Day 26 Flashcards

1
Q

Define: Unilateral contract

A

Is formed when a promise is exchanged for an act

MCQ-02291

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2
Q

True or False: Only one party makes a promise in a Unilateral Contract

A

True

MCQ-08881

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3
Q

What is required for an offer to be “sufficient”?

A

The communication of the offer must be a reasonable expectation

EX: selling a laptop for $1 is NOT reasonable

MCQ-04964

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4
Q

When is a promise to keep an offer open enforceable?

A

When consideration is given

EX: Bob’s promise not to buy another computer = consideration given

MCQ-04967

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5
Q

Does a death terminate a contract?

A

Yes, the death of the offeror proof to acceptance terminated the offer by operation of law without notice to the offeree

MCQ-02222

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6
Q

When is the Mailbox Rule in effect?

A

Under Common Law, when the offer does not specify that acceptance is upon receipt, and does not specify the means of acceptance

MCQ-02489

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7
Q

What is the requirement for effective consideration?

A

Legally Sufficient

MCQ-01347

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8
Q

When is valid consideration present?

A

If there is a bargained for exchange of something of legal value

NOTE: if the promised act has already been performed then the bargained element fails

MCQ-01130

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9
Q

How can a contract with a minor be ratified?

A
  • failing to disaffirm within a reasonable time after reaching majority
  • expressly ratifying the entire contract orally or in writing
  • retaining or accepting the benefits
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10
Q

What is requirements to create an Agency?

A
  • Assent of both parties
  • Capacity of principal

NOTE: Consideration is not required

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11
Q

What are the duties of a Principal to the Agent?

A
  • Compensation
  • Reimbursement
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12
Q

Define: Actual (real) Authority

A

Actual authority is the authority the Agent reasonably thinks he has based on communications with the principal

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13
Q

Define: Implied Authority

A

Actual Authority: (Two Types)

  1. Implied Authority - Authority from position, past acts, and circumstances
  2. Expressed Authority - Authority specifically granted by the principal
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14
Q

Define: Expressed Authority

A

Actual Authority: (Two Types)

  1. Implied Authority - Authority from position, past acts, and circumstances
  2. Expressed Authority - Authority specifically granted by the principal
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15
Q

What is the overall limitation for the QBI Deduction?

A

The LESSER OF: the combined QBI deductions or 20% of the taxpayer’s taxable income in excess of net capital gain

MCQ-08791

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16
Q

Test #1: What is the QBI deduction limited to? The Greater of:

A

THE GREATER OF:

  1. 50% of W-2 wages for the business; OR
  2. 25% of W-2 wages, plus 2.5% of UBIA (PP&E)

MCQ-08791

17
Q

Requirements for Incentive Stock Options:

A
  1. Approved by shareholders
  2. Granted within 10 years
  3. Exercise price may not be less than FMV
  4. Employee CANNOT own more than 10%
  5. Held at least TWO YEARS
  6. Employee must remain an employee from the date the option is granted until 3 Months before the option is exercised

MCQ-07357

18
Q

When is a 90-Day Letter (Notice of Deficiency) issued?

A

If an Appeals Conference was not requested OR the taxpayer and the IRS do not agree on the proposed adjustments

The taxpayer has 90 days to pay the deficiency OR file a Petition with the U.S. Tax Court

MCQ-08956

19
Q

Bankruptcy: Debts that cannot be discharged

*WAFTED

A
  • Willful negligence / injury
  • Alimony
  • Fraud (Fines an penalties owed to the government)
  • Taxes (within 3 years)
  • Educational loans
  • Debts undisclosed in bankruptcy court

MCQ-01837

20
Q

What income is subject to FICA for an employee and Self-Employed person?

A

Employee - Gross Wages

Self-Employed - Net Profits

MCQ-02546

21
Q

What assets are included in a debtor’s bankruptcy estate if they were received after the petition was filed?

A

Assets received 180 days after the petition that will be included in the debtor’s estate are:

  • Proceeds from Life Insurance
  • Inheritance
  • Divorce Settlements

MCQ-01883

22
Q

Article 9: Secured Transactions include what?

A

Applies to the contractual security interest of Personal Property and the Outright Sales of Accounts Receivable

MCQ-01830

23
Q

What is a defence for Fraud in a Surety loan agreement?

A

Fraud on the surety by the principal debtor is not a defense unless the creditor knew of the fraud.

MCQ-01849