Final Brush Up Flashcards
Bankruptcy Ch 7 filing dismissed or converted to a Ch 13 filing ____________
60 times the debtor’s avg monthly disposable income (after deducting allowable expenses) exceeds $15,150
Below will not cause dismissal of Ch 7:
*If 60 times a debtor’s avg monthly disposable income (after allowable expenses) is at least $9,075 but less than $15,150 and the debtor is only able to pay 10% of unsecured claims, the debtor can file for Ch 7. It is only debtors within these financial figures who are able to pay 25% or more of unsecured, nonpriority debts that are subject to conversion or dismissal for abuse.
1st Q - 87.5%
2nd Q - 62.5%
3rd Q - 37.5%
4th Q - 12.5%
Mid Quarter Convention
PSC =21% flat tax rate (accounting, law)
PHC = 20% penalty
Credit not available to PSC = EIC, Child and dependent care credit, AOC
PSC
Accumulated Earnings Credit, DRD are subtracted in arriving at accumulated taxable income.
Rescission undoes a contract and restores the parties to the original positions
Revocation - withdrawal of an offer
Unilateral contracts require consideration
Merchants good faith
Duty to observe the reasonable commercial standards of fair dealing in the trade.
Shipment contract (not destination one)___Buyer should pay the freight expense (opposite)
Title (not risk of loss) of the goods passes to buyer even if goods are non-conforming
Party will be discharged
Prevention of a performance
Accord and satisfaction
Part of the proceeds from installment sales is taxable as ________
Amortization of bond premium (reduced)
Discount
Interest
Guam and Puerto Rico = Tax Exempt
US Series EE bonds issued after 1989 are Tax Exempt provided (1) they are used for higher education less tax free scholarship (2)TP is over age 24 when bond is issued
(3) MFJ return
(4) MAGI requirements - Single $96,800-$111,800
$145,200-$175200
(5) Must be in TP’s and SP’s Names , child can be listed as beneficiary but not as a co-owner
Defense to the performance where contract contains a substantial error
1.Mutual mistake of material facts
2. unilateral mistake of a material fact where other party was aware of the error
Most state boards have rules that mirror the AICPA rules. A CPA does not have to be a member of the AICPA to practice in multiple states.
4 year statute of limitations by UCC
IRA
Single = 77k-87k
MFJ = 123k - 143k
MFJ (non-participating spouse) = 230k-240k
Constructive fraud, CPA =Gross negligence and reckless to take out information
Actual Fraud = Scienter
Exception to penalty Tax - IRA
- Homebuyer first time = buys within 120 days of distribution or 4 months (10k maximum exclusion)
- Medical Insurance = If unemployed with 12 consecutive weeks of unemployment compensation
- Medical Expenses in excess of % of AGI floor
- Permanent disability only not temp diasbility
- Education - College tuition, books, fee
- Adoption or Birth of child made within 1 year from the DOB or adoption ($5,000 maximum exclusion)
- Natural disaster - ($22,000) per year
- Death or Terminal illness
- Emergency expense (for self or family upto $1000 per year
- Domestic abuse victims (lesser of $10,000 or 50% of retirement account)
A TP with an address outside the US has ________
150 days for notice of deficiency
90 days within US
Filing a financing statement lasts for 5 years and can be continued with a continuation statement if filed within 6 months of expiration.
FS can be refiled for each new 5 year period