Chapter 5 In Class Notes

Question 1

Dub gave a customer list to jones. Jones company grew a lot because of it. Jones was so grateful so he gave dub a nice car. Dub looked at it as if it was a gift so it was not taxable. Jones recognized the car as a deduction because it was a business deduction. Can the car be considered a gift for dub.

Answer 1

No because that does not meat the definition of a gift. The case was taken to court and the car was considered as income for dub so it was taxable. A gift is given through love or affection or respect.

Question 2

Gift

Answer 2

something transferred from one person to another through love, affection, respect.

Question 3

If your parents give you a convertible after you graduate from medical school. Is this taxable for the graduate?

Answer 3

No because it was a gift (given through love and respect and affection.

Question 4

Is a gift deductible for the giver?

Answer 4

No

Question 5

Inheritances are tax free?

Answer 5

True

Question 6

An inheritance is tax free to the heir because

Answer 6

Some of that property has already been taxed by the person that gives the inheritance.

Question 7

Gifts are not taxable because?

Answer 7

It would be difficult to keep track off and the government doesn’t want to make revenue on people giving gifts to other family members.

Question 8

A death benefit is taxable?

Answer 8

False. When a wife dies the government doesn’t tax the husband for death benefits from insurance because that would just be a bad policy. The guy already is sad enough.

Question 9

accelerated death benefits

Answer 9

If you know your going to die in like 2 years and it’s said by 2 or more doctors you can get your death benefits and it is non taxable.

Question 10

You can receive a damage reward for

Answer 10

1. physical injury
2. loss of business Reputation
3. loss of wages
4. loss of your personal reputation
5. Punitive damages (treble damage)

Question 11

If you get a physical injury and you get a damage award is it always deductible?

Answer 11

Yes

Question 12

The damage award for treble damage awards is always income.

Answer 12

True because the Punitive ( treble) damage awards is to punish the wrong doer.

Question 13

Physical injury is always deductible because.

Answer 13

The purpose is to restore your capital (your human capital)

Question 14

The treble damage award is always income because.

Answer 14

The purpose is not to restore your capital, it is to punish the wrong doer

Question 15

The loss of business reputation and loss of wages and loss of personal reputation are taxable or deductible?

Answer 15

They are usually income. The only way they would be deductible is if you relate it to the physical injury, which is always excludable.

Question 16

What is workers compensation

Answer 16

When there’s an accident while working you can go to the state of utah and get workers compensation for injuries.

Question 17

meals and logding provided as a fringe benefit to the employee. Are they excludable.

Answer 17

Depends

Question 18

In order for the meals to meet the excludable they must meet two requirements.

Answer 18

1. Must be on the business premises

2. They must be for the convenience of the employer, not the employee.

Question 19

In order for lodging to meet the excludable they must meet 3 requirements.

Answer 19

1. must be on the business premises
2. They must be for the convenience of the employer, not the employee.
3. Required as a condition of employment

Question 20

Flexible spending plan

Answer 20

You make 3,000 a month and the employer has a flexible spending plan. Employee goes to employee and says only pay me 2700 a month and the other 300 goes to the employer in the health benefit plan. When you have noninsured medical expenses it’s better. Your not taxed on the 300. Your paying your medical expenses with non-taxed income.

Question 21

No additional cost service is only tax free if (example you let somebody get on the plane on a seat that wasn’t going to be used anyway)

Answer 21

it does not cost the provider anything.

Question 22

You as an employee can get up to a 20% discount on services you buy from employer without showing it as income?

Answer 22

true

Question 23

small things like free movie tickets, free jazz tickets are taxable.

Answer 23

false they are not

Question 24

Are stock dividings tax free?

Answer 24

Yes. There is no increase in net work. Stock dividends are where every one has 1 stock. then everyone has 2 stock. It must have been a stock split.

Question 25

Foreign Earned Income exclusion

Answer 25

If you live in a foreign country for 330 days out of 12 consecutive months, you get an exclusion of the foreign income = 95,100

Question 26

If you go to work in Great Britain for a year and you earn 100,000 in great britain how much is excludable.

Answer 26

95,100 for US tax purposes. You will also be taxed by Great Britain. 4900 is taxable in the US

Question 27

Determine the effect on gross income in each of the following cases:Nell received $10,000 for damages to her personal reputation. She also received $40,000 in punitive damages.

Answer 27

Both taxable

Question 28

Orange Corporation, an accrual basis taxpayer, received $50,000 from a lawsuit filed against its auditor who overcharged for services rendered in a previous year

Answer 28

Is taxable

Question 29

tax benefit rule

Answer 29

When you take an expenses for something in the previous year and your reimbursed for that in the later year it is taxable in the later year.

Question 30

Beth received $10,000 in compensatory damages and $30,000 in punitive damages in a lawsuit she filed against a tanning parlor for severe burns she received from using its tanning equipment.

Answer 30

It is taxable.

Question 31

Joanne received compensatory damages of $75,000 and punitive damages of $300,000 from a cosmetic surgeon who botched her nose job.

Answer 31

punitive damages are taxable and the compensation is non-taxable

Question 32

Does the taxpayer recognize gross income in the following situations? a. Ava is a filing clerk at a large insurance company. She is permitted to leave the premises for her lunch, but she always eats in the company’s cafeteria because doing so is much less expensive than purchasing a comparable meal at a nearby restaurant. On average, she pays $3 for a lunch that would cost $8 at a restaurant. However, if the prices in the cafeteria were not so low and the food was not so delicious, she would probably bring her lunch at a cost of $2 per day.

Answer 32

$5 would be taxed as income every time she eats there. Not excludable because it's not for the convenience of the employer. It's for the convenience of the employee. If it was for the convenience of the employer it would be excludable.

Question 33

Prize and Awards Rule.

Answer 33

Completely taxable

Question 34

Scott is a resident adviser (RA) in a college dormitory and is provided with lodging in the dormitory. He is not required to pay the $300 per month that a room costs other students. In addition, he is paid $100 per month.

Answer 34

300 is not taxed, but 100 is

Question 35

a. Sparrow Corporation would like you to review its employee fringe benefits program with regard to the tax consequences of the plan for the company’s president (Polly), who is also the majority shareholder. a. The company has a qualified retirement plan. The company pays the cost of employees attending a retirement planning seminar. The employee must be within 10 years of retirement, and the cost of the seminar is $1,500 per attendee.

Answer 35

excludable

Question 36

b. The company owns a parking garage that is used by customers, employees, and the general public. Only the general public is required to pay for parking. The charge to the general public for Polly’s parking for the year would have been $3,000 (a $250 monthly rate).

Answer 36

$10 a month is taxable.

Question 37

c. All employees are allowed to use the company’s fixed charge long-distance telephone services, as long as the privilege is not abused. Although no one has kept track of the actual calls, Polly’s use of the telephone had a value (what she would have paid on her personal telephone) of approximately $600.

Answer 37

It's not taxable to Polly because there's no cost for the employer for Polly to use this.

Question 38

d. The company owns a condominium at the beach, which it uses to entertain customers. Employees are allowed to use the facility without charge when the company has no scheduled events. Polly used the facility 10 days during the year. Her use had a rental value of $1,000

Answer 38

Excludable because it won't cost the employer anything

Question 39

e. The company is in the household moving business. Employees are allowed to ship goods without charge whenever there is excess space on a truck. Polly purchased a dining room suite for her daughter. Company trucks delivered the furniture to the daughter. Normal freight charges would have been $750.

Answer 39

excludable because no additional cost to employer

Question 40

f. The company has a storage facility for household goods. Officers are allowed a 20% discount on charges for storing their goods. All other employees are allowed a 10% discount. Polly’s discounts for the year totaled $900.

Answer 40

She's taxed on the whole 20% because it is discriminatory

Question 41

49. LO.2 George is a U.S. citizen who is employed by Hawk Enterprises, a global company. Beginning on June 1, 2012, George began working in London. He worked there until January 31, 2013, when he transferred to Paris. He worked in Paris the remainder of 2013. His salary for the first five months of 2012 was $100,000, and it was earned in the United States. His salary for the remainder of 2012 was $175,000, and it was earned in London. George’s 2013 salary from Hawk was $300,000, with part being earned in London and part being earned in Paris. What is George’s gross income in 2012 and 2013? (Assume that the 2013 indexed amount is the same as the 2012 indexed amount.)

Answer 41

So she makes 100,000 in US for first 5 months and then makes 175,000 in London for the rest of the year. Then she makes 300,000 the next year in Paris. She must live in a foreign country for 330 days out of any 12 consecutive month period. She did so she gets the 95,100 exclusion. She wasn't in the foreign country for 330 days in the same year so part of the exclusion would be in the first and part would be in the 2nd year.

Question 42

49. LO.2 George is a U.S. citizen who is employed by Hawk Enterprises, a global company. Beginning on June 1, 2012, George began working in London. He worked there until January 31, 2013, when he transferred to Paris. He worked in Paris the remainder of 2013. His salary for the first five months of 2012 was $100,000, and it was earned in the United States. His salary for the remainder of 2012 was $175,000, and it was earned in London. George’s 2013 salary from Hawk was $300,000, with part being earned in London and part being earned in Paris. What is George’s gross income in 2012 and 2013? (Assume that the 2013 indexed amount is the same as the 2012 indexed amount.)

Answer 42

The 700 and 350 are excludable. The rest is taxable.

Question 43

56. LO.3 How does the tax benefit rule apply in the following cases? a. In 2010, the Orange Furniture Store, an accrual method taxpayer, sold furniture on credit for $1,000 to Sammy. The cost of the furniture was $600. In 2011, Orange took a bad debt deduction for the $1,000. In 2012, Sammy inherited some money and paid Orange the $1,000 he owed. Orange was in the 35% marginal tax bracket in 2010, the 15% marginal tax bracket in 2011, and the 35% marginal tax bracket in 2012.

Answer 43

It would be considered income in 2012 because it was taxed in 2010 and then it was deducted in 2011 because the person that owed said they wouldn't pay it. Then they said they would pay it in 2012 so it would be taxed again in 2012. It doesn't matter what your brackets were. You won't be reimbursed because the tax was more or less.

Question 44

b. In 2011, Marvin, a cash basis taxpayer, took a $2,000 itemized deduction for state income taxes paid. This increased his itemized deductions to a total that was $800 more than the standard deduction. In 2012, Marvin received a $1,600 refund when he filed his 2011 state income tax return. Marvin was in the 15% marginal tax bracket in 2011, but was in the 35% marginal tax bracket in 2012.

Answer 44

Marvin must include $800 of the refund in his gross income for 2012 because he received a tax benefit for the deduction in 2011. The other $800 of the refund is not included in his gross income because it did not produce a tax benefit. Marvin suffered an economic loss from the overpayment in 2011, when his marginal tax rate (15%) was lower than in the year of the recovery (35%) of the prior deduction, 2012.