#1 Flashcards

1
Q

How are casualty losses calculated?

A

Adjusted basis - Insurance Proceeds - 10%AGI - $100

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2
Q

What is the limit on charitable contributions for cash?

A

60% of AGI for public and private operating foundation.

30% for private non-operating foundations.

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3
Q

Are scholarship proceeds included in gross income?

A

Scholarships are nontaxable for degree-seeking students to the extent that the proceeds are spent on tuition, fees, books, and supplies.

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4
Q

How is self-employment tax used when calculating net earnings from self-employment?

A

Self-employment tax and self-employment health insurance expenses are adjustments from total gross income. They are not deducted from self-employment earnings.

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5
Q

What is the limit for deduction on interest on investment idebtedness?

A

Interest is limited to net investment income for the year.

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6
Q

What are always add backs on AMT?

A

Private activity bond interest income
Percentage depletion deduction (excess over adjusted basis of property)
Pre-1987 accelerated depreciation

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7
Q

When does a transfer pricing issue occur?

A

A transfer pricing issue occurs when a US based tax payer shares costs with an affiliate that is not subject to the US income tax or does not file a consolidated income tax return with the US based tax payer.

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8
Q

What is the amount realized by a partner selling their partnership interest?

A

Cash received plus liabilities assumed by the purchaser (liabilities that were owned by the partner prior to selling)

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9
Q

What are the rules for an organization to qualify as tax-exempt?

A
  1. Both organized and operated exclusively as religious, charitable, scientific, literary or educational purposes; public safety testing, prevention of cruelty to children or animals; or to foster national or international amateur sports competition.
  2. No part of its net earnings goes to any private S/H or individual
  3. No substantial part of its activities consists of carrying on propaganda or otherwise attempting to influence legislation. (direct participation in political campaign is prohibited.)
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10
Q

How is the generation-skipping transfer tax imposed?

A

Imposed in addition to any gift or estate tax that may result from a transfer.

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11
Q

Under common law, what is the liability on a CPA who commits fraud?

A

A CPA who commits fraud is liable to anyone who is injured by the fraud. Ie, anyone that suffered a loss as a result of the fraud.

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12
Q

Where is the deduction for QBI applied in the individual tax formula?

A

QBI deductions is taken from adjusted gross (below the line) But it is separate from the standard deduction and itemized deductions.

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13
Q

When should a cash basis tax payer report gross income?

A

For the year in which income is either received or constructively received whether in cash of property. (FMV)

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14
Q

What income sources are considered when determining if a company should be a personal holding company?

A

Net rent
Interest that is taxable (Nontaxable is excluded)
Royalties (but not mineral, oil, gas, or copyright royalties)
Dividends from an unrelated domestic corporation

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15
Q

What is the advance pricing agreement program? (IRS)

A

The APA is a binding contract between the IRS and the taxpayer by which the IRS agrees not to seek a transfer pricing adjustment for a covered transaction if the taxpayer files its return for a covered year consistent with the agreed transfer pricing method.

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16
Q

How does a corporation deduct foreign income tax paid?

A

Foreign income taxes paid by a domestic corporation may be claimed either as a deduction or as a credit, at the option of the corporation.

17
Q

What contractual duty does a principal owe to an agent?

A

A principal ALWAYS has a duty to indemnify the agent for expenses the agent has incurred on behalf of the principal.

18
Q

What doctrine under which a corporation is made liable for the torts of the corporation’s employee when the torts are committed within the scope of employment?

A

Respondeat superior

19
Q

What will a plaintiff need to prove in order to recover damages from an accountant under Section 10(b) Rule 10b-5?

A

The plaintiff must prove:
Reliance on the misstated financial statements
Material misstatement or omission in audited FS
Suffered a loss (damages)
Error was due to the reckless misconduct or intent to deceive (Scienter)