is a C corporation, the effect of the $30,000 expenditure by the corporation on Audrey’s tax liability is $0. d. Only b. and c. are correct. 51. A limited liability company (LLC): a. Is subject to double taxation. b. Is usually taxed as a partnership. c. Is usually taxed as a corporation. d. Is exempt from Federal income taxation. 52. Albert’s sole proprietorship owns the following assets.

Accounts receivable Inventory Machinery and equipment* Buildings** Land

Adjusted BasisFair Market Value $ –0– $ 60,000 20,000 30,000 50,000 90,000 120,000 170,000 80,000 140,000 $270,000 $490,000

* Potential § 1245 recapture of $45,000. ** Straight-line depreciation used. Albert sells his sole proprietorship for $500,000. Calculate Albert’s recognized gain or loss and classify it as capital or ordinary. a. $230,000 ordinary income. b. $230,000 capital gain. c. $115,000 ordinary income and $115,000 capital gain. d. $110,000 ordinary income and $120,000 capital gain. Copyright Cengage Learning. Powered by Cognero.

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Chap_18_2023 53. Kristine owns all of the stock of a C corporation that owns the following assets.

Accounts receivable Inventory Machinery and equipment* Buildings** Land

Adjusted Basis $ –0– 20,000 50,000 120,000 80,000 $270,000

Fair Market Value $ 60,000 30,000 90,000 170,000 140,000 $490,000

* Potential § 1245 recapture of $45,000. ** Straight-line depreciation was used. Her adjusted basis for her stock is $270,000. Calculate Kristine’s recognized gain or loss and classify it as capital or ordinary if she sells her stock for $500,000. a. $230,000 ordinary income. b. $230,000 capital gain. c. $115,000 ordinary income and $115,000 capital gain. d. $110,000 ordinary income and $120,000 capital gain. 54. Both Thu and Juan own one-half of the stock of Wren, Inc., a C corporation. Each shareholder holds a stock basis of $175,000. Wren holds accumulated E & P of $300,000. Wren’s taxable income for the current year is $100,000, and it distributes $75,000 to each shareholder. Thu’s stock basis at the end of the year is: a. $0. b. $100,000. c. $150,000. d. $175,000. 55. Both Tracy and Cabel own one-half of the stock of Finch, Inc., an S corporation with no accumulated E & P. Tracy’s basis in the Finch stock is $225,000. Finch’s taxable income for the current year is $100,000, and it distributes $180,000 to each shareholder. Tracy’s stock basis at the end of the year is: a. $-0-. b. $45,000. c. $95,000. d. $100,000. 56. Both Malcolm and Cho (shareholders) loan Crow Corporation $50,000 at the market rate of interest. Which of the following statements are false? a. Crow may deduct the interest expense, and the interest income is taxable to Malcolm and Cho. b. If the IRS were successful in reclassifying the notes as equity, the interest payments would not be deductible by Crow, and Malcolm and Cho would still recognize income. c. If the IRS were successful in reclassifying the notes as equity, repayment of the note principal to Malcolm and Cho would not qualify for return of capital treatment and would most likely result in dividend income treatment for Malcolm and Cho. d. All of these are true. Copyright Cengage Learning. Powered by Cognero.

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Chap_18_2023 57. Which of the following statements is incorrect? a. The purchase of an unincorporated sole proprietorship always is treated as the purchase of its assets. b. A taxpayer purchasing a corporation in which the assets are appreciated would prefer to purchase the stock of the corporation. c. The purchase of a corporation always is treated as the purchase of the corporate stock. d. Only a. and b. are correct. Match the following. a. Contribution of appreciated property to the business entity by an owner is never subject to taxation. b. Realized gains on the contribution of appreciated property to the entity are not recognized by the contributor when an 80% control requirement is satisfied. c. Realized losses on the contribution of loss property to the entity never are recognized by the contributor. d. Realized losses on the contribution of loss property to the entity are recognized by the contributor unless an 80% control requirement is satisfied. e. Basis of ownership interest to the owner is dependent on whether gain or loss is recognized to the owner on the contribution of assets to the business entity. 58. S corporation 59. C corporation 60. Limited partnership 61. General partnership Match the following attributes with the different forms. A particular attribute may apply to more than one entity form. a. Ability of all owners to have limited liability. b. Ability to pass tax attributes through to the owners. c. Right of all owners to participate in the management of the business. d. Number of owners is limited. e. Ability to have multiple owners. 62. S corporation 63. C corporation 64. Limited partnership 65. General partnership 66. Sole proprietorship

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Chap_18_2023 Match the following statements. a. For the corporate taxpayer, taxed using the regular tax rates. b. Must be capitalized, but can be amortized over 180 months. c. For the corporate taxpayer, the rate is 21%. d. For the corporate taxpayer, cannot be deducted at all in the current tax year. e. For the corporate taxpayer, limited to 10% of taxable income before certain deductions. 67. Organization costs 68. Regular tax rate 69. Net capital gain 70. Net capital loss 71. Charitable contributions Match the following statements. a. Transaction in this form enables double taxation to be avoided. b. Gain or loss is calculated separately for each asset and is subject to single taxation. c. This is subject to double taxation. d. The sale is treated as the sale of a capital asset under § 741 but subject to ordinary income potential under § 751. e. This is not subject to double taxation on the sale of corporate stock. 72. Sale of the individual assets of an unincorporated sole proprietorship by the owner. 73. Sale of the corporate assets by the C corporation. 74. Sale of corporate stock by the C corporation shareholders. 75. Sale of corporate stock by the S corporation shareholders. 76. Sale of an ownership interest by a partner. Match the following statements. a. Usually subject to single taxation even if the entity is incorporated. b. Not making distributions to shareholders. c. Rate for a corporate taxpayer is 21%. d. Subject to double taxation. e. Eligible for special allocations. 77. Technique for minimizing double taxation 78. Regular tax rate 79. S corporations 80. C corporations 81. Partnerships

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Chap_18_2023 82. Jane is going to invest $90,000 in a business entity that she will manage. Her projected share of the loss for the first year is $36,000. Jane’ marginal tax rate is 32%. Determine the cash flow benefit of the loss to her if the business form is: a.

A general partnership.

An S corporation.

An LLC.

A C corporation.

83. Candace, who is in the 32% tax bracket, is establishing a business that could have potential environmental liability problems. She is trying to decide between the C corporation form and the S corporation form. She projects that the business will generate earnings of about $75,000 each year. Advise Candace on the tax consequences of each entity form.

84. Abby is a limited partner in a limited partnership. Her basis in the partnership interest is $80,000. Abby’s share of the partnership loss for the tax year is $90,000. She reports other income of $275,000 from her job as an air traffic controller. How much of the $90,000 can Abby offset against her other income of $275,000? What happens to any balance that cannot be deducted in the current tax year?

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Chap_18_2023 85. Lee owns all the stock of Vireo, Inc., a C corporation for which he has an adjusted basis of $150,000. The assets of Vireo are recorded as follows.

Cash Accounts receivable Inventory Building Land

Adjusted Basis $35,000 20,000 22,000 28,000 40,000

FMV $35,000 20,000 25,000 30,000 90,000

Lee sells his stock to Katrina for $300,000. Determine the tax consequences to: a.

Lee.

Katrina.

Vireo

86. Melanie and Sonny form Bird Enterprises. Sonny contributes cash of $100,000 and land worth $50,000 (adjusted basis of $30,000). Melanie contributes land and a building worth $280,000 (adjusted basis of $200,000) and performs services worth $20,000 associated with the formation of the entity. Melanie receives a two-thirds ownership interest and Sonny receives a one-third ownership interest. Determine the tax consequences of the contributions to Melanie, Sonny, and Bird if the business is: a.

An S corporation.

A C corporation

A partnership.

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Chap_18_2023 87. Meg has an adjusted basis of $150,000 for her 40% ownership interest. During the year, the entity earns a profit of $100,000 and liabilities increased by $70,000. Determine Meg’s adjusted basis for her ownership interest. a.

If the entity is a partnership.

If the entity is a C corporation.

If the entity is an S corporation.

88. Swallow, Inc., will distribute cash of $700,000 to shareholder Marjean, who is in the 35% tax bracket. a.

Determine the tax liability to Marjean if the form of the distribution is a dividend.

Determine the tax liability to Marjean if the form of the distribution is a stock redemption. Assume Marjean’s adjusted basis for the stock redeemed is $200,000 and that she has owned the stock for five years.

89. Wren, Inc. is owned by Tucker (30%) and Maribel (70%). Tucker’s marginal tax rate is 22% and Maribel’s marginal tax rate is 35%. Wren’s taxable income for the current tax year is $300,000. Determine the amount of the distribution that Wren would make to enable Tucker and Maribel to pay their tax liabilities associated with Wren’s $300,000 taxable income.

a. If Wren is an S corporation.

b. If Wren is a C corporation.

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Chap_18_2023 90. Kirby, the sole shareholder of Falcon, Inc., leases a building to the corporation. The taxable income of the corporation for the tax year before deducting the lease payments is projected to be $500,000. a.

What are the tax consequences to Kirby and to Falcon if Kirby leases a building to the corporation for $400,000?

Is there a potential pitfall? How would it change the tax consequences to Kirby and to Falcon?

91. Anne contributes property to the TCA Partnership, which was formed eight years ago by Clark and Tara. Anne’s basis for the property is $90,000 and the fair market value is $220,000. Anne receives a 25% interest for her contribution. Because the TCA Partnership is unsuccessful in having the property rezoned from agricultural to commercial, it sells the property 14 months later for $225,000. a.

Determine the tax consequences to Anne and to the partnership on the contribution of the property to the partnership.

Determine the tax consequences to Anne and the other partners on the sale of the property.

Would the tax consequences in b. differ if the entity were an S corporation?

92. Both Albert and Elva own 50% of the stock of Eagle, Inc. (a C corporation). To cover temporary working capital needs, each shareholder loans Eagle $200,000 using the annual Federal interest rate of 3% and a maturity date of one year. a.

What are the tax consequences to Albert, Elva, and Eagle if the loans are classified as debt?

What are the tax consequences to Albert, Elva, and Eagle if the loans are classified as equity?

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Chap_18_2023 93. Sam and Trang are going to establish a business. Sam will contribute cash of $100,000 for a 50% interest, and Trang will contribute land and a building worth $135,000 (adjusted basis of $65,000) for a 50% interest. The land and building are encumbered by a $35,000 mortgage, which the entity assumes. Determine the tax consequences of the contribution to Sam, Trang, and the entity if the business is: a.

An S corporation.

A partnership.

A C corporation.

94. Sang-hoon is establishing a business in year 1 that could have potential environmental liability problems. Therefore, he is trying to decide between the C corporation form and the S corporation form. He projects that the business will generate losses of approximately $100,000 each year for the first three years and then will generate profits of at least $200,000 each year thereafter. All profits will be reinvested in the growth of the business. Sang-hoon projects he will be in the 35% bracket for all tax years. Advise Sang-hoon on which tax form he should select.

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Chap_18_2023 95. Luis owns all the stock of Silver, Inc., a C corporation for which his adjusted basis is $225,000. Luis founded Silver 12 years ago. The assets and liabilities of Silver are recorded as follows. Assets Cash Accounts receivable Inventory Machinery and equipment* Land

Basis $ 15,000 –0– 30,000 70,000 60,000 $175,000

FMV $ 15,000 25,000 35,000 90,000 150,000 $315,000

Liabilities Accounts payable Notes payable

Basis $ 5,000 10,000 $15,000

FMV $ 5,000 10,000 $15,000

*Accumulated depreciation of $55,000 has been deducted. Luis has agreed to sell the business to Marilyn and they have agreed on a purchase price of $350,000 less any outstanding liabilities. They are both in the 35% tax bracket. a.

Advise Luis on whether the form of the sales transaction should be a stock sale or an asset sale.

Advise Marilyn on whether the form of the purchase transaction should be a stock purchase or an asset purchase.

96. Blue, Inc., records taxable income before salary payments of $700,000 to its president who has a marginal rate of 32%. a.

Calculate the tax liability to Blue if the president’s salary is $400,000 and if it is $100,000.

What tax benefit is there of paying the higher salary to the president?

What negative tax result may occur associated with the payment of the higher salary?

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Chap_18_2023 97. Wang wants to sell his wholly owned C corporation, Cream, Inc. The fair market value of his stock exceeds the corporation’s adjusted basis for the assets. Should Wang sell his stock or have Cream sell its assets and make a liquidating distribution to him?

98. List some techniques for reducing and/or avoiding double taxation by transferring funds to the shareholders that are deductible to the corporation.

99. For which type of business entity is an owner least likely to have a cash flow problem as to Federal income taxes? Explain.

100. Alejandro, a single individual, owns a sole proprietorship business. For 2022, his net income from this activity was $150,000 after considering all business-related deductions. Assume Alejandro has other income equal to his standard deduction. a. Compute any qualified business income deduction for Alejandro. b. Given a FICA earnings limit of $147,000 for 2022, calculate and identify all of the employment taxes Alejandro is subject to for 2022. c. Which taxes in b., if any, may Alejandro deduct on his Form 1040? d. How would your answers to a. and b. change if Alejandro were instead an employee-owner of a C corporation with a salary of $150,000?

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Chap_18_2023 101. Jiang contributes land with an adjusted basis of $85,000 and a fair market value of $100,000 to a business entity in which she is an 80% owner on the first day of the tax year. Discuss the tax consequences to Jiang if the entity sells the land six months later for $120,000 if: a.

The entity is a partnership.

The entity is a C corporation.

The entity is an S corporation.

102. A business entity has appreciated land (basis of $50,000 and fair market value of $75,000) which it is going to distribute to Chun, one of its owners. The entity has earned substantial profits during its 15 years of operations and has reinvested most of them in the business. What are the tax consequences of the distribution to the business entity and to Chun if the business entity is a(n): a.

C corporation?

S corporation?

Partnership?

103. Ralph wants to purchase either the stock or the assets of Red, Inc., a C corporation. Under what circumstances would Ralph prefer to purchase: a.

The stock from the shareholders?

The assets from the corporation?

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Chap_18_2023 104. Which of the following business entity forms are subject to single taxation on the profits, and which are subject to double taxation? a.

Sole proprietorship.

General partnership.

Limited partnership.

C corporation.

S corporation.

LLC.

105. Ori has been operating his business as a C corporation for the past five years. The corporation pays him a reasonable salary. The profits of the corporation, after paying Federal income tax, are distributed to him each year as a dividend. He is considering electing S status for his corporation, to avoid double taxation. What factors should he consider assuming after-tax earnings will continue to be distributed to him?

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Chap_18_2023 106. Mai is going to contribute the following assets to a business entity in exchange for an ownership interest. Adjusted Basis Cash $100,000 Land and building 60,000 What are the tax consequences of the contribution to Mai if the business entity is a(n): a.

Sole proprietorship?

General partnership?

Limited partnership?

C corporation?

S corporation?

FMV $100,000 95,000

107. With respect to special allocations, is the S corporation treated more like a partnership or a C corporation? Elaborate.

108. Ling owns a sole proprietorship for which the assets have appreciated in value. If he is going to sell the business to Abner, should Ling structure the sale as (1) a sale of the individual assets or (2) a sale of the sole proprietorship?

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Chap_18_2023 109. To which of the following entities does the AMT apply? ∙

Sole proprietorship.

∙

General partnership.

∙

Limited partnership.

∙

LLC.

∙

S corporation.

∙

C corporation.

110. How can double taxation be avoided or reduced by a shareholder owning necessary business assets outside a C corporation?

111. Corey is going to purchase the assets of Kathlyn’s sole proprietorship. The assets of Kathlyn’s sole proprietorship have appreciated in value. From Corey’s perspective, does it matter whether the purchase is structured as the purchase of (1) the individual assets or (2) the sole proprietorship?

112. Lisa is considering investing $60,000 in a limited partnership that is raising additional capital. According to the prospectus, for the past 10-year period, the average earnings have been 12% and for the past 5-year period, the average earnings have been 9%. Lisa is in the 24% tax bracket. a.

List some factors Lisa should consider in making a decision on the potential investment.

Assuming the partnership finances its activities with equity rather than debt, what is the maximum cash flow benefit Lisa can receive if the partnership generates losses?

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Chap_18_2023 113. Mabel and Alan, who both are in the 32% Federal income tax bracket, recently acquired a fast-food

franchise. They both will work in the business and receive a salary of $175,000 each. They anticipate that the annual profits of the business, after deducting salaries, will be approximately $450,000. The entity will distribute enough cash each year to Mabel and Alan to cover their Federal income taxes associated with the franchise. a. What amount will the entity distribute if the franchise operates as a C corporation? b. What amount will the entity distribute if the franchise operates as an S corporation? c. What will be the amount of the combined entity/owner tax liability in parts (a) and (b)?

114. Dudley holds a 20% ownership interest in a business for which his basis is $100,000. During the year, the entity earns profits of $90,000 and makes cash distributions of $50,000 to the owners. How do these transactions affect Dudley’s basis if: a.

The entity is a C corporation?

The entity is a general partnership?

The entity is an S corporation?

115. List some techniques that can be used to avoid and/or reduce double taxation for a C corporation.

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Chap_18_2023 Answer Key 1. True 2. True 3. False 4. False 5. False 6. True 7. True 8. True 9. False 10. True 11. True 12. False 13. True 14. True 15. False 16. True 17. True 18. True 19. True 20. False 21. False 22. True 23. True 24. False 25. True 26. False

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Chap_18_2023 27. False 28. True 29. False 30. True 31. False 32. d 33. d 34. d 35. c 36. d 37. c 38. d 39. b 40. c 41. b 42. d 43. c 44. d 45. c 46. b 47. d 48. b 49. b 50. d 51. b 52. d 53. b 54. d Copyright Cengage Learning. Powered by Cognero.

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Chap_18_2023 55. c 56. d 57. b 58. b 59. b 60. a 61. a 62. a 63. a 64. b 65. b 66. b 67. b 68. c 69. a 70. d 71. e 72. b 73. c 74. a 75. a 76. d 77. b 78. c 79. a 80. d 81. e

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Chap_18_2023 82. a.

Under the conduit concept applicable for a general partnership, Jane will deduct the $36,000 loss on her Form 1040. Thus, the cash flow benefit to her will be $11,520 ($36,000 × 32%).

Under the conduit concept applicable for an S corporation, Jane will deduct the $36,000 loss on her Form 1040. Thus, the cash flow benefit to her will be $11,520 ($36,000 × 32%).

Under the conduit concept applicable for an LLC, Jane will deduct the $36,000 loss on her Form 1040. Thus, the cash flow benefit to her will be $11,520 ($36,000 × 32%).

Under the entity concept applicable for C corporations, the corporate loss is not passed through to the shareholders. Thus, the cash flow benefit to her will be $0.

83. If the form selected is an S corporation, the corporation has a zero tax liability, and Candace has a tax liability associated with the business of $24,000 ($75,000 × 32%) each year. A distribution of the $75,000 of earnings to Candace would result in no additional tax liability. If the form selected is a C corporation, the corporation has a tax liability of $15,750 each year. A distribution of the after-tax earnings of $59,250 ($75,000 – $15,750) would result in an additional tax liability for Candace of $8,888 ($59,250 × 15%) each year. Thus, the total tax liability on the $75,000 would be $24,638 ($15,750 + $8,888) each year. The C corporation could follow a no-dividend distribution policy if the earnings are invested in the growth of the business. Thus, a significant factor affecting the choice between a C corporation and an S corporation for Candace is the projected distribution policy. 84. Abby’s investment in the limited partnership is classified as a passive activity. Since none of the other income of $275,000 is passive income, Abby cannot deduct any of her $90,000 share of the loss. The suspended amount of $90,000 carries over to the following tax year.

85. a.

Lee reports a recognized gain of $150,000 ($300,000 amount realized – $150,000 adjusted basis). The gain is a capital gain and is a long-term capital gain if the holding period for the stock is more than one year.

Katrina has an adjusted basis for her stock of $300,000.

Vireo was not involved in the transaction. Therefore, the adjusted basis for its assets remains unchanged.

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Chap_18_2023 86. a.

Under § 351, no gain or loss is recognized at the time of the contribution of the assets to the S corporation. Since Melanie and Sonny satisfy the 80% control requirement, § 351 applies. Sonny’s basis for his stock is $130,000 ($100,000 + $30,000) and Melanie’s basis for her stock is $220,000 ($200,000 + $20,000). The corporation’s basis for its assets is a carryover basis (i.e., $100,000 for the cash, $30,000 for the land, $200,000 for the land and building, and $20,000 for the capitalized organization costs). Melanie has $20,000 of ordinary income for the services provided.

The tax consequences for Melanie, Sonny, and the C corporation are the same as in a., (i.e., § 351 applies to both C corporations and S corporations).

Under § 721, no gain or loss is recognized at the time of the contribution of the assets to the partnership. Note that § 721, unlike § 351, does not have a control requirement. Sonny’s basis for his partnership interest is $130,000 ($100,000 + $30,000), and Melanie’s basis for her partnership interest is $220,000 ($200,000 + $20,000). The partnership’s basis for its assets is a carryover basis (i.e., $100,000 for the cash, $30,000 for the land, $200,000 for the land and building, and $20,000 for the organization costs). Melanie has $20,000 of ordinary income for the services she provided.

87. Beginning adjusted basis + Share of profits + Share of liability increase Ending adjusted basis

Partnership $150,000 40,000 28,000 $218,000

C Corporation $150,000 –0– –0– $150,000

S Corporation $150,000 40,000 –0– $190,000

88. a.

If the distribution is a dividend, Marjean’s tax liability is $105,000 ($700,000 × 15%). Given the amount of this dividend though, Marjean would have some of this qualified dividend taxed at the 20% capital gains rate. If the distribution is a stock redemption, Marjean’s recognized gain is calculated as follows. Amount realized Adjusted basis Realized gain

$700,000 (200,000) $500,000

Recognized gain

$500,000

The gain is classified as a long-term capital gain. Using the LTCG tax rate of 15%, Marjean’s tax liability is $75,000 ($500,000 × 15%). Again, given the amount of this gain, Marjean would have some of it taxed at the 20% capital gains rate.

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Chap_18_2023 89. a. If Wren is an S corporation, it is the tax reporter and Tucker and Maribel are the taxpayers. The tax liabilities on their shares of Wren’s $300,000 taxable income would be determined as follows. Tucker ($300,000 × 30% × 22%) Maribel ($300,000 × 70% × 35%)

$19,800 $73,500

Thus, Wren would need to distribute $93,300 ($19,800 + $73,500) to enable Tucker and Maribel to pay their tax liabilities associated with Wren.

If Wren is a C corporation, Wren is the taxpayer. Its tax liability would be $63,000 ($300,000 x 21%). There would be no need to make any distributions to Tucker and Maribel since they are taxed only if they receive distributions from Wren.

90. a.

Kirby would include the $400,000 of lease income in his gross income. By deducting the lease payment, Falcon would reduce its taxable income to $100,000 ($500,000 – $400,000).

If the IRS determines that Falcon’s lease payments of $400,000 are not reasonable in amount, it will reclassify part of the lease payments as a dividend. Since dividends are not deductible by the corporation, the corporate taxable income increases by the amount of lease payments deemed unreasonable. Kirby’s gross income would not change. His lease income decreases and dividend income increases by the amount of the lease payments reclassified as a dividend. Note that Kirby’s dividend income would be eligible for the beneficial tax rate (15% or 20%).

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Chap_18_2023 91. a.

Anne has no recognized gain under § 721 and a carryover basis for her partnership interest of $90,000. The partnership has a carryover basis for Anne’s property of $90,000.

b. Amount realized Basis for property Recognized gain

$225,000 (90,000) $135,000

The precontribution appreciation of $130,000 ($220,000 – $90,000) is allocated to Anne. Of the $5,000 balance, $1,250 ($5,000 × 25%) is allocated to Anne and $3,750 ($5,000 × 75%) is allocated to the other partners. Thus, the total gain allocated to Anne is $131,250 ($130,000 + $1,250). c.

If the entity were an S corporation, the recognized gain would be allocated based on stock ownership. Thus, $33,750 ($135,000 × 25%) would be allocated to Anne and $101,250 ($135,000 × 75%) would be allocated to the other shareholders. The precontribution appreciation rule that applies to contributions made to partnerships does not apply to contributions made to S corporations.

92. a.

If the loans are classified as debt, Eagle would deduct interest expense of $12,000 ($400,000 × 3%). Albert and Elva would each include $6,000 ($200,000 × 3%) of interest income in gross income. The repayment of the $400,000 in one year hence by Eagle would be the repayment of a liability by Eagle and a nontaxable return of capital to Albert and Elva.

If the loans are reclassified as equity by the IRS, Eagle would treat the $12,000 annual payment as a nondeductible dividend. Albert and Elva would each include $6,000 of dividend income in gross income. The repayment of the $400,000 in one year by Eagle (assuming adequate E & P) would be treated as the payment of a nondeductible dividend. Albert and Elva would each include $200,000 of dividend income in gross income.

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Chap_18_2023 93. a.

Under § 351, no gain or loss is recognized at the time of the contribution of the assets to the S corporation. Since Sam and Trang satisfy the 80% control requirement, § 351 applies. Sam’s basis for his stock is $100,000, and Trang’s basis for her stock is $30,000 ($65,000 – $35,000), a carryover basis. The corporation’s basis for its assets is a carryover basis (i.e., $100,000 for the cash and $65,000 for the land and building).

Under § 721, no gain or loss is recognized at the time of the contribution of the assets to the partnership. Note that § 721, unlike § 351, does not have a control requirement. Sam’s basis for his partnership interest is $117,500 [$100,000 + (50% × $35,000)], and Trang’s basis for her partnership interest is $47,500 ($65,000 – $17,500), a carryover basis. The partnership’s basis for its assets is a carryover basis (i.e., $100,000 for the cash and $65,000 for the land and building). The tax consequences for Sam, Trang, and the C corporation are the same as in a. (i.e., § 351 applies to both C corporation and S corporations).

94. If the business operates as a C corporation, the $300,000 of projected losses will not benefit Sang-hoon on his individual tax return. Instead, the corporation will carry the losses forward to offset against future profits. Assuming profits of $200,000 in year 4 and thereafter, $160,000 of the net operating loss will be used in year 4 and the remaining $140,000 will be used in year 5. From a cash flow perspective, this will result in tax savings to the corporation in years 4 and 5 of $63,000.

Income before NOL carryforward NOL carryforward Taxable income Tax liability (21%)

Year 4 $200,000 (160,000) $40,000 $8,400

Year 5 $200,000 (140,000) $60,000 $12,600

For year 6 and thereafter, the annual tax liability will be $42,000 ($200,000 x 21%). If the S election is made, the $100,000 losses for each of the first three years can be passed through to Sang-hoon and deducted on his individual tax return. This will result in tax savings to him of $35,000 in each of tax years 1, 2, and 3. When the time value of money concept is considered, the benefit of the S election is even greater compared with C corporation status. At the end of year 3, Sang-hoon may want to terminate the S corporation election. If the election is maintained, Sang-hoon’s annual tax liability will be increased by $70,000 ($200,000 × 35%) in tax year 4 and each year thereafter for the S corporation earnings. If the election is terminated, the annual tax liability of the C corporation will be $42,000. This assumes that the after-tax earnings of the C corporation will be reinvested in the growth of the business rather than distributed to the shareholders as dividends. 95. Copyright Cengage Learning. Powered by Cognero.

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Chap_18_2023

Luis would prefer that the form of the transaction be a stock sale, to avoid double taxation. Amount realized ($350,000 – $15,000) Stock basis Recognized gain (LTCG)

$335,000 (225,000) $110,000

A LTCG of $110,000 on the sale of the stock will result in an increase of Luis’s tax liability of $16,500 ($110,000 LTCG × 15%). Liquidating Silver, Inc., (i.e., an asset sale) would result in the following recognized gain and the related classification at the corporate level.

Asset Cash Accounts receivable Inventory Machinery and equipment Land Goodwill ($335,000 - 315,000)

Gain –0– 25,000 5,000 20,000 90,000 20,000 $160,000

Classification OI LTCG $ –0– 25,000 5,000 20,000 $90,000* ______ 20,000 $50,000 $110,000

*If this is the only § 1231 transaction, the § 1231 gain is LTCG. The sale of Silver, Inc., assets will result in a corporate tax liability of $33,600 ($160,000 × 21%). In addition, when Silver distributes the available cash to Luis, his tax liability will be as follows. Amount realized ($350,000 – $15,000 – $33,600) Stock basis Recognized gain (LTCG)

$301,400 (225,000) $ 76,400

The LTCG of $76,400 to Luis produces a tax liability of $11,460 ($76,400 LTCG × 15%). Thus, the combined tax liability associated with the liquidation of Silver is $45,060 ($33,600 + $11,460). b.

Marilyn would prefer to purchase the assets so she can step up the basis of each asset to the purchase price (i.e., FMV) of $335,000. With a stock purchase, the assets of the corporation will have a carryover basis of $175,000.

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Chap_18_2023 96. a.

Taxable income before salary

$700,000

Salary

(400,000)

(100,000)

Taxable income

$300,000

$600,000

Tax liability (21% rate)

$63,000

$126,000

The salary is included in the gross income of the recipient. Therefore, for the $400,000 salary, the president’s tax liability will increase by $128,000 ($400,000 × 32%), whereas for the $100,000 salary, their tax liability will increase by $32,000 ($100,000 × 32%). Even though the president’s tax liability increase (32% rate) in either case is greater than the corporation’s tax savings (21%) rate, the salary provides a way to get funds out of the corporation to shareholder/employees with the corporation deducting the salary. A payment to the president in the form of a dividend would not be deductible by the corporation and would still be included in their gross income. Qualified dividends are taxed to noncorporate shareholders at a beneficial 15% or 20% rate.

If the IRS should classify part of the president’s salary as unreasonable compensation, the president would have dividend income rather than salary income. While the president’s taxable income would not change as a result of this, their tax liability would decrease (i.e., dividend income is taxed at a 15% or 20% rate whereas salary income is taxed at a 32% rate). However, the corporation would not receive a deduction of the amount classified as a dividend. Thus, the corporate tax liability would increase.

97. Selling the stock will result in single taxation at the beneficial capital gain rate. Selling the assets will result in double taxation with only Wang’s recognized gain qualifying for the beneficial capital gain rate. Therefore, Wang should sell his stock. 98. Transferring funds to the shareholders that are deductible to the corporation include the following: ∙

Salary payments to shareholder-employees.

∙

Lease rental payments to shareholder-lessors.

∙

Interest payments to shareholder-creditors.

To be deductible, the amounts must be reasonable and legitimate (for example, for interest payments, there must be a valid note between the parties calling for an appropriate interest rate and regular payments). Copyright Cengage Learning. Powered by Cognero.

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Chap_18_2023 99. An owner of a C corporation is least likely to have a wherewithal to pay problem. The shareholder is not taxed on their distributive share of entity earnings. Instead, the shareholder would be taxed only on wages (if an employee), dividends, or other payments, such as for rent or interest income. In each situation, assuming the transfer is in cash, the owner has funds to pay any tax on the income. A sole proprietor may have a minor wherewithal to pay issue. A sole proprietor is taxed on the net earnings of the business. If the business uses the accrual method of accounting and there are significant accounts receivable, it is possible that funds are insufficient for the owner to pay taxes. A partner must pay tax on their distributive share of partnership income even if none of the earnings or capital is distributed to the owner. This can present a severe wherewithal to pay problem for them. An S corporation shareholder also must pay tax on their distributive share of corporate income. If the distribution is less than the tax on these earnings, the owner has a wherewithal to pay problem. However, unlike a partnership, the S corporation owner who also works for the entity is an employee and is to be paid reasonable wages. These wages also decrease the owner’s distributive share of income. The receipt of wages allows the shareholder to pay tax on such income. 100. a.

QBI deduction is $30,000 ($150,000 x 20%). This deduction is not allowed in computing self-employment tax.

b. $147,000 x 15.3% = $3,000 x 2.9% = Total self-employment tax

$22,491 87 $22,578

c. Alejandro may deduct one-half of his self-employment tax ($11,289). This amount was already subtracted to derive his sole proprietorship earnings of $150,000. d. Both Alejandro and the C corporation (employer) would pay half of the $22,578 as payroll taxes. Neither Alejandro or the C corporation would be allowed to claim the qualified business income deduction. 101. a.

For a partnership, the precontribution gain of $15,000 ($100,000 – $85,000) must be allocated to Jiang. Thus, her share of the recognized gain of $35,000 ($120,000 – $85,000) on the sale of the land by the partnership is $31,000 [$15,000 + ($20,000 × 80%)].

None of the $35,000 gain is allocated to the shareholders. All of the gain is taxed to the corporation.

The $35,000 gain is passed through to the shareholders of the S corporation based on the stock ownership. Thus, $28,000 ($35,000 × 80%) is allocated to Jiang. The precontribution appreciation rule that applies to contributions made to partnerships does not apply to contributions made to S corporations.

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Chap_18_2023 102. a.

Gain of $25,000 [$75,000 (fair market value) – $50,000 (adjusted basis)] is recognized by the corporation under § 311(b) on the distribution of the land. Since the corporation apparently has substantial earnings and profits, Chun recognizes dividend income of $75,000.

Gain of $25,000 [$75,000 (fair market value) – $50,000 (adjusted basis)] is recognized by the S corporation under § 311(b) on the distribution of the land. This gain is passed through to the shareholders to report on their tax returns and increases their stock basis. Assuming that Chun’s stock basis is at least $75,000, he incurs no additional recognized gain due to the distribution and reduces his stock basis by $75,000. If his stock basis is less than $75,000, he reduces his stock basis to zero, and the excess of the distribution over the stock basis is capital gain.

The distribution of the land does not result in recognition of gain to the partner or partnership. If Chun’s basis in his partnership interest is at least $50,000, he reduces the basis by $50,000 and assigns a $50,000 basis to the land. If his basis for his partnership interest is less than $50,000, he reduces the basis to zero and assigns the amount of the partnership interest basis before the distribution to the land (e.g., if his partnership interest basis was $42,000, then his basis for the land is $42,000).

If the fair market value of the corporate assets does not exceed the adjusted basis of the corporate assets, a stock purchase is preferable. The adjusted basis of the corporate assets will remain unchanged.

If the fair market value of the corporate assets exceeds the adjusted basis of the corporate assets, an asset purchase from Red is preferable. Then Ralph could contribute the assets to a corporation under § 351. The adjusted basis of the corporate assets will equal the amount Ralph paid for them (i.e., FMV).

103.

104. The sole proprietorship, partnership (both general and limited), and S corporation are subject to single taxation (i.e., the owners rather than the entity are subject to Federal income tax). The C corporation is subject to double taxation (i.e., the entity is subject to Federal income tax on its profits and the owners are taxed on distributions (dividends) received from the corporation). The LLC could be subject to either single taxation or double taxation depending on what election is made under the check-the-box Regulations (i.e., normally single taxation since the partnership form usually is selected).

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Chap_18_2023 105. Ori should consider the following factors. ∙ ∙

∙

Are all the shareholders willing to consent to the S election? Can the qualification requirements for an S election be satisfied at the time of the election? Since the S qualification requirements become maintenance requirements, can these requirements continue to be satisfied? For what period will the conditions that make the S election beneficial continue to prevail? Will the corporate distribution policy create wherewithal to pay problems at the shareholder level?

An analysis of Ori’s situation indicates that none of these factors should deter him from electing S status for his corporation. A factor normally considered that is not present for Ori is the existence of NOLs for the C corporation. An S corporation generally cannot offset C corporation NOLs against S corporation profits.

106. a.

Since the business entity is a sole proprietorship, transactions between Mai and the entity are not taxable. The sole proprietorship has a carryover basis for the assets received from her (i.e., cash = $100,000, land = $60,000).

Contributions by a partner to a partnership are not subject to taxation under § 721. Mai’s basis for her ownership interest is a carryover basis of $160,000 under § 722. The partnership’s basis for the assets is a carryover basis (i.e., cash = $100,000, land and building = $60,000) under § 723.

The answer is the same as that in b., for a general partnership.

If Mai and any other shareholders involved in the transaction satisfy the § 368(c) control requirement (i.e., 80%), § 351 provides that realized gain is not recognized. In this case, Mai’s basis for her stock is a carryover basis of $160,000. The C corporation’s basis for the assets is a carryover basis (i.e., cash = $100,000, land and building = $60,000). However, if the control requirement is not satisfied, then Mai’s realized gain of $35,000 is recognized. In this case, Mai’s basis for her stock is the fair market value of the assets of $195,000 contributed. The C corporation’s basis for the assets also is the fair market value (i.e., cash = $100,000, land and building = $95,000).

The tax consequences for the S corporation are the same as those for the C corporation in d..

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Chap_18_2023 107. With respect to special allocations, an S corporation is treated more like a C corporation than a partnership. For example, the § 704(c)(1) allocations of built-in gain or loss are mandatory for partnerships. Such a special allocation is not permitted for an S corporation under the per share/per day rule. 108. The form of the sale does not matter to Ling for Federal income tax purposes. The sales transaction will be treated as the sale of the individual assets. Thus, ordinary and capital gain or loss will result depending on the nature of the asset sold. 109. The AMT applies directly to a sole proprietorship. The AMT applies indirectly to the other four passthrough entities in that the AMT attributes flow through to the individual’s tax return where the AMT is imposed. C corporations are not subject to AMT. 110. The shareholder can lease the assets to the corporation. Assuming such rental payments are deductible (because there is a business purpose for the rental payments and the amounts are reasonable), the corporate taxable income is reduced and the corporation gets cash out of the corporation to the shareholder. Although the shareholder must include the rental income in gross income, single taxation is achieved. 111. No. Regardless of the legal form of the purchase transaction, the basis of the individual assets will be assigned a cost (same as fair market value) basis. If the purchase price exceeds the FMV of the assets, such excess is assigned to goodwill. 112. a.

Above all, the investment should make economic sense. Among the nontax factors, Lisa should consider the following: ∙

What has caused the decline in the average earnings rate for the 10-year average of 12% to the 5-year average of 9%?

∙

What is the projected earnings rate for the future?

∙

To what extent do the limited partners participate in profits and losses?

∙

Why does the limited partnership need additional owner financing?

∙

Are there any contingent liabilities that could affect the limited partner’s ability to recoup their investment?

∙

What distributions, if any, can limited partners expect?

∙

What other investment options does Lisa have?

If the partnership generates losses, the maximum amount Lisa will be able to deduct on her individual income tax return is her investment of $60,000. From a cash flow perspective, this could generate tax savings of $14,400 ($60,000 × 24%). A related issue that needs to be addressed by Lisa is the risk that she will not recover her investment.

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Chap_18_2023 113.

The corporate tax liability on taxable income of $450,000 is $94,500 ($450,000 × 21%) for the C corporation. Since the tax liability on the $450,000 is assessed at the corporate level, there is no need to a. make a dividend distribution to Mabel and Alan to cover their share of entity-level taxes. They will each receive a salary of $175,000. The tax liability is assessed at the shareholder level rather than at the corporate level for the S corporation. Mabel and Alan each incur a Federal income tax liability of $72,000 ($225,000 × 32%) associated with their respective shares of the corporate taxable income of $450,000. Therefore, the corporation will need to distribute b. $72,000 each to Mabel and Alan to cover the Federal income tax liability. The parties can agree to reduce this amount, if desired, by factoring in the potential qualified business income deduction they claim. They also receive their salary of $175,000 each. c. The combined entity/owner tax liability in part a. is: Shareholders on distribution

$ 94,500 –0–

Shareholders on salaries ($350,000 × 32%)

112,000

C corporation

Combined tax liability

$206,500

The combined entity/owner tax liability in part b. is: S corporation Shareholders taxed on S corporation earnings

$ –0–

($450,000 × 32%) Shareholders on salaries ($350,000 × 32%)

144,000 112,000 $256,000

Combined tax liability

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Chap_18_2023 114. a.

If the entity is a C corporation, Dudley’s stock basis remains at $100,000. The profits are taxed at the C corporation level. Since the $50,000 distribution is a dividend (i.e., current E & P is $90,000), this transaction does not affect Dudley’s stock basis.

b. If the entity is a general partnership, Dudley’s basis for his ownership interest is affected by both the profits and by the distribution. Beginning basis Plus: Share of profits ($90,000 × 20%) Less: Distribution received ($50,000 × 20%) Ending basis

$100,000 18,000 (10,000) $108,000

c. If the entity is an S corporation, Dudley’s stock basis is affected by both the profits and the distribution. Beginning stock basis Plus: share of profits ($90,000 × 20%) Less: Distribution received ($50,000 × 20%) Ending basis

$100,000 18,000 (10,000) $108,000

115. Techniques that can be used to avoid and/or reduce double taxation include: ∙ ∙

Transferring funds to the shareholders that are deductible to the corporation. (such as interest expense on a bona fide loan from the shareholder) Not making distributions to the shareholders.

∙

Making distributions that qualify for return of capital treatment.

∙

Making the S corporation election.

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