Book 4 page 1-60 Flashcards

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1
Q

this doctrine stipulates that a transaction will not be effective for income tax purposes unless it is intended to achieve a genuine business purpose other than tax avoidance

A

business purpose doctrine

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2
Q

prohibits an individual to form an entity just to potentially receive favorable tax treatment ; requires actual business purpose to be present

A

business purpose doctrine

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3
Q

this doctrine allows the IRS to look through the legal formalities of a transaction to determine its actual economic substance

A

substance-over-form doctrine

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4
Q

give an example of when the substance-over-form doctrine becomes relevant

A

a corporate executive who is in need of income decides to have the corp lend her money from the business, the IRS could declare that this loan should be reclassified as salary

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5
Q

this doctrine states that the person who earns the income cannot assign the income to someone else just for tax purposes ; also known as the fruit and the tree doctrine

A

assignment-of-income doctrine

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6
Q

this doctrine converts otherwise nontaxable income into taxable income

A

tax benefit rule/doctrine

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7
Q

give an example of the tax benefit doctrine

A

a taxpayer is reimbursed in a subsequent year for medical expenses paid and deducted in a previous year

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8
Q

states that if there is no substantial limitation or restriction on a taxpayer’s right to bring the funds under personal control, the income will be taxed as if already received

A

constructive receipt doctrine

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9
Q

if a taxpayer sells stock after a dividend has been declared but before the record date, who will pay tax on the dividend?

A

the purchaser

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10
Q

taxable income that has not yet been received in cash

A

phantom income

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11
Q

true or false?
A client is in the 28% bracket. Because of this the client instructed the tenant of his rental property to make payments to his (the CFP client) daughter. The daughter is in the 15% bracket so the client wants the rental income to be taxed at lower rates. This is a valid strategy to use

A

false, this will be classified as assignment of income. Because the client owns the rental property he is the one that is required to recognize income

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12
Q

true or false?

income from partnerships is taxed at the partners’ own individual rates

A

true

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13
Q

what return must a partnership file?

A

Form 1065

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14
Q

which form indicates each partner’s share of the partnership income?

A

K-1

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15
Q

true or false?

income from a general partnership on the K-1 is usually self employment income

A

true

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16
Q

true or false?

income from a limited partnership is passive activity income for the limited partner

A

true

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17
Q

who pays the tax on a S corps income?

A

the shareholders

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18
Q

what form does a S corp file?

A

1120S

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19
Q

true or false?

each shareholder of a S corp will receive a K-1

A

true

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20
Q

true or false?

the income from the S corp is considered passive activity income

A

true

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21
Q

income generated by assets of an estate that is distributed from the estate to the beneficiaries

A

income in respect of a decedent (IRD)

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22
Q

true or false?

IRD income is usually not taxable

A

false, it is taxable

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23
Q

when the taxpayer obtains possession of the income but is not legally entitled to the receipt of the income because the taxpayer is required to turn over the income to its rightful owner

A

Conduit for others

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24
Q

true or false?

gift loans may only occur between individuals

A

true

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25
Q

On January 1, Richie loaned his daughter, Beth, $90k to purchase a new home. There were no other loans outstanding between the two. Beth’s only income was $30k salary and $4k interest income. Richie had investment income of $200k. Richie did not charge Beth interest. The relevant federal rate was 9%. How much imputed interest must Richie recognize and how much imputed interest expense must Beth recognize?

A

$4,000

the $100k exemption applies and thus Richie’s imputed interest income and Beth’s imputed interest expense is limited to Beth’s net investment income.

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26
Q

employee achievement awards of less than $_____ per year and based on length of service are excluded from an employee’s gross income

A

$400

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27
Q

true or false?

cash and the FMV of prizes and awards are included in gross income

A

true

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28
Q

true or false?
if an annuitant dies before life expectancy and has not completely recovered the basis, the un-recovered basis is deductible on the annuitant’s final income tax return as a miscellaneous itemized deduction not subject to the 2% of AGI floor

A

true

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29
Q

true or false?

annuity payments beyond projected life expectancy are fully taxable if the annuity was issued after 1986

A

true

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30
Q

Wendy a 55 year old taxpayer has begun receiving an annuity over her life expectancy of 25.5 years. She receives $1,500 per month. Her contributions to the annuity were after tax and amounted to $91,800. Payments began April 1 of this year. How much of the payments can she exclude this year?

A

$2,700

($1,500 x 9) = $13,500
exclusion ratio = $91,800 / $459,000 = 20%

$13,500 x 20% = $2,700

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31
Q

employees can exclude premiums paid by their employers on the first $_____ of group term life coverage

A

$50k

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32
Q

Tom is 51 years old and works for Employer A. Tom’s life insurance coverage with employer A is $80,000. Tom pays a premium of $50 per year for the coverage, how much should Tom include in his gross income?

A

$32.80

excess coverage = $30,000
excess coverage / $1,000 = 30
30 x .23 cents = $6.90 (.23 cents comes from a table)
$6.90 x 12 = $82.80
$82.80 - $50 = $32.80
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33
Q

includes AGI from all sources plus 50% of SSI benefits, foreign income previously excluded, and any tax exempt interest income

A

provisional income

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34
Q

FICA is made up of ____ and ____

A

OASDI and HI

social security and medicare

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35
Q

what is the tax rate for OASDI? Is it for employers or employees?

A

it is 6.2% and it is for both

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36
Q

at what point does OASDI stop getting applied to your wages?

A

$127,200 for 2017

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37
Q

true or false?

the medicare tax has no ceiling for taxable earnings

A

true

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38
Q

what is the HI (medicare tax) rate? Is it for employers or employees?

A

1.45% and its for both

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39
Q

what is the medicare tax rate for self employed individuals?

A

2.9%

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40
Q

self employment tax rates are ____%

A

15.3%

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41
Q

when calculating self employment tax, the taxpayer reduces net earnings by _____%

A

7.65%

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42
Q

the additional medicare tax of ____% also applies to self employed individuals who have a combined income greater than $_____ if single and $_______ if MFJ

A

.9% ; $200k ; $250k

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43
Q

true or false?
amounts paid by an employer upon an employee’s death to the employee’s beneficiaries are fully includable in the beneficiaries income

A

true

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44
Q

true or false?

a death benefit from an employer is taxable income to the beneficiaries

A

true

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45
Q

true or false?

social security benefits are taxable to the parent if the child is receiving the benefits

A

false

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46
Q

true or false?
if you choose an annuity payout option after winning the lottery you are not required to recognize income right away assuming there is no qualified prize option

A

false

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47
Q

allows you to declare annuity payments as income in the year they are received from winning a prize rather than immediately

A

qualified prize option

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48
Q

act that allows payments from a personal injury lawsuit to be paid out periodically most often in an annuity form for the remainder of the injured party’s life

A

Periodic Payment Settlement Act

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49
Q

damages arising out of the personal injury lawsuit considered to only make the injured party whole

A

compensatory damages

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50
Q

true or false?

compensatory damages are taxable to the injured party

A

false, they are tax free

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51
Q

true or false?

damages received in age, sex, or racial cases are generally taxable

A

true

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52
Q

damages arising out of a personal injury intended to punish the offender for their acts

A

punitive damages

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53
Q

are punitive damages taxable?

A

yes, generally

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54
Q

when does scholarship money in excess of the qualified education expenses have to be realized on a tax return?

A

not until all expenses are paid, could be more than one year after receipt of scholarship

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55
Q

true or false?

you can exclude scholarship money that is used for room and board from your tax return

A

false

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56
Q

true or false?

you can exclude scholarship money that is used for books from your tax return

A

true

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57
Q

true or false?
if you choose to receive installment payments as a death benefit option to a life insurance policy, you must pay tax on the interest that you receive each year

A

true

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58
Q

when do dividends received from a life insurance policy become taxable?

A

when the aggregate of the dividends exceeds your basis in the contract

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59
Q

can businesses deduct life insurance premiums for their employees or officers if the business is listed as a beneficiary under the policy?

A

no

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60
Q

true or false?

if you are terminally ill you can use a viatical agreement and receive some of your death benefit tax free while living

A

true

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61
Q

true or false?
if you are chronically ill you can use a viatical agreement and receive your death benefit tax free regardless of what you use the proceeds for

A

false, proceeds must be used for LTC and any that are not are subject to taxation

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62
Q

Jack surrendered to the insurer a whole life insurance policy with a cash value of $80k (there was no policy loans or distributions prior to the surrender). Jack made $70k in aggregate premium payments. The original cost of the insurance was $11k. How much will Jack include as ordinary income on his tax return?

A

$10k

(80 - 70)

the cost of insurance does not affect this

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63
Q

Jack sold his whole life insurance policy to Martin. Martin is unrelated to Jack and will not suffer an economic lost upon Jack’s death. Jack sold the policy for $95k and the policy had a $80k cash surrender value at the time. Jack had paid $70k in aggregate premium payments. The cost of insurance was $11k. what is the total gain and what is the long term capital gain that Jack must realize?

A

total gain = $95k - $70k - $11k = $36k

long term cap gain = $36k - ($80k - $70k) = $26k

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64
Q

true or false?
if selling a term life insurance policy all the gain is considered capital gain instead of some of it being ordinary income

A

true

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65
Q

a contract where if the premiums paid during the first seven years of the contract exceed the total of the net level premiums that would have been paid if the policy provided for paid up benefits after the seventh year

A

modified endowment contract

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66
Q

do modified endowment contracts use LIFO or FIFO on their withdrawals and loans?

A

LIFO

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67
Q

is there any penalty and if so how much, on withdrawals or loans under MEC if under age 59.5?

A

10% penalty on any taxable portion

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68
Q

true or false?

the death benefit under a MEC is taxable

A

false

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69
Q

true or false?

health insurance premiums paid by the employer are deductible for the employer but taxable to the employee

A

false, they are deductible and excludable

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70
Q

true or false?

disability premiums paid by the employer are deductible for the employer and tax excludable for the employee

A

true

71
Q

true or false?
if the employer pays the disability premiums for the employee and then the employee collects disability benefits, the benefits will not be taxable

A

false, the benefits are taxable to the employee

72
Q

true or false?

contributions made by an employer to a medical savings account or health savings account are not taxable to the employee

A

true

73
Q

how much of child and dependent care services paid by the employer can an employee exclude from income?

A

$5,000

74
Q

true or false?
the value of a health facility or gymnasium provided by the employer on the premises solely for the use of employees and the employee’s dependents is excluded from the employee’s gross income

A

true

75
Q

true or false?

employer paid health club dues (public gyms or health facility) for an employee are taxable

A

true

76
Q

how much of qualified educational assistance provided by an employer can an employee exclude from income?

A

$5,250

77
Q

does the qualified educational assistance provided by an employer cover undergrad, grad, or both?

A

both

78
Q

when can an employee exclude from income an employee discount?

A

when the property is not real property or investment property
the property or services are offered in the same line of business in which the employee works

79
Q

the benefits are so small that account for them is impractical

A

de minimis fringes

80
Q

when an employer offers goods or services to an employee at a discount and they can be excluded from income

A

qualified employee discounts

81
Q

when an employer provides property or services to an employee that an employee could have deducted had they paid for the expense themselves

A

working condition fringes

82
Q

true or false?

personal use of an employer-provided car is usually a taxable fringe benefit

A

true

83
Q

qualified employee discounts for services can be excluded but the exclusion is limited to ____% of the customer’s cost

A

20%

84
Q

adoption assistance can be excluded up to $_____ for 2017 per child with an AGI phaseout of $____ to $____

A

$13,570 ; $203,540 - $243,540

85
Q

noncorporate investors can exclude ____% of the gain they realize on qualified small business stock. Any remaining gain is taxed at the ____% cap gains rate

A

50% ; 28%

86
Q

section 1202 stock must be held for ____ years to qualify for the exclusion

A

5

87
Q

if 1202 stock was required after 9/27/2010 then ____% of the gain is excluded from a noncorporate taxpayer’s income

A

100

88
Q

true or false?

generally if a lender forgives a borrower’s debt. the borrower does not report the forgiven debt as income

A

false, they do report the forgiven debt as income

89
Q

how much of foreign income can a taxpayer exclude from US gross income for 2017? Are there any requirements to meet this exclusion, if so what are they?

A

$102,100

yes, must be a bona fide resident of the foreign country or be present in a foreign country for at least 330 days during and 12 consecutive months

90
Q

how much can you contribute to a Coverdell Education Savings Account per beneficiary?

A

$2,000

91
Q

true or false?
distributions from Coverdell Education Savings Account are excluded from income if used for room and board and the student attends less than half time

A

false, must be half time

92
Q

when must the funds in a Coverdell Education Savings Account be distributed by?

A

age 30

93
Q

what if the funds in a Coverdell Education Savings Account aren’t distributed by the required date?

A

they must be distributed and the accumulated earnings are taxable and they are subject to a 10% penalty

94
Q

are unreimbursed business expenses deductible as above the line deductions or below the line (itemized) deductions?

A

itemized

95
Q

can self employed individuals deduct self employment tax paid for OASDI and Medicare?

A

yes

96
Q

Paul has net Schedule C income of $40k. what is his self employment tax and deductible portion of self employment tax?

A

self employment tax = ($40k x (100%-7.65%) x 15.3% =$5,651.82
deductible portion = ($40k x (100%-7.65%) x (6.2% + 1.45%) = $2,825.91

97
Q

true or false?

alimony paid to an ex spouse is an itemized deduction for the person who is paying the alimony

A

false, it is an above the line deduction for the person who is paying the alimony

98
Q

the distance between the new job and the old residence must be at least _____ miles greater than the old job and the old residence

A

50 miles

99
Q

to qualify for the moving expense deduction you must work ______ weeks out of the next _______ weeks

A

39 ; 52

100
Q

to qualify for the moving expense deduction and are self employed you must work _______ weeks out of the next ________ weeks

A

78 ; 104

101
Q

are qualified unreimbursed moving expenditures treated as above the line deductions or itemized deductions?

A

above the line

102
Q

true or false?

any forfeited interest on withdrawals from a CD is deductible for AGI

A

true

103
Q

true or false?
if a person dies with a capital loss carry forward on their last tax return the beneficiaries can continue to use the loss carry forward in following years

A

false, they capital loss carry forward goes away

104
Q

distributions under an Archer Medical Savings Account
and a HSA that are not used for medical expenses are subject to tax and a _____% penalty unless made after age ____ or upon ____ or ________

A

20% ; 65 ; death ; disability

105
Q

is student loan interest an above the line or an itemized deduction?

A

above the line

106
Q

true or false?
the taxpayer claiming a student loan interest deduction can claim the deduction even if someone else claims them as a dependent

A

false, they cannot be claimed a dependent

107
Q

what is the maximum student loan interest deduction allowed?

A

$2,500

108
Q

charitable gifts are limited to _____% of AGI and are itemized deductions

A

50%

109
Q

medical expenses that exceed ____% of AGI are deductible

A

10%

110
Q

casualty losses must exceed _____% of AGI to be deductible

A

10%

111
Q

miscellaneous itemized deductions such as unreimbursed job expenses must exceed _____% of AGI to be deductible

A

2%

112
Q

true or false?

a corporation can only use capital losses as an offset against capital gains

A

true

113
Q

a corporations capital losses may be carried forward for ____ years or carried back to each of the preceding ____ tax years

A

5 years ; 3 tax years

114
Q

true or false?

alimony received is included in gross income

A

true

115
Q

if there is more than a $____ decrease in alimony payments between any of the first _______ years, there may be alimony recapture

A

$15,000 ; 3

116
Q

in order for a property transfer as a result of a divorce to have no tax consequences, the transfer must be made within _____ year(s) after the marriage ceases

A

1 year

117
Q

true or false?

child support is taxable to the receiver

A

false

118
Q

true or false?

child support is tax deductible to the payor

A

false

119
Q

who does the Kiddie tax apply to?

A

any child who has not attained age 19 by end of tax year or a full time student who has not attained age 24 by end of tax year

120
Q

Ann is age 14 and earned $5,600 from babysitting in 2017. She also had interest of $2,200 from her savings account. What is Ann’s net unearned income and how much of her income will be taxed at her parent’s marginal rate and her own rate?

A

net unearned income = $100
taxed at parent’s rate = $100
taxed at her own rate = $1,750

$1,750 = gross income of $7,800 - earned income plus $350 of $5,950 - income taxed at parent’s rate of $100

121
Q

allows deductions for expenses incurred in a trade or business

A

section 162

122
Q

allows deductions for expenses incurred in connection with investment activities

A

section 212

123
Q

true or false?

most expenses incurred in a trade or business are below the line (itemized) deductions

A

false, they are above the line

124
Q

true or false?

investment expenses are itemized (below the line) deductions

A

true

125
Q

deductions from AGI are also known as _______ deductions

A

itemized

126
Q

deducions for AGI are also known as ____ deductions

A

above the line

127
Q

deductions from AGI (itemized) are reported on schedule ____

A

A

128
Q

True or false?
if a distribution from a C corp is classified as a dividend the distribution will be double taxed. Once by the corporation as earnings and once as a dividend to shareholders

A

true

129
Q

a distribution to a shareholder is generally treated as a tax-free return in regards to S-corps

A

true

130
Q

a(n) ____ taxpayer generally receives a deduction when the expense has been paid

A

cash basis

131
Q

a(n) ____ taxpayer generally receives a deduction when the expense is incurred

A

accrual basis

132
Q

which items are deductible for Fred if he pays them for his son?

principal payment on automobile
payment of interest on loan
payment for medical expenses
payment for son’s property taxes

A

medical expenses only

133
Q

if income is tax exempt, can the tax payer deduct expenses and interest related to that income?

A

no

134
Q

if a taxpayer investigates a business that is a new line of business and acquires the business, up to $_____ of expenses can be deducted immediately

Any expenses over $50,000 reduce the $5,000 deduction by what amount?

A

$5,000

dollar for dollar

135
Q

true or false?
if a taxpayer investigates a business that is similar to the one he is already in, the expenses are deductible whether or not he acquires the business

A

true

136
Q

true or false?
if a taxpayer investigates a business that is not already similar to the business he is in, the expenses are deductible whether or not he acquires the business

A

false, they are not deductible if he does not acquire the business that is not similar to his already existing business

137
Q

when can a taxpayer deduct his expenses related to investigating a similar business regardless if he acquires it or not?

A

the expenses are currently deductible

138
Q

true or false?

if an activity is deemed to be a hobby, then losses incurred are always fully deductible

A

false, they may not be fully deductible

139
Q

hobby expenses are reported as ____ deductions

A

itemized

140
Q

which type of itemized deduction do hobby expenses fall under?

A

miscellaneous

141
Q

hobby income is reduced by ____ and ____ first then by ____ and then by_______

A

taxes and interest
other non capital related expenses
expenses that affect basis

142
Q

Assume Sara earns $3,000 from a hobby of selling antique furniture and incurs the following expenses:
cost of goods sold = $2,000
Supplies = $1,200
interest on loan to get business started = $800
advertising = $750

If Sara is unable to itemize her deductions how much of the hobby income should be included in her gross income for tax purposes?

A

all $3,000 should be included

143
Q

if you rent out property for less than _____ days then you can exclude the income from your gross income, this is known as ____

A

15 ; primarily personal use

144
Q

if you rent out a property for less than 15 day, what expenses are deductible?

A

mortgage interest
taxes
casualty losses

145
Q

if the rental property is rented at least ____ days per year and is not used for personal use more than the greater of ____ days per year or ____% of rental days, then the property is classified as ___________

A

15 ; 14 ; 10 ; primarily rental use

146
Q

if a property is classified as a primary rental property then you can deduct losses up to $____ with an AGI between $____ and $_____

A

$25k ; $100k ; $150k

147
Q

if the rental property is rented at least _____ days per year and is used for personal use for more than the greater of ____ days or ____^ of rental days, this is known as ____

A

15 ; 14 ; 10 ; mixed use

148
Q

if property is classified as mixed use, can you deduct losses in the current tax year?

A

no, they can be carry forward though

149
Q

true or false?

legal fees incurred for personal purposes are nondeductible

A

true

150
Q

are legal fees in connection with trade or business or for the production of rents and royalties tax deductible?

A

yes

151
Q

true or false?

legal fees in connection with trade or business or for the production of rents and royalties are an itemized deduction

A

false, they are an above the line deduction

152
Q

what happens to legal fees that are incurred when acquiring a new asset?

A

the legal fees get added to the basis of the asset

153
Q

section 1244 losses are limited to ____ for single filers and ______ for joint filers

A

$50,000 ; $100,000

154
Q

net operating losses may be carried back ___ years preceding the loss year and carried forward ____ years following the loss year

A

2 ; 20

155
Q

true or false?

the election to forego net operating loss carry back is irrevocable

A

true

156
Q

why would a taxpayer select to forego the option of net operating loss carry back?

A

taxpayer expects to be in a higher tax bracket moving forward than previous years

157
Q

true or false?

the oldest net operating loss must be used before using any of the more recent net operating losses

A

true

158
Q

what type of deduction, above the line or itemized, do unreimbursed transportation expenses while on company business get classified as?

A

they are itemized deductions

miscellaneous subject to 2% AGI floor

159
Q

uses a fixed dollar amount of money per business mile plus tolls and parking

A

automatic mileage method

160
Q

uses depreciation, gas, licenses, maintenance, and insurance costs to determine the amount of deduction you can receive for unreimbursed transportation expenses

A

actual operating cost method

161
Q

a taxpayer’s main location of work

A

tax home

162
Q

meals while traveling are subject to a ___% limit on the deduction

A

50%

163
Q

true or false?

unreimbursed travel expenses are an itemized deduction

A

true

164
Q

Allison took a trip from Alabama to England. She was away from home for 10 days. She spent two days vacationing and eight days on business (including two travel days). Her expenses are as follows:
Airfare = $1,200
Lodging = $1,500
Meals = $900

how much is Allison allowed to deduct?

A

$1,200 + ($150 x 8) + ($90 x 8 x 50%) = $2,760

165
Q

what are the general requirements for you to be able to deduct education expenses (not your child’s but your own)?

A
  1. to maintain or improve existing skills in the present job

2. To meet legally imposed or employer requirements to retain current job, such as continuing education requirements

166
Q

true or false?

taking education classes to meet the minimum requirements of your present job is a deductible expense

A

false

167
Q

true or false?

taking education classes to meet requirements for a new job is a deductible expense

A

false

168
Q
Dawn who holds a bachelor's degree in art history, is a middle school teacher in New Orleans. She wants to further her education in art history, believing this will allow her to become a better teacher. Dawn spent her summer break attending the University of Hawaii taking art history classes. Her expenses are as follows:
books and tuition = $2,000
Meals = $1,000
Lodging = $700
Laundry while in travel status = $200
Transportation = $700
Total = $4,600

What is Dawn’s education expense deduction?

A

$4,100

she can only deduct 50% of meals but 100% of everything else

169
Q

true or false?

books are allowable education expenditures that can be deducted for a taxpayer

A

true

170
Q

true or false?

tuition expenses are deductible for a taxpayer trying to improve their job skills

A

true

171
Q

true or false?
transportation, lodging, and laundry while in travel status are deductible for a taxpayer trying to improve their job skills

A

true

172
Q

business gifts are limited to $___ per donee per year

A

$25

173
Q
Kay entertains one of her clients and incurs the following expenses:
Taxi = $30
Door Cover Fee = $25
Dinner = $128
Tips to server = $25
Total = $208

how much is Kay’s allowable deduction?

A

$119

$30 + 50% ($25 + $128 + $25)

174
Q

Elizabeth made the following gifts during the current year:
To Candace, a key client ($4 of amount listed is for gift wrapping) = $104
To secretary = $24
To boss = $28

how much of these gifts are deductible to Elizabeth?

A

$53

$25 limit per donee and gifts to superiors do no count
(the $4 wrapping fee can be deducted according to IRS rules)