Chapter 5 Flashcards
treasury regulation on gross income definition
gross income realized in ANY FORM (money, services, property)
three conditions for when taxpayers should recognize gross income:
- they receive an economic benefit
- they realize the income
- no tax provision allows them to exclude or defer the income from gross income that year
realization principle
income is realized when 1. a taxpayer engages in a transaction with another party, and 2. the transaction results in a measurable change in property rights
form of receipt
how the income is received does not change the fact you received income
return of capital principle
taxpayers are allowed to recover the cost of their investment (tax basis) tax-free
returns of amounts previously deducted
a refund is usually not included in gross income because it usually represents a reduction in expense
under the tax benefit rule, a refund is taxable if it is:
given for an amount previously deducted
claim of right doctrine
income has been realized if a taxpayer receives income and there are no restrictions on the use of income
“common law” means:
- all income earned from one spouse is assigned to that spouse
- income from separately owned property is assigned to the owner
“community property” means:
- income earned from one spouse is treated as if both spouses earned it
- property acquired during marriage is owned equally by each spouse
earned income
generated through efforts of the taxpayer
- includes salary/wages, business income, and unemployment compensation
unearned income
income from property. taxed differently depending on circumstances
- includes gains/losses on sale of property, dividends/interests, rent/royalties, and annuities
annuity
investment that offers a stream of usually equal payments
annuity exclusion ratio formula:
original investment / expected return = return of capital %
the return of capital percent is the percent:
not taxed
fixed annuity
the expected return is known
life annuity
payments are made for the life of the annuitant
a taxpayer who lives longer than the expected life annuity will receive:
extra payments, all taxable
a taxpayer who dies before the expected life annuity, the amount of unrecovered investment is:
deducted on the taxpayer’s final income tax return
formula for gains/losses on property dispositions
sales proceeds
less: selling costs
= amount realized
less: tax basis
= total gain or loss
alimony
financial support to one spouse when couples legally separate or divorce
“C-corp” income is taxed to:
the corporation, NOT the shareholders
“S-corps” and partnerships are ________ entities
flow-through
- income and deductions “flow-through” to the owners
cost recovery in S-corps and partnerships
distributions reduce the owners basis in their ownership
5 tax law alimony requirements:
- transfer of cash
- made under a written court decree
- not designated as anything other than alimony
- taxpayers do not live together when payment is made
- payments stop at death of recipient
3 exceptions to prizes/gambling winnings being taxed:
- awards for scientific, literary, or charitable achievements
- employee awards for length of service (excluded up to $400 or $1600 of tangible property)
- prizes won by Team USA athletes