FP 514 Tax Flashcards

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1
Q

Carol, age 50, received a salary of $35,000 this year. In addition, she received a gift of $1,000 from her brother. She also made a contribution of $3,500 to her traditional IRA. She files as single, and in addition to her itemized deductions of $4,500, she had unreimbursed medical expenses from major surgery on her knees of $7,600. Which of the following best defines Carol’s taxable income? A) Adjusted gross income less the standard deduction and itemized deductions B) All cash compensation received during the tax year less medical expenses in excess of 7.5% of AGI C) Gross income less adjustments to income, less long-term capital losses D) Adjusted gross income less the greater of the standard deduction or the amount of itemized deductions

A

D) Explanation Carol’s taxable income is calculated by the greater of itemized deductions or the standard deduction, as well as other deductions from adjusted gross income. LO 1.4.1

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2
Q

Kathy, age 70, is single and an employee of Expo Corporation. Her only sources of income this year are $80,000 of W-2 wages, $6,000 in capital gains, and $1,000 in interest on State of Alabama bonds. Based on this information, Kathy’s adjusted gross income (AGI) for the current year is A) $87,000. B) $86,000. C) $80,000. D) $83,000.

A

B) Explanation Kathy’s AGI is all income from any source derived except for those items specifically excluded by the Tax Code. The W-2 wages and capital gains total $86,000. The municipal bond interest is excluded by law. Kathy’s AGI is as follows: W-2 income $80,000 Interest on State of Alabama bonds (tax exempt) 0 Capital gains 6,000 AGI $86,000 LO 1.3.1

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3
Q

Which of the following expenses would be tax deductible for a family this year? A) Qualified dividends received B) A contribution to a Roth IRA C) Health insurance premiums for the family, paid by their family business D) Child support payments

A

C). Explanation Health insurance premiums for a self-employed taxpayer are 100% deductible for AGI. Qualified dividends are included in income. Roth IRA contributions are never deductible. Child support is never deductible. LO 1.5.1

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4
Q

If Parker was paid $7,200 in 2020 for working in a jewelry store and this is his only income for the year, what are the tax effects for him? A) Parker will be taxed at the estates and trusts tax rate for all amounts in excess of $2,100. B) Parker will be taxed on $7,200 at the 10% tax rate. C) Because of Parker’s standard deduction for earned income, he will pay no taxes on the income this year. D) Parker will be taxed on $5,100 at the 10% tax rate.

A

C) Explanation Because this is all earned income, Parker’s taxable income at the 10% tax rate will be $0 because his earned income is less than the maximum standard deduction of $12,400 in 2020. LO 1.2.1

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5
Q

Louisa’s 12-year-old son was killed in an auto accident on May 15, 2020. Louisa is single. If her AGI in 2020 is $113,000, how much of a child tax credit can she take in her 2020 tax return for her son? A) $0 B) $1,000 C) $500 D) $2,000

A

D) Explanation As long as all other tests are met, a full child tax credit of $2,000 in 2020 (without reduction) can be taken for a person who dies during the year. LO 1.5.1

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6
Q

During early 2020, Bob, an individual taxpayer, purchased a principal residence, taking out a mortgage of $600,000. In late 2020, he utilizes a home equity loan to borrow $100,000 to pay off credit card balances and an automobile note. Which of the following is CORRECT with respect to the deductibility of the interest on the home equity loan? A) None of the interest is deductible because it is not considered acquisition debt. B) All of the interest is deductible, as the total mortgage debt is under $750,000. C) None of the interest is deductible because the interest on a home equity loan is never deductible. D) All of the interest is deductible because the home equity loan is $100,000 or less.

A

A) Explanation None of the interest on the home equity loan is deductible. After 2017, only interest on acquisition debt is deductible. Acquisition debt is debt incurred to purchase or renovate (remodel) the residence. LO 1.3.2

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7
Q

Susan’s parents have gifted the children, Bill and Alice, age 9 and 12 respectively, various investments. Alice had investment income of $4,000 in 2020 and earned $1,000 babysitting. Bill’s investments did not perform as well; he only earned $2,000, but his part-time job in Bobby’s jewelry store paid him $6,000. Susan provides more than 50% of each child’s support. Given their earnings, can Susan still list both children as dependents on her tax return this year? A) Yes, both children meet the requirement of a qualifying child under IRS regulations. B) No, she may not claim either child, but Bobby can. C) Yes, it doesn’t matter whether she provided 50% of their support because they are under age 19. D) No, she can claim Alice, but Bill is too old and earned too much money.

A

A) Explanation Yes, both children meet the requirement of a qualifying child under IRS regulations. For a qualifying child, a taxpayer may claim an individual as a dependent if the individual satisfies all of the following requirements: The individual must meet one of the following relationships: Child, stepchild, foster child, or adopted child of the taxpayer Brother, sister, stepbrother, or stepsister of the taxpayer Descendant of any of the individuals listed above The individual must live with the taxpayer for more than half of the taxable year. The individual must pass an age test (i.e., meet one of the following): Is under age 19 at the close of the tax year Is a full-time student and under age 24 at the close of the tax year Is totally and permanently disabled at any time during the tax year The individual must not have provided more than half of her own support during the tax year. The individual cannot claim any other individual as a dependent. The individual may not file a joint return for the tax year (unless the only reason a return was filed was to obtain a refund of tax withheld). The individual generally must also be a U.S. citizen, U.S. national, or a resident of the United States, Canada, or Mexico. The child must be younger than the taxpayer. LO 1.1.1

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8
Q

For a taxpayer with a health savings account (HSA), A) contributions to an HSA may be made in cash or other property. B) all withdrawals from an HSA are tax free. C) withdrawals from an HSA for qualifying medical expenses are not subject to income tax or penalties. D) the contributions to the HSA are not deductible, but the premiums to the high-deductible health insurance plan are deductible.

A

C) Explanation Contributions to an HSA are tax deductible and may only be made in cash. Withdrawals from an HSA for qualifying medical expenses are not subject to income tax or penalties; while those of other-than-qualifying medical expenses are subject to both income tax and a 20% penalty unless made after the taxpayer reaches age 65, dies, or becomes disabled. LO 1.3.1

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9
Q

To qualify as a head of household, which of the following requirements must generally be met? I. The taxpayer must usually be unmarried at the end of the taxable year. II. The taxpayer must maintain her home as the principal residence of at least one qualified dependent, with the possible exception of dependent parents, for at least half of the taxable year. III. The taxpayer must be a surviving spouse. IV. The taxpayer must be married at the end of the taxable year. A) II, III, and IV B) II and III C) I and II D) I, II, and III

A

C) Explanation Statements I and II are correct. Caution: Married persons living apart may be able to qualify as heads of household, and dependent parents may be maintained in a domicile other than the taxpayer’s residence. If the dependent is a parent and the taxpayer is entitled to list the parent as a dependent, a nursing home will qualify as the principal residence. LO 1.1.1

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10
Q

Cindy is the sole proprietor of Pickleball Court Rentals. She has the following items that affect her income tax return: Gross sales $100,000 Operating expenses $46,000 Capital loss $6,000 Health insurance premiums $1,400 Employer’s share of self-employment taxes paid $3,815 Mortgage interest on her home $4,500 TraditionalIRA contribution $5,000 What is Cindy’s AGI? A) $40,785 B) $43,300 C) $36,970 D) $32,485

A

A) Explanation The employer share of self-employment taxes paid is a deduction when calculating a taxpayer’s AGI. Residential mortgage interest is an itemized deduction. The capital loss deduction is limited to $3,000 and the balance may be carried over to future years. The traditional IRA contribution, health insurance premiums, and the operating expenses are all deductible in calculating AGI. $100,000 − $46,000 − $1,400 − $3,000 − $5,000 − $3,815 = $40,785 AGI LO 1.1.2

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11
Q

Which of the following is least likely to qualify as a valid medical expense deduction? A) A medical expense expended for the taxpayer’s dependent child B) A medical expense expended for the taxpayer C) A medical expense that is reimbursed by insurance Achieved D) A medical expense expended for the taxpayer’s spouse

A

C) Explanation Qualifying medical expenses include those expended by the taxpayer, the taxpayer’s spouse, and any dependents. To be deductible, the expenses must not be reimbursed by insurance coverage. LO 1.3.1

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12
Q

According to the Internal Revenue Code, which of the following statements regarding gross income is CORRECT? A) Gross income does not include alimony payments. B) Gross income consists only of job wages earned that qualify for Social Security and any dividends earned from investments. C) Gross income consists of all income except for those items that are specifically excluded by the Internal Revenue Code. D) Gross income includes child support payments.

A

C) Explanation All income is included in gross income unless the Internal Revenue Code specifically excludes that income from taxation. LO 1.3.1

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13
Q

Claudia makes $5,000 a month, and has a disability policy that pays 60% of her salary. Her employer pays 60% of the premium and she pays the remaining 40%. She needed surgery last year and received disability benefits for 60 days. What amount of taxable disability benefits did she receive? A) $3,600 B) $2,400 C) $0 D) $6,000

A

A) Explanation Claudia received 60 days, or two months, of disability payments in the amount of 60% of her $5,000 monthly salary, or a total of $6,000. Claudia pays 40% of the premium and her employer pays 60%. The portion of the benefits received that was paid by Claudia’s employer was 60% of $6,000, or $3,600, and is taxable. The remaining $2,400 is not taxable to Claudia. LO 1.2.1

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14
Q

Which of the following statements regarding adjusted gross income (AGI) is CORRECT? A) It is the first step in the process of calculating taxable income. B) It is the amount of income that is taxable. C) It represents a ceiling for certain deductions, such as medical expenses and miscellaneous itemized deductions. D) It may result in a phaseout of certain deductions.

A

D) Explanation AGI equals gross income less certain items that are specifically allowed as adjustments to income. Taxable income equals AGI less allowable deductions (itemized or standard). The level of AGI does impact the deductibility of certain items, such as medical expenses and miscellaneous deductions, by setting floors on the amount deductible. LO 1.1.2

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15
Q

Courtney and Della are considering obtaining a home equity line of credit of $50,000. They will use some of the proceeds to make needed improvements to their personal residence. Della is concerned about the deductibility of the interest. Which of the following statements is(are) CORRECT? I. Home equity interest is not deductible to the extent used for other than home acquisition or improvements. II. All of the home equity loan interest will be deductible for the couple. A) Neither I nor II B) I only C) Both I and II D) II only

A

B) Explanation Statement I is correct. Home equity loan interest is not deductible on a taxpayer’s income tax return to the extent it is used for other than home acquisition or improvements for the home that secure the mortgage. The interest on the funds used for home improvements is deductible. LO 1.3.2

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16
Q

Mary is an active participant in an employer-sponsored retirement plan, but her husband, Frank, is not. Their combined adjusted gross income (AGI) is $210,000 for 2020. They each contributed $6,000 to an IRA for the current year. Which of the following statements is CORRECT regarding the deductibility of the IRA? A) Neither Mary nor Frank may deduct the IRA contributions. B) Both Frank and Mary may deduct the IRA contributions. C) Mary may deduct her IRA contribution, but Frank may not. D) Frank may deduct his IRA contribution, but Mary may not.

A

A) Explanation Neither Mary nor Frank may deduct their IRA contributions. The active participant spouse is subject to a MAGI (AGI without the IRA) phaseout between $104,000 and $124,000 in 2020. The spouse who is not an active participant but whose spouse is an active participant may take a deduction for the contribution, subject to a phaseout between $196,000 and $206,000. Because the AGI exceeds $203,000, neither spouse may deduct the IRA contribution. Remember that those phaseouts apply only if the taxpayer (and/or spouse, if married) is an active participant in a company-maintained retirement plan. These phaseouts will be provided on the exam. LO 1.1.1

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17
Q

Emilio sued a supplier two years ago for damages. The trial was last year, and the court awarded Emilio with a large cash award. Which of the following statements regarding the taxation of damages is CORRECT? Compensatory damages are generally income tax free. Punitive damages are generally taxable. A) I only B) Neither I nor II C) II only D) Both I and II

A

D) Explanation Both statements are correct. LO 1.2.1

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18
Q

Mary and Josh are divorced and have two dependent children. Mary is the custodial parent. Josh is required to pay child support to Mary, who does not work outside of the home. At the beginning of this year, Josh became unemployed and has been unable to find a new job. Because he has not paid any child support this year, Mary and the children moved in with her sister who supported the three of them. By December of the same year, Josh returned to work and resumed child support payments. Who is entitled to list the two children as dependents on their income tax return in 2020? A) No one this year B) Mary, who supplied 10% of their support but has custody per the divorce agreement C) Josh, who provided 10% of their support this year D) Mary’s sister, who provided 80% of the children’s support

A

D) Explanation Mary’s sister provided more than 50% of the children’s support. As a result of divorce, the custodial parent can claim the children as dependents on their income tax return unless there is a written agreement to the contrary. In addition, two other requirements must be met: The children must receive more than half of their support from both parents (combined) for more than half of the taxable year. If the support requirement is not met, neither parent is allowed to claim the children as dependents. LO 1.1.1

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19
Q

Ron Bates is a single taxpayer with no dependents. His wage income is $156,850, and he has allowable itemized deductions of $14,000. Ron received $1,000 in interest income from a qualified private activity municipal bond and made an IRA contribution of $6,000. He also received workers’ compensation of $4,000 during the year. Ron is not an active participant in a company-maintained retirement plan. What is the amount of Ron’s tax liability for 2020 (round your answer to the nearest dollar)? A) $26,924 B) $29,299 C) $28,339 D) $27,259

A

A) Explanation The total income of $156,850 is reduced by the deductible IRA contribution of $6,000 to give an AGI of $150,850. The IRA is deductible because Ron is not an active participant in a company-maintained retirement plan. The AGI is reduced by the greater of the allowable itemized deductions of $14,000 or the standard deduction of $12,400 in 2020. This leaves a taxable income of $136,850. The interest income from a qualified private activity municipal bond is excluded from income; however, remember that it is generally a preference item for purposes of the AMT. Also, the workers’ compensation received is tax exempt. Taxable income $136,850 Less (from tax rate schedule) (85.525) Amount over $85,525 $51,325 Times (marginal tax bracket) 24% Tax on amount over $82,500 $12,318 Plus (from tax rate schedule) 14,606 Total tax $26,924 LO 1.5.1

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20
Q

Don and Paul are married. They adopted an infant daughter in December of last year. They have consulted you, a CFP® professional, for advice on how to proceed when filing their federal income tax return this year. What should you recommend as their filing status this year for their federal return? A) Single B) Married filing separately C) Married filing jointly D) Head of household

A

C) Explanation Having a dependent does not change the filing status for a married couple. LO 1.1.1

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21
Q

Larry and Paula are a married couple who file their federal income tax returns separately. They are both over 65 and still provide full support for a son who has been blind since birth. They live together and do not itemize. They alternate listing their son as a dependent, and it is Paula’s turn this year. Paula will be required to file a federal income tax return if her gross income is at least which of the following amounts in 2020? A) $19,600 B) $13,700 C) $12,400 D) $18,400

A

B) Explanation The normal filing threshold for the MFS filing status is $12,400 in 2020. For married taxpayers over age 65, the threshold is raised by $1,300 per spouse. The additional blind deduction applies only to the taxpayers themselves, not their dependents. Tangentially, if the other MFS spouse itemizes, the filing threshold is reduced to $5. (IRS pub 501, 2020) Because Larry and Paula still live together, neither can file as head-of-household with a dependent. LO 1.1.1

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22
Q

Which of the following who do not maintain a household for a dependent must use the single filing status? A) Legally separated taxpayer B) Unmarried taxpayer C) Divorced taxpayer D) All of these

A

D) Explanation A taxpayer who is an unmarried, legally separated, or divorced individual and does not maintain a household for a dependent must use the single filing status. LO 1.1.1

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23
Q

George, whose wife died last November, filed a joint tax return for last year. He did not remarry after his wife’s death and has continued to maintain his home for his two dependent children. In the preparation of his tax return for this year, what is George’s filing status? A) Qualifying widower B) Head of household C) Married filing separately D) Single

A

A) Explanation George filed a joint return in the year of his wife’s death. He can file as a qualifying widower (also known as surviving spouse) for the two years following his wife’s death if he continues to maintain a home for his dependent children. LO 1.1.1

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24
Q

Beth’s husband died in Year 1. Assume that Beth does not remarry and continues to maintain a home for herself and her dependent child during Year 2, Year 3, and Year 4, providing full support for her child throughout those years. For Year 4, Beth’s filing status will be A) single. B) qualifying widow. C) head of household. D) married filing jointly.

A

C) Explanation Beth’s Year 4 filing status is head of household. Qualifying widow filing status is only available for 2 years following the death of a spouse (Year 2 and Year 3). LO 1.1.1

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25
Q

Which of the following is NOT a step in the tax calculation process? A) Calculate federal tax on federal taxable income. B) Subtract exclusions from AGI. C) Deduct the greater of itemized deductions or the standard deduction. D) Subtract adjustments to income from total income to get adjusted gross income.

A

B) Explanation The following are involved in the income tax computation: subtracting adjustments to income from total income to get AGI, and deducting the greater of itemized deductions or the standard deduction from AGI to arrive at taxable income. Subtracting exclusions from AGI is not a step in the tax calculation process. Excluded amounts simply do not show up as income on the return. LO 1.1.2

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26
Q

Which one of the following reflects the CORRECT sequence of steps in the tax calculation process? A) Total income minus adjustments to income equals AGI. B) AGI minus adjustments to income equals federal taxable income. C) Calculate federal tax on total income. D)Total income minus standard or itemized deduction(s) equals AGI. LO 1.1.2

A

A) Explanation Total (gross) income minus adjustments to income equals adjusted gross income (AGI). AGI minus standard or itemized deduction(s) equals federal taxable income.

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27
Q

Which of the following is NOT a step in the tax calculation process? A) Subtract adjustments to income from total income to get adjusted gross income. B)Deduct the greater of itemized deductions or the standard deduction from AGI to arrive at taxable income. C) Claim allowable tax credits. D) Calculate federal tax on total income.

A

D) Explanation The following are involved in the income tax computation: subtracting adjustments to income from total income to get adjusted gross income, subtracting tax withholdings from total tax liability, and deducting the greater of itemized deductions or the standard deduction from AGI to arrive at taxable income. Credits are applied to tax liability. The calculation of federal tax is on federal taxable income. LO 1.1.2

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28
Q

Which one of the following steps occurs in the tax calculation process? A) Total withholding is adjusted on Form I-9 B) Tax liability minus tax credits equals refund or tax owed C) Total tax liability minus itemized deductions plus additional taxes owed, equals total tax liability D) Total tax liability equals refund or tax owed

A

B) Explanation Tax liability minus tax credits equals total tax liability or refund. LO 1.1.2

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29
Q

Jeff Munroe has an annual salary of $140,000 and is not an active participant in a company-maintained retirement plan. He had the following financial transactions during the current tax year: Received a $100,000 cash inheritance due to the death of his brother Received unemployment compensation of $2,000 Had a Schedule C loss of $10,000 (assume material participation) Made an IRA contribution of $6,000 Paid qualified student loan interest of $2,000 What is Jeff’s total income for the current tax year? A) $124,500 B) $126,500 C) $142,000 D) $132,000

A

D) Explanation The $140,000 salary is reduced by the $10,000 self-employment loss and increased by the unemployment compensation of $2,000. The inheritance is excluded. The IRA contribution is a potential adjustment to income, as is the student loan interest. Thus, those items do not affect the total income. Remember that total income is the figure approximately two-thirds of the way down the front of the 1040. It is the figure from which allowable adjustments to income are subtracted. LO 1.2.1

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30
Q

Lindsey is age 2 and she received $6,000 in municipal bond interest income and $900 in other interest income in 2020. What is the total federal income tax due on her income in 2020? A) $1,400 B) $0 C) $1,495 D) $90

A

B) Explanation Lindsey owes no federal income taxes in 2020. Municipal bond interest income is not taxable. The $900 in other interest income is less than Lindsey’s $1,100 standard deduction amount. LO 1.2.1

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31
Q

Which of the following are includible in an individual’s gross income for income tax purposes? I. Gambling winnings II. Inheritances III. Interest collected by the taxpayer on federal obligations IV. Scholarships and fellowships in degree programs A) III and IV B) I only C) I and III D) I, III, and IV

A

C) Explanation Gambling winnings and interest on federal obligations are includible in an individual’s gross income for income tax purposes. The other items are not subject to income taxation. LO 1.2.1

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32
Q

Which one of the following is allowable in the computation of total income? A) Net capital losses of up to $5,000 B) Tax credits C) Charitable contributions D) Loss from a sole proprietorship

A

D) Explanation Remember that the total income is the amount shown about two-thirds of the way down the front of the Form 1040. It is the amount before the deduction for adjustments to income. Certain deductions are allowed in the computation of total income, such as the deduction for sole proprietorship losses or net capital losses up to $3,000. Charitable contributions are an itemized deduction. LO 1.2.1

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33
Q

Jane, age 35, whose filing status is single, earned a salary of $55,000 in 2020. She also made a $2,000 contribution to her Roth IRA for 2020. Jane had a capital loss of $3,000 during the year. Her uncle, Charles, gave her $100,000 in municipal bonds for which she earned interest of $3,500. In her employment as a sales representative for her company, Jane incurred $650 of unreimbursed business expenses. What is Jane’s adjusted gross income (AGI)? A) $56,800 B) $52,000 C) $53,800 D) $53,300

A

B) Explanation Jane’s AGI is $52,000 ($55,000 ‒ $3,000). Jane’s $3,000 capital loss is a deduction for calculating AGI. Roth IRA contributions are never deductible from gross income. Municipal bond interest is not included in income. The unreimbursed business expenses are not deductible. LO 1.3.1

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34
Q

Which one of the following statements is true regarding self-employment taxes? A) Net earnings from self-employment must be calculated under the accrual method of accounting. B) The wage base is not adjusted annually for cost of living increases. C) A taxpayer is allowed to deduct one-half of his self-employment tax liability as an adjustment to income. D) Self-employed taxpayers are subject to employer withholding.

A

C) Explanation A taxpayer may deduct one-half of his self-employment tax liability as an “above the line” adjustment to income. The wage base is adjusted annually for cost of living increases. Net earnings from self-employment are determined under the same accounting method as that used for income tax purposes. Self-employed taxpayers are not subject to employer withholding. LO 1.3.1

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35
Q

Which of the following are adjustments to gross income (above-the-line deductions)? I. Medical expenses II. Capital losses III. Deductible IRA contributions A) II and III B) I and II C) I and III D) II only

A

A) Explanation Medical expenses are an itemized (below-the-line) deduction. LO 1.3.1

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36
Q

Janet and Bruce Robinson, both age 43, are married taxpayers filing jointly. They have itemized deductions consisting of the following: Home mortgage interest $19,500 State income taxes $8,700 Property taxes $5,200 Charitable contributions $6,200 Tax return preparation fee $895 Unreimbursed employee business expenses $2,100 Unreimbursed medical expenses $18,460 Their AGI for 2020 is $466,000. What is the amount of their allowable itemized deductions? A) $35,700 B) $39,600 C) $37,800 D) $42,595

A

A) Explanation The total itemized deduction amount is $35,700. Note that the tax preparation fee and the unreimbursed employee business expenses are not deductible. The medical expenses are deductible only to the extent that they exceed 7.5% of AGI for 2020, which they do not. The deduction for the state income taxes and the property taxes is capped at $10,000. Taxes of $10,000, mortgage interest of $19,500, and charitable contributions of $6,200 total $35,700. LO 1.3.2

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37
Q

John and Mary West, married taxpayers filing jointly, have itemized deductions consisting of the following: Home mortgage interest $12,000 State income taxes $18,000 Property taxes $5,150 Charitable contributions $2,250 Unreimbursed employee business expenses $3,200 Medical expenses $14,000 Sales taxes paid $2,650 The Wests’ AGI for 2020 is $400,000. What is the amount of allowable itemized deductions? A) $14,250 B) $24,250 C) $37,400 D) $54,600

A

B) Explanation Unreimbursed employee expenses are no longer deductible since the Tax Cuts and Jobs Act (TCJA). The medical expenses are deductible only to the extent that they exceed 7.5% of AGI (for 2020), which they do not. The sales taxes would only be deductible in lieu of state income taxes. The overall deduction for taxes (state, local, and property) is limited to $10,000 as a result of TCJA. Home mortgage interest $12,000 State, local, and property taxes $10,000 Charitable contributions $2,250 Total itemized deductions $24,250 LO 1.3.2

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38
Q

Steve and Allison Parker, a married couple in their 40s, file a joint return. They earned combined salaries of $185,000. They received dividend and interest income of $860 from mutual funds. They have allowable itemized deductions of $14,000. They have net capital losses of $5,200. They have two children, ages 12 and 14. What is their taxable income for the 2020 tax year? A) $182,860 B) $156,660 C) $168,860 D) $158,060

A

D) Explanation The salaries combined with the income from the investments total $185,860. This is reduced by the $3,000 net capital loss to leave an AGI of $182,860. Remember that only $3,000 of net capital loss may be deducted in a given tax year. The AGI is then reduced by the greater of the itemized deductions ($14,000) or the standard deduction ($24,800 in 2020). The deduction for personal and dependency exemptions was repealed by Tax Cuts and Jobs Act (TCJA). LO 1.4.1

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39
Q

The marginal tax rate is obtained by A) finding the tax bracket of total income. B) dividing the calculated tax by taxable income. C) finding the tax bracket of the taxable income amount. D) dividing the calculated tax by total income.

A

C) Explanation The marginal tax rate is found by finding the tax bracket that contains the taxable income amount; it is the amount at which all subsequent taxable amounts will be taxed (until entering the next tax bracket). The effective tax rate is calculated by dividing the calculated tax by total (gross) income, not taxable income. LO 1.4.2

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40
Q

The effective tax rate is obtained by dividing the amount of tax paid by A) the average tax rate. B) the correct tax bracket. C) the amount of deductions and credits. D) taxable income

A

D) Explanation The effective tax rate is found by dividing total tax by taxable income. LO 1.4.2

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41
Q

Neil McElroy is an engineer for Causley Computer Inc. In addition, Neil operates a janitorial service that cleans several local office buildings. Neil was divorced in 2019, and his wife received custody of their two children. He has assembled the following information for preparation of his tax return for the current tax year. Neil’s salary $71,500 Interest income $9,500 Monthly alimony paid to ex-spouse $1,500 Monthly child support $500 Purchase of equipment for use in janitorial service $10,000 IRA contribution $6,000 Based on the information given, which of the following are fundamental methods of managing Neil’s tax liability? I. Tax credit: Neil could take an investment tax credit for purchases of qualifying business equipment. II. Deductions for AGI: Neil may deduct alimony payments of $18,000 made to ex-spouse. III. Deductions for AGI: Neil may deduct child support payments of $6,000. IV. Exclusions: Neil could have invested in municipal bonds to receive tax-free income. A) I, II, and IV B) II, III, and IV C) IV only D) I and II

A

C) Explanation Neil may not deduct alimony paid to his former spouse because the deduction is disallowed for alimony under divorce decrees in 2019 and thereafter. He may invest in municipal bonds to receive tax-free income. There is no investment tax credit for equipment purposes. Some students confuse this with the Section 179 expense election, but that provision provides a deduction, not a credit. Child support payments are specifically nondeductible. LO 1.5.1

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42
Q

John and Karen Postman will spend a total of $5,000 on day care for their two children (ages 9 and 10) in the current tax year. These expenses were incurred to allow both John and Karen to work outside the home. Their adjusted gross income is estimated at $138,000. What is the amount of child and dependent care credit, if any, to which they are entitled? A) $1,750 B) $1,000 C) $0 D) $600

A

B) Explanation The maximum amount of qualifying expenditures on which the credit may be based is $3,000 per child, or $6,000 for two or more children. In this situation, they spent $5,000. This is multiplied by 20% for taxpayers with an AGI greater than $43,000. Thus, $5,000 × 20% = $1,000. LO 1.5.1

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43
Q

Kurt and Allison Long are married and file a joint income tax return. Their adjusted gross income (AGI) is $180,000 per year. On last year’s tax return, the Longs claimed a $1,200 credit for child care expenses. The Longs are in the 22% marginal income tax bracket. What amount of deductions for AGI would be required to equal the tax benefit of the $1,200 child care credit? A) $936 B) $5,455 C) $264 D) $1,538

A

B) Explanation $1,200 divided by the 22% marginal income tax bracket gives us $5,455. LO 1.5.1

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44
Q

Your client, Hal Meyer, will receive a deductible loss of $15,100 from a working oil and gas interest. Hal is in a 35% marginal income tax bracket and has asked you the approximate amount of tax savings that this will generate. What is the approximate amount, if any, of tax savings generated by this loss? A) $15,600 B) $5,200 C) $10,400 D) $0

A

B) Explanation In a 35% tax bracket, a $15,100 loss deduction will save $5,285. Thus, $5,200 is the closest answer. LO 1.5.1

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45
Q

Which of the following statements correctly describes the method for calculating the exclusion ratio for a fixed annuity? A) The number of expected payments is divided by the investment in the annuity contract. B) The investment in the annuity contract is divided by the number of expected payments. C) The total expected return is divided by the investment in the annuity contract. D) The investment in the annuity contract is divided by the total expected return.

A

D) Explanation The exclusion ratio for a fixed annuity contract is not calculated by dividing the total expected return by the investment in the contract. It is calculated by dividing the investment in the contract by the total expected return. LO 2.1.2

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46
Q

Three years ago, Myla received a gift of 100 shares of public utility stock from her aunt. The fair market value of the stock on the date of the gift was $20 per share. Her aunt had purchased the stock six years earlier at $6 per share. Myla sold this stock for $24 per share last week. What was Myla’s basis in the stock when she sold it? A) $6 per share B) $20 per share C) $14 per share D) $24 per share

A

A) Explanation The only time that the gifted asset takes the sale price as the basis is when the fair market value on the date of the gift is less than the donor’s basis and the asset is sold at a price between the fair market value on the date of the gift and the donor’s basis. LO 2.1.3

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47
Q

Mike has interest and short-term capital gain income of $9,000 in the current tax year. He paid broker commissions on security purchases of $1,000, paid $1,800 for investment adviser fees, and had $8,500 of investment interest expense. His AGI is $225,000. What amount of investment interest expense may be deducted as an itemized deduction? A) $7,700 B) $6,200 C) $8,000 D)$8,500

A

D) Explanation Investment interest expense is deductible up to the amount of net investment income, which is $9,000. The net investment income is simply the investment income (interest and short-term capital gains) of $9,000. Remember that the investment adviser fees were a Tier II miscellaneous itemized deduction, which are no longer deductible under the TCJA. The commissions are not a deductible item. The commissions increase the basis of the securities upon purchase and reduce the gain realized upon sale. LO 2.2.1 PREV

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48
Q

Four years ago, Mark received a gift of 500 shares of common stock from his grandfather. The fair market value of the stock on the date of the gift was $335 per share. His grandfather had purchased the stock three years earlier at $425 per share. Mark sold this stock for $200 per share last week. What was Mark’s basis in the stock when he sold it? A) $335 per share B) $200 per share C) $225 per share D) $425 per share

A

A) Explanation When the fair market value on the date of the gift is less than the donor’s basis in the asset and the sale price is less than the fair market value on the date of the gift, then the fair market value on the date of the gift is used as the donee’s basis. LO 2.1.3

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49
Q

Hardship withdrawals are only allowed from Section 401(k) plans if specifically stated in the plan document and typically for expenses including which of the following?

Vacation costs

Medical expenses

College tuition costs

Insurance premiums

A) II and III

B) II, III, and IV

C) I and III

D) I and II

A

A) Explanation

Hardship withdrawals are typically allowed for medical expenses, college tuition and fees, the purchase of a principal residence, burial expenses for a spouse or dependents, and to prevent eviction from one’s principal residence or foreclosure on the mortgage of such residence.

LO 2.4.1

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50
Q

Under the modified endowment contract (MEC) rules, which of the following is NOT considered a distribution from the MEC?

A) Dividends received as cash

B) Withdrawals from the contract

C) Loans taken as cash or used to pay premiums

D) Dividends retained by an insurer to pay premiums

A

D)

Explanation

Dividends retained by the insurer to pay premiums are not treated as distributions from a MEC.

LO 2.1.1

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51
Q

Martha borrowed $40,000 from a bank, using the money for investment purposes. Of that $40,000, she invested $20,000 in tax-exempt municipal bonds and $20,000 in taxable corporate bonds. Which of the following statements regarding Martha is CORRECT?

A) Martha can deduct the interest on $20,000 of the loan for tax purposes.

B) Martha is engaging in an illegal activity.

C) Martha can deduct none of the interest on the loan for tax purposes.

D) Martha can deduct the interest on $40,000 of the loan for tax purposes.

A

A) Explanation

The IRS does not allow taxpayers to deduct interest on borrowed funds when those funds are used to generate tax-exempt income. Because Martha used $20,000 of the loan to purchase taxable securities, the interest on that $20,000 is deductible as an investment interest expense.

LO 2.2.1

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52
Q

All of the following deductions are allowable in arriving at adjusted gross income except

A) student loan interest (limited).

B) 100% of self-employment tax paid.

C) alimony paid.

D) qualifying contributions to Keogh-qualified and self-employed tax-advantaged plans.

A

B) Explanation

The deduction for self-employment tax paid is generally limited to the calculated employer share, or 50%, not 100%.

LO 2.4.1

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53
Q

This year, Ken sold several securities that left him with the following types of gains and losses:

Long-term capital gain: $8,000

Short-term capital gain: $1,800

Long-term capital loss: $2,200

Short-term capital loss: $1,000

What is the net capital gain or loss on Ken’s security sales?

A) Net long-term gain of $5,800 and net short-term gain of $800

B) Net long-term gain of $2,640

C) Net long-term loss of $1,400

D) Net long-term gain of $2,320 and net short-term gain of $800

A

A) Explanation

The long-term gain and loss are netted, leaving a long-term gain of $5,800. Short-term gains and losses are netted, leaving a short-term gain of $800. These are left separate due to the disparate tax treatment of short-term versus long-term gains.

LO 2.1.3

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54
Q

Question 11 of 20
Question ID: 1247305
Your client, Albert, purchased a life insurance policy. He wants you to determine if it is a modified endowment contract (MEC) for tax purposes. To be classified as a MEC, a policy must have which of the following qualities?

I. Be a life insurance policy under state law
II. Meet either the cash value accumulation test or the guideline premium and cash value corridor test
III.Be a contract that was entered into on or after June 21, 1988
IV. Fail to meet the seven-pay test

A) I, II, III, and IV

B) I and II

C) III and IV

D)I, II, and III

A

A)
To be classified as a MEC, a policy must encompass all of the choices: be a life insurance policy under state law; meet either the cash value accumulation test or the guideline premium and cash value corridor test; be a contract that was entered into on or after June 21, 1988; and fail to meet the seven-pay test.

LO 2.1.1

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55
Q

Which of the following is a form of an annuity?

A) Sustained annuity

B) Fixed annuity

C) Quick annuity

D) Selective annuity

A

B) Explanation

Selective, quick, or sustained annuities are not recognized categories of annuities. Fixed, variable, immediate, and deferred are all categories of annuities.

LO 2.1.2

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56
Q

A taxpayer intends to use a home equity loan to obtain funds to purchase municipal bonds. Which of the following is CORRECT regarding the income tax implications of this scenario?

A) None of these choices apply.

B) The interest on the home equity loan is not deductible.

C) The municipal bond interest becomes taxable.

D) The interest on the home equity loan is fully deductible.

A

B)

Explanation

The interest on the municipal bond continues to be tax exempt. There is no deduction allowed for the interest on funds borrowed to purchase tax-exempt securities.

LO 2.2.1

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57
Q

Garret has the following items of income: $1,500 of interest income, $2,800 of qualified dividend income (he has not decided whether to have it taxed at the ordinary or capital gain rate), and a salary of $100,000. Which of these are classified as portfolio income?

A) Salary only

B) Interest income and dividend income

C) Interest income, dividend income, and salary

D) Interest income only

A

B)

Explanation

Interest and dividends are portfolio income. Salary is active income.

LO 2.2.2

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58
Q

Which of the following statements correctly describes the method for calculating the exclusion amount for variable annuity payments?

A) The number of expected payments is divided by the investment in the annuity contract.

B) The total expected return is divided by the investment in the annuity contract.

C) The investment in the annuity contract is divided by the number of expected payments.

D) The investment in the annuity contract is divided by the total expected return.

A

C) Explanation

The exclusion ratio for a fixed annuity contract is calculated by dividing the investment in the contract by the total expected return.

For a variable annuity, the exclusion amount is calculated by dividing the investment in the contract by the number of expected payments.

LO 2.1.2

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59
Q

Marge had net earnings from self-employment of $150,000 in 2020. What is her total self-employment tax?

A) $22,950.00

B) $19,691.10

C) $20,308.80

D) $21,092

A

D) Explanation

Marge’s 2020 self-employment tax is calculated as follows:

Self-employment income$150,000.00

Less $150,000 × 0.0765($11,475.00)

Equals net earnings$138,525.00

Less 2020 taxable wage base($137,700)

Equals SE income subject to Medicare tax$825

Multiplied by 0.029× 0.029

Equals Medicare portion of SE tax$24

Add $137,700 × 0.153$21,068

Total self-employment tax$21,092

LO 2.3.1

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60
Q

Which of the following is NOT a form of an annuity?

A) Deferred annuity

B) Selective annuity

C) Fixed annuity

D) Variable annuity

A

B) Explanation

A selective annuity is not a recognized category of annuities.

LO 2.1.2

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61
Q

Which of the following statements is CORRECT?

A) A shareholder who receives a Schedule K-1 from an S corporation must calculate and pay self-employment tax on the income.

B) A sole proprietor must pay the 0.9% Additional Medicare Tax on all net self-employment income.

C) Self-employed individuals, such as a sole proprietor or general partner in a partnership, generate self-employment income and must pay both portions of the FICA (Federal Insurance Contributions Act) payroll tax.

D) A general partner reports the income from the Schedule K-1 form provided by the partnership on Schedule C of Form 1040.

A

C)

Explanation

Self-employed individuals, such as a sole proprietor or general partner in a partnership, generate self-employment income. In turn, such individuals must pay both portions of the FICA (Federal Insurance Contributions Act) payroll tax. A general partner reports the income from the Schedule K-1 form provided by the partnership on Schedule E of Form 1040. A shareholder who receives a Schedule K-1 from an S corporation does not pay self-employment tax on the income. The Additional Medicare Tax of 0.9% also applies to self-employed individuals who have a combined income greater than $200,000 if single and $250,000 if MFJ. The tax is levied on the net earnings from self-employment of the sole proprietor or partner and consists of

the gross income derived from any trade or business, less allowable deductions attributable to this trade or business (generally Schedule C); or

the taxpayer’s distributive share of the ordinary income or loss of a partnership (not an S corporation) engaged in a trade or business (Schedule K-1).

LO 2.3.1

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62
Q

Question 19 of 20

Question ID: 1247318

Charles wants to invest $20,000 to generate income taxable at the capital gain rates and not at ordinary income tax rates. He will hold any investment for at least 18 months. Which of the following investments would achieve Charles’s goal?

I. Buy an office building and rent space to others.

II. Buy stock in a Fortune 500 company.

III. Purchase a quality artwork with appreciation potential.

IV. Purchase a speedboat for personal use only.

A) I and III

B) II and III

C) I, II, III, and IV

D) II and IV

A

B)

Explanation

Statements II and III are correct. Any qualified dividends on the stock will be taxed at LTCG rates. A sale of the stock or the investment painting after the 18-month holding period will generate either a LTCG or a LTCL depending on the sale price. Rental income is taxed at the ordinary income tax rate. A speedboat for personal use will not generate any income and will likely decrease in FMV 18 months later.

LO 2.2.2

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63
Q

Which of the following is a CORRECT statement regarding the wash sale rules?

A) The wash sale rules do not apply to dealers.

B) The wash sale rules do not apply to sales and investments in mutual funds.

C) Small differences in the maturity dates of bonds will not cause them to be classified as substantially identical.

D) Basis is generally decreased by the amount of the loss that is disallowed on a wash sale.

A

Explanation

The wash sale rules do not apply to taxpayers who are brokers or dealers of financial instruments.

LO 2.1.3

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64
Q

For two years, Lisa Carson was able to pay the premiums on her whole life policy without borrowing. For the past two years, she has borrowed from the cash value of her whole life policy to pay the premiums. Last year, she paid $95 of interest on the funds she borrowed.

What are the tax implications in this situation?

A) The interest expense is tax deductible because it does not exceed $100.

B) The interest expense is not tax deductible because it does not exceed $100.

C) The interest expense is not tax deductible.

D) The interest is deductible because Lisa is in the business of continuing her insurance and the interest is deductible business interest expense.

A

C) Explanation

The interest expense is not tax deductible because interest on a loan incurred to purchase personal life insurance protection is considered personal interest, which is not deductible. Personal loan interest is not tax deductible, regardless of whether the lender is a bank or a life insurance company.

LO 2.1.1

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65
Q

Cash value life insurance is often structured like an investment vehicle. However cash value life insurance contains important features that shelter the inside buildup from taxation. Which of the following will NOT be considered when determining whether a policy can maintain its tax favored status?

A) The premium value test

B) The cash guideline premium test and corridor test

C) The cash value accumulation test

D) The death benefit

A

B) Explanation

Without a death benefit, a contract does not meet the legal definition of life insurance. There are currently two tests—only one of which must be met—in order to classify a product as life insurance for federal income tax purposes: (1) the cash value accumulation test and (2) the cash guideline premium test and corridor test. There is no premium value test.

LO 2.1.1

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66
Q

Which of the following statements correctly defines inside buildup as it refers to life insurance?

A) During the insured’s lifetime, the accumulations of cash value within a policy grow on a tax-free basis.

B) During the insured’s lifetime, the accumulations of cash value within a policy grow on a tax-preferred basis.

C) During the insured’s lifetime, the accumulations of cash value within a policy grow on a tax-annuitized basis.

D) During the insured’s lifetime, the accumulations of cash value within a policy grow on a tax-deferred basis.

A

D) Explanation

Accumulations of cash value within a life insurance policy grow on a tax-deferred basis during the insured’s lifetime.

LO 2.1.1

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67
Q

In 1991, John Idler purchased a single premium whole life insurance policy. In the current year his medical expenses are $15,000 and his AGI is $75,000. What is the tax implication to John if he borrows the interest from the policy’s accumulated cash value to pay his current year’s medical expenses?

A) John will not be required to report the amount borrowed as income and will not be allowed a medical expense deduction.

B) John will be required to report the amount borrowed as income, but he will not be allowed a medical expense deduction.

C) John will be required to report the amount borrowed as income and will be allowed a medical expense deduction.

D) John will not be required to report the amount borrowed as income, but he will be allowed a medical expense deduction.

A

C) Explanation

Amounts borrowed on a single premium whole life policy issued on or after June 21, 1988 (a MEC), are taxable on a last-in, first-out basis; thus, the earnings would be taxable. A medical expense deduction will be allowed regardless of the source of the funds, since the payment would be for a valid medical expense.

LO 2.1.1

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68
Q

Which of the following statements regarding the use of life insurance inside a retirement plan is CORRECT?

A) The premiums paid are a taxable benefit to the employee.

B) If the employee dies prematurely, the survivors will receive no benefits.

C) The premiums paid are NOT a taxable benefit to the employee.

D) The premiums paid are a taxable benefit to the employer.

A

A)

Explanation

The premiums paid are a taxable benefit to the employee. The main benefit to the employee is in the event of their premature demise, their survivors will still receive ample retirement benefits.

LO 2.1.1

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69
Q

Question #6 of 30

Question ID: 1247542

Matthew Brady, age 47, purchased a deferred annuity in January 1982 for $50,000. In the current year, when the surrender value was $125,000, Matthew took a nonperiodic distribution of $75,000. Which one of the following statements correctly describes the income tax consequences of the distribution?

A) $50,000 is taxable, $25,000 is tax free.

B) $75,000 is taxable income.

C) $75,000 is tax free.

D) $50,000 is tax free, $25,000 is taxable.

A

D) Explanation

The pre-August 14, 1982, annuity retains first-in, first-out (FIFO) treatment. Thus, the basis of $50,000 is treated as being withdrawn first and is tax free. The remaining $25,000 is taxable. If this were a post-August 13, 1982, contract, it would be treated on a last-in, first-out (LIFO) basis.

LO 2.1.2

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70
Q

Which one of the following is a characteristic of a fixed annuity contract?

A) If a corporation owns the annuity contract, the earnings are not tax deferred.

B) The buyer may choose among a handful of investment options.

C) Fixed annuity contracts are not tax advantaged, unlike other annuity contracts.

D) The annuitant pays now for future fixed or variable payments.

A

A) Explanation

With a fixed annuity contract, there is no ability to select the investment options; the payments are fixed. Fixed annuity contracts are generally tax advantaged (tax deferred), unless a corporation owns the annuity contract, in which case the earnings are currently taxable. Such is also the case with a variable annuity.

LO 2.1.2

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71
Q

Several years ago, Allison Colbert purchased a deferred fixed annuity. The cost of the annuity was a single payment of $40,000. The annuity will provide monthly payments of $275. At the time the annuitized distributions are to begin, Allison’s life expectancy will be 25 years.

How much of each payment will be excluded from taxation?

A) $206

B) $142

C) $133

D) $57

A

C) Explanation

Allison is expected to receive $82,500 ($275 × 12 × 25). Her investment in the contract ($40,000) is then divided by the total expected return ($82,500) to determine the excludable portion of each payment. The exclusion ratio is the $40,000 divided by $82,500, which equals 48.48%. 48.48% of $275 = $133 excludable from each payment.

LO 2.1.2

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72
Q

Which one of the following statements is CORRECT with respect to capital gains and losses?

A) Net capital gains are always taxed at a maximum rate of 28%.

B) Net capital gains are always taxed at a flat rate of 15%.

C) Excess capital losses are carried forward for up to five years.

D) Net capital losses are deductible up to $3,000 annually.

A

D)

Explanation

Net long-term capital gains (LTCG) (from other than unrecaptured Section 1250 income and collectibles) are taxed at rates of 0%, 15%, or 20%.

For married couples filing jointly, the 0% long-term capital gain rate ends at $80,000 of taxable income. For long-term capital gains falling between the $80,000 breakpoint and $496,600 of taxable income (again, for married couples filing jointly), the rate is 15%. For long-term capital gains falling into taxable income levels above $496,600 (MFJ), the rate is 20%. The table shows the breakpoints for LTCG and qualified dividend preferential rates.

LTCG Rates Based on Taxable Income

Filing Status0% rate15% rate20% rate

SingleUnder $40,000$40,000–$441,450Over $441,450

Head of householdUnder $53,600$53,600–$469,050Over $469,050

Married filing jointlyUnder $80,000$80,000–$496,600Over $496,600

Estates and trustsUnder $2,650$2,650–$13,150Over $13,150

Special rates apply to the sale of real estate or collectibles—25% (the maximum rate for gain attributable to straight-line depreciation on real estate), or 28% (maximum rate in the case of collectibles). Net capital losses, the capital losses remaining after netting against capital gains, are deductible up to $3,000 per year with an indefinite carryforward.

LO 2.1.3

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73
Q

Question #10 of 30

Question ID: 1273772

Adrian Brown owned 500 shares of XYZ growth and income fund. She has become increasingly dissatisfied with the performance of the fund and, upon the advice of a friend, decided to execute a “telephone transfer” and switch the balance in the fund to the XYZ intermediate bond fund.

Which one of the following describes the tax effect of such a strategy?

A) No gain or loss will be recognized by the taxpayer, but the basis of the new fund will be reduced by any deferred gain or increased by any unrecognized loss.

B) Gain or loss will be recognized by the taxpayer on the redemption of the old fund.

C) Any loss will be recognized by the taxpayer, but any gain will be deferred through a reduction in the basis of the new fund.

D) No gain or loss will be recognized by the taxpayer, and the basis in the new fund will be the same as that of the old fund.

A

B) Explanation

A telephone transfer is the same as a sale or other taxable redemption of the fund. Therefore, gain or loss will be recognized based on the difference in the redemption proceeds and the basis in the shares redeemed. This is true even if the transfer is made between two funds in the same fund family.

LO 2.1.3

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74
Q

Question #11 of 30

Question ID: 1247554

Your client, Elaine Dell, is near the highest tax bracket and is contemplating several investments. She is, however, concerned about minimization of her federal income tax liability on the income from the investment.

Which of the following investments would produce income that would be taxed at the lowest potential tax rate?

A) A certificate of deposit

B) A corporate bond fund

C) A zero coupon bond

D) A utility stock with a high dividend yield

A

D) Explanation

Qualified dividends are generally taxed at a 15% rate (or 20% for taxpayers with higher income levels). All of the other options produce interest income, which is taxable as ordinary income, at the marginal rate of the taxpayer.

LO 2.1.3

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75
Q

Question #12 of 30

Question ID: 1247555

Ann Hamilton owns 500 shares in the XYZ S&P 500 Index Fund. The basis of her investment in this fund is $4,500, while the fair market value is only $2,000. She wants to sell her shares to “lock in” the $2,500 loss, but she is considering buying 500 shares of the GRC Small-Cap Index ETF the following week because she believes that the value is going to increase significantly over a longer period.

As her planner, what can you accurately tell Ann about this scenario?

A) If the loss were disallowed, the basis in the newly acquired shares would be decreased by the disallowed loss.

B) The loss would be a fully deductible capital loss.

C) She should wait a minimum of 61 days after the sale to repurchase the shares so that the loss may be recognized.

D) The basis in the newly acquired shares would be the amount paid for those shares, increased by the $2,500 disallowed loss.

A

B) Explanation

The wash sale rule disallows a loss if substantially identical securities are purchased prior to 30 days after the sale that resulted in the loss. The basis of the acquired securities is increased by the amount of the disallowed loss. The S&P 500 mutual fund should not be substantially identical to the small-cap ETF because the funds track very different indices and because of the difference in the way ETFs trade compared with mutual funds.

LO 2.1.3

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76
Q

Bruce and Melissa Parish, married taxpayers filing jointly, have the following items related to their investments during the current tax year:

Investment interest expense $5,000

Interest income $2,500

Short-term capital gains $1,000

Investment adviser’s fees $1,250

Commissions paid on stock purchase $200

Adjusted gross income $60,000

What is the Parishes’ allowable investment interest expense deduction for the current year?

A) $3,500

B) $3,450

C) $5,000

D) $3,250

A

A) Explanation

Investment interest expense is limited to the taxpayer’s net investment income of $3,500.

LO 2.2.1

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77
Q

Question #14 of 30

Question ID: 1247565

Which one of the following statements is incorrect regarding investment interest expense?

A) Investment interest expense is deductible up to the amount of the net investment income.

B) Excess investment interest expense cannot be carried forward into succeeding tax years.

C) Interest paid or accrued to purchase or carry tax-exempt investments is not deductible.

D) Net investment income is the taxpayer’s investment income—typically interest, nonqualified dividends, and short-term capital gains.

A

B) Explanation

Excess investment interest expense can be carried forward into succeeding tax years. Investment interest expense is deductible up to the amount of net investment income. The interest on funds borrowed to purchase tax-exempt investments is not deductible. The net investment income is typically interest, nonqualified dividends, and short-term capital gains. Long-term capital gains and qualified dividends may be included at the taxpayer’s election, but the taxpayer must forgo the preferential tax rates on these items.

LO 2.2.1

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78
Q

Question #15 of 30

Question ID: 1247566

Tom Bell has investment income (interest) of $8,000 in the current year. He paid $1,200 in investment adviser fees and had $7,000 of investment interest expense. His AGI is $35,000.

What amount of investment interest expense may be deducted in the current year as an itemized deduction?

A)$6,500

B) $7,000

C) $6,800

D) $8,000

A

B)

Explanation

Investment interest expense is deductible up to the amount of investment income. The investment income is the interest income of $8,000. However, the deduction cannot exceed the actual investment interest expense of $7,000. Historically, the adviser fees would impact the calculation, but the Tax Cuts and Jobs Act of 2017 (TCJA) eliminated the Tier II miscellaneous itemized deductions.

LO 2.2.1

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79
Q

Question #16 of 30

Question ID: 1247567

Michelle Will has interest income of $23,000 in the current tax year. She paid brokers’ commissions of $2,000 on stock purchases and had $40,000 of investment interest expense. What amount, if any, of investment interest expense may be deducted as an itemized deduction?

A) $21,000

B) $33,000

C) $0

D) $23,000

Explanation

LO 2.2.1

A

D)

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80
Q

For the current tax year, Bob Phillips, an individual taxpayer filing a joint return, has $50,000 of investment interest expense and $20,000 of net investment income (interest and dividends). Bob’s AGI is $200,000. How much investment interest expense, if any, may Bob deduct in the current tax year?

A) $21,000

B) $50,000

C) $20,000

D) $0

A

C)

Explanation

Investment interest expense is deductible up to the amount of net investment income. The problem tells us that the net investment income is $20,000; thus that is the maximum deduction. The fact that the dividends are included in the net investment income indicates that the taxpayer elected to include them in investment income and is forgoing the preferential rates associated with qualified dividends. The AGI has no bearing on the answer.

LO 2.2.2

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81
Q

Question #18 of 30

Question ID: 1247577

Sheila, a single taxpayer, has taxable income of $460,000. Included in the taxable income is $50,000 of qualified dividends. At what rate(s) will her qualified dividends be taxed?

A) 20% only

B) 15% and 20%

C) 25%

D) 15% only

A

B) Explanation

The qualified dividends straddle the $441,450 breakpoint (for 2020). Thus, a portion fall into the $40,001 to $441,450 range and are taxed at 15%. The dividends above the $441,450 breakpoint are taxed at 20%.

LO 2.2.2

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82
Q

Samantha received the following dividends in 2020 from her portfolio:

I. Ordinary dividends from HOT stock, a publicly traded company

II. Dividends from Sky High Realty and Trust, a publicly traded REIT

III. Life insurance dividends from her whole life policy

IV. Qualified dividends from BET stock, a publicly traded company

Which of the above is NOT considered taxable?

A) IV only.

B) III only.

C) I and II.

D) II and IV.

A

B) Explanation

Life insurance dividends are considered a return of premium paid (provided the cumulative dividends received over the life of the policy do not exceed the basis in the policy) and thus are not taxable. The other choices listed are taxable. Qualified dividends are eligible for long term capital gains rates. REIT dividends may qualify for a QBI deduction but nonetheless will still be taxable.

LO 2.2.2

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83
Q

Lindsey is age 2 and her total income was $6,000 in qualified dividends in 2020. What is the tax on the dividends at Lindsey’s rate?

A) $143

B) $95

C) $0

D) $30

A

C) Explanation

Lindsey is in the 10% marginal income tax bracket. She can use the long-term capital gains tax rate on qualified dividends received. At her income and filing status, that capital gain tax rate is 0%.

LO 2.2.2

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84
Q

Which one of the following is NOT subject to the Medicare contribution tax?

A) Income from a nonperiodic distribution from an annuity

B) Long-term capital gains

C) Qualified Roth distributions

D) Qualified dividends

A

C) Explanation

Qualified Roth distributions are not subject to the Medicare contribution tax. Only taxable items, such as net capital gains, net rental income, annuity income and dividends, for example, are subject to the Medicare contribution tax.

LO 2.3.1

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85
Q

Which of the following taxpayers may owe the additional Medicare tax in 2020?

Brad and Jane file jointly and have combined wages of $288,000.

Terry’s only income in 2020 is from his investments and totals $290,000.

Jack has earned $150,000 in compensation from his employment at Bland Foods Inc.

Lisa, whose filing status is head of household, is self-employed and has self-employment income of $225,000.

A) I and IV

B) I only

C) IV only

D) I, II, and III

A

A) Explanation

Statements I and IV are correct. The additional Medicare tax rate is .9%. An individual is liable for the additional Medicare tax if the individual taxpayer’s wages, other compensation, or self-employment income (combined with a spouse if filing as married filing jointly) exceeds the thresholds for the taxpayer’s filing status of a combined income greater than $200,000 if single and $250,000 if married filing jointly.

LO 2.3.1

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86
Q

Terry and Jan are married taxpayers filing a joint tax return. In 2020, their AGI is $310,000, and their net investment income (included in the AGI) is $90,000. What is the amount of their Medicare contribution tax for 2020?

A) $2,280

B) $0

C) $3,420

D) $4,180

A

A) Explanation

Terry and Jan will pay the 3.8% Medicare contribution tax on $60,000. This is the lesser of the net investment income ($90,000) or the AGI in excess of the threshold amount ($310,000 – $250,000, or $60,000).

In this situation, only $60,000 of the net investment income is subject to the Medicare contribution tax and calculates to $2,280 (60,000 × 0.038).

LO 2.3.1

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87
Q

Clare is a single taxpayer. In 2020, her AGI is $235,000, including a net long-term capital gain of $50,000. What is the amount, if any, of Medicare contribution tax that she must pay?

A) $570

B) $0

C) $1,330

D) $1,900

A

C) Explanation

She will pay the 3.8% Medicare contribution tax on $35,000. This is the lesser of the net investment income ($50,000) or the AGI in excess of the threshold amount ($235,000 – $200,000, or $35,000). In this situation, only $35,000 of the net investment income is subject to the Medicare contribution tax. Clare will pay a $1,330 Medicare contribution tax (3.8% on $35,000).

LO 2.3.1

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88
Q

Your client Sally, age 30, is designing an educational investment program for her 8-year-old son. She expects to need the funds in about 10 years when her AGI will be approximately $70,000. She wants to invest at least part of the funds in tax-exempt securities. Which of the following investment(s) may yield tax-exempt interest on her federal return if the proceeds were used to finance her son’s education?

I. Treasury bills

II. EE bonds

III. GNMA funds

IV. Zero coupon Treasury bonds

A) II and III

B) III and IV

C) I, III, and IV

D) II only

A

D) Explanation

Proceeds from EE savings bonds may be exempt if the proceeds are used for qualified higher-education expenses of the taxpayer, spouse, or dependent. There is an AGI phaseout, which for 2020 is approximately $82,350‒$97,350 (2020) for a single taxpayer. (The actual phaseouts are provided on the exam.) All the other options generate currently taxable income. The Treasury bills and GNMA funds both produce taxable income on the federal return (Treasury bill interest would typically be tax exempt on her state return). The zero Treasury also produces taxable income each year as the amortized discount is added to taxable income, even though no cash income is received.

LO 2.4.1

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89
Q

Question #26 of 30

Question ID: 1247601

Tim Jones is single, 21 years old, and in his third year of college. He has an AGI of $35,000 and receives no support from his parents. The college is a Title IV institution where students are eligible to receive federal financial aid, and Tim is pursuing an undergraduate degree in criminal justice. When Tim was 13, his parents established a Uniform Transfers to Minors Act (UTMA) for him, and funded it with EE savings bonds. When Tim was a freshman, he was convicted of a felony drug possession charge.

Which one of the following is CORRECT regarding Tim’s situation?

A) Tim qualifies for the Lifetime Learning Credit.

B) Tim may redeem the EE bonds potentially tax free if the proceeds are used for his qualifying education expenses.

C) Tim could use both the American Opportunity Tax Credit and the Lifetime Learning Credit in the same year.

D) Tim qualifies for the American Opportunity Tax Credit.

A

A) Explanation

Tim qualifies for the Lifetime Learning Credit. His AGI is under the phaseout range. He is pursuing a degree at an eligible institution. The felony drug conviction would preclude the use of the American Opportunity Tax Credit but not the Lifetime Learning Credit. There is no exclusion available for EE bonds unless they are held by the individual who purchases the bonds or unless they are held jointly with a spouse. A bond that has been gifted to another taxpayer does not qualify for the exclusion. The American Opportunity Tax Credit and the Lifetime Learning Credit may not be claimed in the same year for the same student.

LO 2.4.1

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90
Q

Seven years ago, Karen Price purchased U.S. EE savings bonds for $5,000. During the current year, when Karen was 27 years old, she redeemed the bonds to help pay for her graduate school tuition. The accrued value at the time of redemption was $7,000.

Assume Karen incurs $11,000 of tuition expenses in the year. What are the tax consequences upon the redemption of the bonds?

A) A portion of the interest may be excluded.

B) All the interest may be excluded.

C) The income on the bonds is generally subject to state income taxes.

D) All accrued interest is taxable in the current year.

A

D) Explanation

The exclusion for EE bond interest redeemed to pay for qualifying higher-education expenses applies only to bonds purchased by an individual age 24 or older, and held in that person’s name, or jointly with a spouse. Karen is 27 years old; the bonds were purchased 7 years ago, when Karen was approximately 20. Because Karen does not qualify for the exclusion of the interest income because she was not age 24 or older at the time of purchase. All the interest is taxable in the year the bonds are redeemed. Remember that the interest of EE bonds is deferred until maturity, unless an election has been made to have the interest taxed each year as it accrues. Also, the interest income from EE bonds (and other federal government obligations) is generally not subject to state income tax.

LO 2.4.1

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91
Q

Eight years ago, Joan Allen, a married taxpayer filing jointly, purchased U.S. Series EE savings bonds for $6,000. She titled the bonds jointly with her husband, Hank. During the current year, when Joan was 35 years old, they redeemed the bonds to help pay for Joan’s graduate school tuition. The accrued value at the time of redemption was $8,000. Their AGI for 2020 is estimated to be $100,000.

Assume Joan incurs $8,000 of tuition expenses during the year. What are the tax consequences upon the redemption of the bonds?

A) All accrued interest is taxable in the current year.

B) The interest is taxable at both state and federal levels.

C) All the interest may be excluded.

D) A portion of the interest may be excluded.

A

C).

Explanation

The EE bond exclusion (for educational purposes) is phased out (for married couples filing jointly) between $123,550 and $153,550 of AGI in 2020. There is no exclusion available when AGI exceeds $153,550. It is not necessary to memorize the exact phaseout amounts because they will be provided on the exam. To qualify for the exclusion, the bonds must be purchased by an individual age 24 or older and held in that person’s name, or jointly with a spouse. EE bonds are not taxable at the state level.

LO 2.4.1

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92
Q

Which one of the following is CORRECT regarding the Coverdell Education Savings Account?

A) Deductible contributions of up to $2,000 may be made per beneficiary.

B) Distributions may be tax free even if made for K-12 expenses.

C) Distributions may be tax free only if made for a full-time student.

D) Room and board may be covered with a tax-free distribution only if the student is full-time.

A

B) Explanation

The predominant benefit of the Coverdell ESA is distributions may also be used to pay for K-12 expenses. This is unlike the 529 plan which is designed primarily to pay for college expenses (Note: a limited amount of $10,000 may now be withdrawn from a 529 for K-12 expenses per the TCJA).

LO 2.4.1

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93
Q

Which of the following benefits that Claudia has received from her employer can be excluded from taxation?

A) A company car that she uses for personal vacations.

B) $5,000 of graduate education assistance.

C) A year-end bonus.

D) An athletic membership at a local club valued at $1,500 per year.

A

B) Explanation

Undergraduate and graduate education assistance is excluded from an employee’s income in any one year period, up to a maximum of $5,250. The other options are fully taxable.

LO 2.4.1

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94
Q

Jasmine and Luke, a married couple, bought 100 shares of Mutual Fund B for $3,200 on March 2 of this year. On December 19 of this year, they sold the 100 shares of Mutual Fund B for $3,500. They used the proceeds to purchase a trailer for its FMV of $3,500 and immediately donated it to their church to use for special events. What are the tax consequences of this sale?

A) The couple has a short-term capital gain of $300 on the sale.

B) The couple has a long-term capital gain.

C) There is no recognized gain on the sale because the proceeds were used for a donation.

D) The couple has donated appreciated property.

A

A) Explanation

The couple have a recognized short-term capital gain of $300. Separately, they have donated property with a value of $3,500 to the church.

LO 3.2.2

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95
Q

Question 2 of 14

Question ID: 1247327

Caroline, age 16, has earned income of $18,605 and interest income of $750 in 2020. She is listed as a dependent on her parents’ income tax return. What is Caroline’s standard deduction for earned income in 2020?

A) $0

B) $12,400

C) $1,100

D) $18,000

A

B) Explanation

Caroline’s standard deduction for earned income is $12,400 (for 2020), whereas her standard deduction for unearned income is only a maximum of $1,100 (limited to the $750 of actual unearned income in this instance). Caroline would, therefore, elect to offset her total income of $19,355 by the greater of the standard deductions, which is $12,400 in 2020.

LO 3.2.1

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96
Q

Question 3 of 14

Question ID: 1247337

Which of the following adjustment/preference items is also an exclusion item for the purposes of the alternative minimum tax (AMT)?

I. ISO bargain element

II. Exclusion of gain from Section 1202 qualified small business stock

III. Percentage depletion of oil and gas properties in excess of the taxpayer’s adjusted basis at year end

A) II only

B) III only

C) II and III

D) I and III

A

C)

Explanation

Statements II and III are correct. Statement I is incorrect. The ISO bargain element is not an exclusion item; it is a deferral item.

LO 3.3.2

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97
Q

Question 4 of 14

Question ID: 1247324

A grantor trust is a trust

A) established by the grantor or settlor.

B) whose income is taxed to a beneficiary other than the grantor, but is considered owned by the grantor.

C) whose income is taxed to the trust, but is considered owned by the grantor.

D) whose income is taxed to the grantor.

A

D) Explanation

A grantor trust is a trust whose income is taxed to the grantor.

LO 3.1.1

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98
Q

Which of the following adjustment/preference items is also a deferral item for the purposes of the alternative minimum tax (AMT)?

I. ISO bargain element

II. Exclusion of gain from Section 1202 qualified small business stock (QSBS)

III. Percentage depletion treated as a tax preference for AMT

A) III only

B) I only

C) II and III

D) I and II

A

B) Explanation

Statement I is correct. Statements II and III are incorrect. Excluded Section 1202 gain and percentage depletion treated as a tax preference for AMT are exclusion items.

LO 3.3.2

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99
Q

Mira is a single taxpayer, age 67. She has the following itemized deductions:

Home mortgage interest (first mortgage)$15,950

State income taxes$3,120

Property taxes$1,480

Charitable contributions$2,000

Gambling losses$1,500

Unreimbursed employee business expenses$4,600

Tax return preparation fee$400

Medical expenses$24,080

Mira’s AGI for 2020 is $238,500. Included in the AGI is $500 of gambling winnings. What amount of Mira’s itemized deductions would be allowed for purposes of the alternative minimum tax (AMT)?

A) $24,643

B) $34,950

C) $17,950

D) $18,950

A

A)

Explanation

Of the itemized deductions listed, only the qualifying home mortgage interest of $15,950, the charitable contributions of $2,000, the gambling losses to the extent of winnings of $500, and the $6,193 of medical expenses are allowable for purposes of the AMT. The medical expenses are deductible to the extent they exceed 7.5% of AGI for both regular and AMT purposes.

LO 3.3.2

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100
Q

Pierre, a U.S. citizen, is meeting with his financial advisor regarding some transactions he made during this tax year. He has ample income and has made several charitable donations. They were as follows:

$30,000 to his church for a building addition fund

$100,000 to an orphanage in France in the city his parents lived as children

$10,000 to the United Way

$15,000 to a nonprofit organization in New Orleans that teaches French to children

$50,000 to a gubernatorial campaign in his state

Without regard to AGI limitations, how much of his donations may be deductible on his income tax return?

A) $40,000

B) $55,000

C) $105,000

D) $205,000

A

B) Explanation

Of the listed donations, the $100,000 to the orphanage is nondeductible because it is a charity located in France. The $50,000 given to the gubernatorial campaign is a nondeductible political donation. The $30,000 given to the church, the $10,000 given to the United Way, and the $15,000 given to the nonprofit organization are deductible donations.

LO 3.2.2

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101
Q

Question 8 of 14

Question ID: 1247334

Jamaal owns a professional service corporation. While capital is not a material income-producing factor, he does use certain equipment in his practice. Jamaal would like to assist his 18-year-old son, Jarod, in financing his education at a college located in another state.

Which one of the following intrafamily transfer techniques would be most appropriate?

A) Gift the equipment to Jarod and then lease it back from him.

B) Set up a short-term revocable trust for Jarod’s benefit.

C) Convert to S corporation status and give Jarod some of the stock.

D) List Jarod as an employee and pay him a salary, even though he cannot provide any meaningful services.

A

A)

Explanation

The answer is gift the equipment to Jarod and then lease it back from him as the most appropriate intrafamily transfer technique.

LO 3.3.1

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102
Q

Abby, age 16, has earned income of $8,605 and interest income of $750 in 2020. She is claimed as a dependent on her parents’ income tax return. What is Abby’s taxable unearned income in 2020?

A) $2,100

B) $1,100

C) $750

D) $0

A

D) Explanation

Abby’s taxable unearned income in 2020 is $0 ($750 unearned income − $1,100 standard deduction for unearned income). The standard deduction cannot create a negative amount.

LO 3.2.1

PREV

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103
Q

Question 10 of 14

Question ID: 1247330

Ron and Sandy gave a painting to the local art museum in the current year. The painting had a fair market value of $34,000. He paid $16,500 for it 5 months ago. The museum will display the painting among its collection. What is Ron’s charitable contribution deduction?

A) $16,500

B) $23,000

C) $34,000

D) $13,800

A

A)

Explanation

Because the artwork is appreciated property held for less than one year, its sale would result in a short-term capital gain. Consequently, the deduction is limited to the lesser of the fair market value or the basis of the gifted property.

LO 3.2.2

PREV

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104
Q

Maxine, an individual taxpayer, donated $100,000 in cash to a qualified public charity in Year 1. Her adjusted gross income was $150,000 in Year 1 and $150,000 in Year 2. She makes no donations to charity in Year 2. How much of a tax deduction will she be allowed for this gift in each of the two tax years?

A) Year 1: $90,000; Year 2: $10,000

B) Year 1: $45,000; Year 2: $35,000

C) Year 1: $45,000; Year 2: $0

D) Year 1: $75,000; Year 2: $5,000

A

A)

Explanation

Individual cash donations to qualified public charities are limited to 60% of adjusted gross income, but excess amounts may be carried over in subsequent tax years. Sixty percent of Maxine’s Year 1 AGI was $90,000. In Year 1, she can deduct $90,000 of the gift. In Year 2, she can deduct the remainder of $10,000.

LO 3.2.2

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105
Q

The Kimble Family Trust has among its investments a 20% interest in a nonpublicly traded partnership, which generated income this year of $25,000. The trust also had a loss of $15,000 generated by its ownership interest in a real estate limited partnership (RELP). The trust also has portfolio income of $30,000. Which of the following statements is CORRECT?

A) The trust may not own nonpublicly traded passive activity investments.

B) The trust can use the RELP loss to offset portfolio income.

C) The passive activity loss rules do not apply to trust entities.

D) The trust can net the RELP loss against its $25,000 nonpublicly traded partnership income.

A

D)

Explanation

Because RELPs are nonpublicly traded passive activities, the trust can net the $15,000 loss against the $25,000 income. Trusts may participate in the investment in passive activities and the passive activity rules apply to trusts that own such investments.

LO 3.1.1

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106
Q

In 2020, Floyd, age 15, is a dependent on his parents’ income tax return. When Floyd was born, his parents established an UGMA with corporate bonds and have contributed a little to it every year since. This year, the account generated $5,000 of interest income. There were no distributions from the account this year. Floyd’s parents file jointly, and have taxable income of $80,000.

What is Floyd’s income tax liability for the current year?

A) $777

B) $446

C) $1,029

D) $110

A

B) Explanation

Floyd’s liability is $446. This is computed as follows:

$5,000

(1,100)limited standard deduction

(1,100)taxed at child’s rate of 10%$1,100 ×10% =$110.00

$2,800taxed at parent’s marginal rate of 12%= $336.00

$446.00

The income earned is taxable, even if the income was not distributed.

LO 3.2.1

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107
Q

Marco had an individual AMT credit two years ago and has not yet used it. Which of the following is correct regarding Marco’s AMT credit?

A) The credit must be applied against the regular income tax liability in the year the credit is created.

B) The credit must be applied against the AMT liability in the next year there is AMT to be paid.

C) The credit can be carried forward indefinitely to be applied against a future alternative minimum tax liability.

D) The credit can be carried forward indefinitely to be applied against a regular income tax liability.

A

D)

Explanation

The AMT credit created in any one year may be used as a credit against regular income tax in a future year. It may be carried forward indefinitely.

LO 3.3.2

PREV

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108
Q

Danielle created a revocable trust for her two minor sons. She named her bank as trustee. The trust property earned $30,000 in the first year and had taxable income of $28,000 after deducting expenses. This income was left to accumulate for future distributions to be made to each son equally when the youngest son attains age 18. To which of the following will the income of the trust be taxable?

A) Both sons equally

B) The trust

C) Danielle

D) The oldest son after attaining age 18, then the sons equally after the youngest son attains age 18

A

C)

Explanation

The trust income will be taxed to the grantor, as the trust is revocable. A revocable trust is treated as a grantor trust.

LO 3.1.1

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109
Q

Molly’s grandparents gifted her with substantial securities at her birth eight years ago. In 2020, she has dividends of $10,000 and brokers’ fees of $800 on the activity in the account her parents manage for her. What is her net unearned income taxed at her parents’ rate?

A) $10,000

B) $9,200

C) $7,800

D) $8,950

A

C)

Explanation

Some of Molly’s unearned income is taxed at her parents’ rate and is calculated as follows: $10,000 UI – $1,100 (standard deduction) – $1,100 (greater of $1,100 for 2020 or amount of allowable itemized deductions directly connected with the production of the unearned income) = $7,800

LO 3.1.1

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110
Q

Alex established a 2503(c) trust for his daughter, Julie, when she entered college four years ago. Alex decided to name his attorney as trustee and give Julie the right to revoke the trust at age 23, when she finished college. Julie did not revoke the trust and chose to allow the trust to continue until she is age 30. Which of the following correctly identifies the taxpayer, if any, who must pay tax on the trust income?

A) The trust, because it is irrevocable and a separate taxable entity

B) Julie, because she allowed the trust to continue past age 23

C) Alex, because this is required by law

D) The attorney as trustee

A

B)

Explanation

Because Julie waited past age 23 when she had the right to revoke the trust, she is responsible for taxes on the trust given to her.

LO 3.1.1

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111
Q

Alicia is age 16 and she received $6,000 in municipal bond interest income and $900 in other interest income in 2020. Her parents’ marginal tax rate is 28%. What is the total federal income tax due on her income in 2020?

A) $90

B) $735

C) $1,472

D) $0

A

D)

Explanation

Alicia owes no federal income taxes in 2020. Municipal bond interest income is not taxable. The $900 in other interest income is less than Alicia’s $1,100 standard deduction amount (for 2020).

LO 3.2.1

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112
Q

In 2020, Floyd, age 15, is a dependent on his parents’ income tax return. When Floyd was born, his parents established an UGMA with corporate bonds and have contributed a little to it every year since. This year, the account generated $5,000 of interest income. There were no distributions from the account this year. Floyd’s parents file jointly and have taxable income of $175,000 and are in the 24% MFJ tax bracket. What is Floyd’s income tax liability for the current year?

A) $1,029

B) $782

C) $260

D) $110

A

B) Explanation

Floyd’s liability is $782. This is computed as follows:

$5,000

($1,100)limited standard deduction

($1,100)taxed at child’s rate of 10%$1,100×10%=$110.00

$2,800taxed at parents’ rate of 24%=$672.00

$782.00

LO 3.2.1

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113
Q

Five years ago, Tom bought 10,000 shares at $10 per share in an intermediate-term bond fund. Today, the shares are worth $200,000 and are paying a nonqualified dividend of $8,000 per year. Tom feels that the stock will continue to appreciate at a rate of 5% per year, including the dividend. Tom wants to establish a college education fund for his two daughters, ages 18 and 9. Neither child has any earned income. Which of the following statements is true?

I. If Tom gives 2,500 shares to his 18-year-old daughter, all income from the 2,500 shares will be taxed in her income tax bracket.

II. If Tom gives 2,500 shares to his 9-year-old daughter, all dividends from the 2,500 shares will be taxed at her marginal rate.

III. Two years from now, if Tom’s older daughter sells her 2,500 shares at $30 per share, Tom will need to report the gain as a long-term capital gain on his personal income tax return.

IV. All interest income received by his 9-year-old daughter that exceeds $2,200 in 2020 will be taxed at the parents’ marginal tax rate.

A) II and III

B) I and IV

C) IV only

D) I and II

A

C)

Explanation

Statement IV is the only correct statement. The kiddie tax applies to children under 19 years of age. It also applies to children under age 24 if they are full-time students. The kiddie tax does not apply if the child’s earned income exceeds one-half of the child’s support. Thus, I and II are incorrect. There is no requirement that the proceeds of a future sale be reported on the donor’s return. As a result of TCJA, the net unearned income is taxed at the parents’ marginal tax rates.

LO 3.2.1

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114
Q

Teddy, age 12, has interest income of $1,275. He also has earned income from an after-school job that totals $12,500. Teddy is eligible to be treated as a dependent on his parents’ return. What is the amount of Teddy’s standard deduction for 2020?

A) $1,100

B) $12,850

C) $12,400

D) $1,275

A

C) Explanation

The standard deduction for an individual eligible to be claimed, or treated, as a dependent is the greater of the limited standard deduction of $1,100 or the amount of earned income plus $350, not to exceed the full standard deduction amount of $12,400 (for 2020). $12,500 + $350 = $12,850, but the deduction is limited to the full standard deduction amount of $12,400.

LO 3.2.1

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115
Q

Jeffrey and Karen have given cash gifts to their children over the years. In addition, in 2020

Mark, age 13, earns $2,500 in salary.

Jennifer, age 19, who attends community college for approximately three months per year, earns $2,200 in dividends and capital gains.

Nancy, age 12, earns $2,950 in dividends and interest.

Steven, age 10, earns $900 in dividends and interest.

Whose income is subject to the tax at the parents’ marginal rate?

A) Nancy’s

B) Nancy’s and Mark’s

C) Steven’s

D) Jennifer’s and Nancy’s

A

A) Explanation

Nancy is the only child up to and including age 18 with unearned income in excess of $2,200 for 2020. Earned income is not subject to taxation at the parental rate. Jennifer is not subject because she is not a full-time student. The kiddie tax applies to children under 19 years of age. It also applies to children under age 24 if they are full-time students. The kiddie tax does not apply if the child’s earned income exceeds one-half of the child’s support. A full-time student is an individual who is a full-time student for at least five calendar months during the tax year.

LO 3.2.1

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116
Q

Which of the following statements regarding the kiddie tax is CORRECT?

I. The kiddie tax provision limits income shifting by preventing families from transferring large amounts of unearned income to children and making the shift effective for income tax purposes.

II. If a child under the age of 19 has unearned income above a specified amount, the excess is taxed at the parents’ marginal tax rates for the year, rather than at the child’s marginal rate.

A) Neither I nor II

B) Both I and II

C) II only

D) I only

A

B) Explanation

Both statements are correct. The kiddie tax applies to unearned income for children under the age of 19 and full-time students until they reach age 24.

LO 3.2.1

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117
Q

Paul, age 16, is listed as a dependent on his parents’ income tax return. During 2020, he earned $2,600 from a summer job. He also earned $2,600 in interest and dividends from investments that were given to him by his uncle five years ago. How much of Paul’s income, if any, will be taxed to him in 2020 using his uncle’s marginal tax rate of 32%?

A) $2,000

B) $400

C) $2,600

D) $0

A

D)

Explanation

When applying the kiddie tax, the parents’ marginal tax rate is always used (regardless of the source of the property generating the unearned income). Therefore, none of the income is taxed to Paul using the uncle’s tax rate. The $400 of income ($2,600 − $2,200) is taxed to Paul at his parents’ marginal tax.

LO 3.2.1

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118
Q

Jim is planning to make a charitable contribution to a local university, a qualifying charitable organization. He is going to contribute a piece of real estate that he has owned for six years. The fair market value of the property is $80,000, and his basis in it is $55,000. He has an AGI of $120,000.

Jim wants to maximize the amount of charitable contribution deductions from the donation of the real estate. What is the amount of charitable contribution deduction that Jim may claim in the current year?

A) $55,000

B) $40,000

C) $36,000

D) $60,000

A

C)

Explanation

The gift of long-term capital gain (LTCG) property is generally based on the fair market value of the property. The university is a 50% organization, a public charity. LTCG property contributed to a 50% organization involves a 30% of AGI limitation, and 30% of $120,000 is $36,000. There is also a $44,000 carryforward for up to five years. Jim could have made a 50% election to maximize the current-year deduction, but that would have reduced his overall deductions. If Jim had made a 50% election, he could have deducted $55,000 in the current year. By forgoing the 50% election, he is allowed to deduct the full $80,000 fair market value—$36,000 this year and $44,000 over the next several years.

LO 3.2.2

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119
Q

Frank Swanson anticipates adjusted gross income of $80,000 during the current tax year. He is considering making a gift of real estate to the public university he attended. Frank’s adjusted basis in this real estate is $50,000. The real estate has a current fair market value of $70,000. Frank has owned the real estate for 19 months. If Frank donates the real estate, what is the maximum allowable charitable deduction Frank can receive for the current tax year?

A) $50,000

B) $40,000

C) $24,000

D) $70,000

A

B) Explanation

If Frank makes a 50% election, he must utilize the basis of the property but may deduct up to 50% of AGI. This yields a $40,000 current-year deduction with a $10,000 carryforward. If no 50% election were made, the deduction would be based on the fair market value of the property but would be limited to 30% of AGI, which is $24,000, with a $46,000 carryforward.

LO 3.2.2

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120
Q

Kris Swenson anticipates adjusted gross income of $100,000 for the current tax year. She is considering making a gift of a painting to the American Red Cross in the current tax year. Kris’s basis in the painting is $35,000. The painting has a current fair market value of $50,000. Kris has owned the painting for 15 years. If Kris does gift the painting to the American Red Cross this year, what is the maximum allowable charitable deduction she can receive in the current tax year?

A) $30,000

B) $35,000

C) $20,000

D) $50,000

A

B)

Explanation

The painting would be considered use-unrelated tangible personalty. The deduction for use-unrelated tangible personalty is limited to basis, with a 50% of AGI limitation. Thus, the current-year deduction is $35,000. If the painting had been donated to an art museum, for example, the contribution would be of use-related tangible personalty. Since the painting had been held for the long-term holding period, the deduction would have been $30,000 (long-term capital gain property to a 50% organization uses FMV with a 30% of AGI limitation) with a $20,000 carryforward.

LO 3.2.2

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121
Q

Kevin Riley anticipates adjusted gross income of $120,000 for the current tax year. He has made no charitable gifts during the year, but now he wants to give his church a stamp collection with a fair market value of $70,000. Kevin paid $38,000 for the collection five years ago. The collection is appreciated tangible personal property that is unrelated to the church’s exempt function. What is the maximum allowable charitable deduction Kevin can receive during the current year if he makes an immediate gift of the stamp collection?

A) $36,000

B) $24,000

C) $60,000

D) $38,000

A

D)

Explanation

The answer is $38,000. Since this is use-unrelated property, the allowable deduction is limited to his basis.

LO 3.2.2

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122
Q

Which of the following statements regarding charitable deductions by corporations is CORRECT?

The corporate statutes of most states permit corporations to make charitable contributions, and the Tax Code permits a charitable deduction for contributions by a corporation.

The charitable deduction is limited to a maximum of 20% of the corporation’s adjusted taxable income. In the event the contribution is in excess of 20% of the corporation’s adjusted taxable income, the balance can be carried forward for up to five years.

A) II only

B) I only

C) Neither I nor II

D) Both I and II

A

B)

Explanation

Statement II is incorrect because the charitable deduction is limited to a maximum of 10% of the corporation’s adjusted taxable income.

LO 3.2.2

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123
Q

In the current year, Jeff makes the following charitable donations:

Basis. FMV

Inventory used in Jeff’s business

(sole proprietor):$8,000. $6,000

Stock in ABC Co. (acquired 2 years ago):$10,000$40,000

Personal coin collection (acquired 10 years ago):$1,000.$7,000

The ABC stock was given to Jeff’s church, and the coin collection was given to the Boy Scouts of America. Both donees promptly sold the property for the stated FMV. Ignoring percentage limitations on AGI, Jeff’s maximum charitable contribution valuation for deduction purposes available for the current year is

A) $19,000.

B) $53,000.

C) $55,000.

D) $47,000.

A

D).

Explanation

Jeff’s maximum valuation for deduction purposes available for the current year is $47,000 as follows:

Inventory: $6,000 (as ordinary income property, limited to lesser of basis or FMV)

Stock in ABC Co.: $40,000 (the maximum possible deduction is FMV for this long-term capital gain property)

Personal coin collection: $1,000 (tangible personal property depends on dedicated use of property from standpoint of the charity; this is use-unrelated property because it was given to the Boy Scouts also limited to the lesser of basis or FMV)

LO 3.2.2

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124
Q

Charley lent his friend, Richard, $17,000 for a down payment on a home in a no-interest loan early in the current year. Charley had investment income of $750, and Richard had investment income of $1,200 in the same year. The federal interest rate is 3.5%. Richard has been making payments each month. What recommendations do you make for accounting for the loan made to Richard by Charley?

A) Imputed interest is calculated on the loan to Richard and is considered a gift to Richard from Charley.

B) Charley must develop an amortization schedule using the federal rate of 3.5% to account for Richard’s payments of principal and interest.

C) Because Charley’s investment income is less than $1,000 this year, no interest is imputed to the loan.

D) Because this is a gift loan greater than $10,000 but less than or equal to $100,000, no interest will be imputed to the loan.

A

A)

Explanation

In a gift loan, the amount of the imputed interest constitutes a gift from the lender to the borrower. For gift loans greater than $10,000 and less than or equal to $100,000, no interest is imputed if the borrower’s investment income for the year does not exceed $1,000. For a gift loan of more than $100,000, the prevailing federal rate of interest will be imputed. For this loan, Richard’s investment income exceeds $1,000 and interest will be imputed.

LO 3.3.1

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125
Q

Imputed interest on a below-market loan (with the IRS providing accepted loan rates) will be paid, unless the gift loan is

A) between friends.

B) from a corporation to a shareholder.

C) less than $10,000 and the gift loan recipient has less than $1,000 in interest income.

D) less than $5,000 and the loan recipient has no interest income.

A

C) Explanation

In a gift loan, the amount of the imputed interest constitutes a gift from the lender to the borrower. For gift loans greater than $10,000 and less than or equal to $100,000, no interest is imputed if the borrower’s investment income for the year does not exceed $1,000. For a gift loan of more than $100,000, the prevailing federal rate of interest will be imputed.

LO 3.3.1

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126
Q

Chris Burdick anticipates adjusted gross income of $200,000 for the current tax year. He contributed appreciated stock to the United Way. Chris’s adjusted basis in this stock is $50,000. The stock has a current fair market value of $140,000. Chris has owned the stock for 12 years. If Chris does gift the stock to the United Way, what is the maximum allowable charitable deduction he can receive in the current tax year?

A) $50,000

B) $100,000

C) $60,000

D) $140,000

A

C) Explanation

A gift of long-term capital gain property to a 50% organization is based on the FMV of the property, with the deduction for the current year limited to 30% of AGI.

LO 3.2.2

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127
Q

Claudia, who has an AGI of $40,000, wants to donate a portrait of an ancestor who served in the American Revolution to the museum in her town that houses a collection of Revolution Era items. Her basis in the portrait is $1,750, and it has a fair market value of $2,000. How much can she potentially deduct as a charitable contribution this year, assuming it is her only donation?

A) $1,750 (It is related-use capital gain property, so she must use basis.)

B) $2,000 (It is related-use capital gain property.)

C) $600 (The museum is a 30% organization, so she must use FMV.)

D) None (It is the portrait of a relative.)

A

B) Explanation

The portrait is related-use, capital gain property. Claudia may deduct an amount up to 50% of her AGI if she uses the basis of the painting and 30% of AGI if she uses FMV. As long as Claudia’s AGI is greater than $6,667, she can deduct the FMV of the portrait.

LO 3.2.2

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128
Q

Question #21 of 30

Question ID: 1247654

Marion donated a truck to the local food bank to use for picking up food donations. Marion had purchased the truck several years ago for $15,000, and it currently has a value of $3,400. Which of the following statements regarding the documentation Marion must have to support his charitable contribution of the truck is CORRECT?

A) A letter from the food bank thanking him for the donation of the truck is sufficient documentation.

B) The documentation must have the description of the property, the name of the receiving charitable organization, the date of the contribution, and the amount of the donation.

C) An appraisal must be attached to Marion’s income tax return for the year of the donation.

D) A noncash contribution under $5,000 needs no documentation to support the donation.

A

B) Explanation

The donor-taxpayer must have a canceled check, bank record, or a receipt from the donee organization to substantiate the deduction. The documentation must have the amount of cash or description of property, the name of the receiving charitable organization, the date of the contribution, and the amount of the donation. An appraisal is not required for noncash property over $500 and less than or equal to $5,000. However, taxpayers may wish to get an independent appraisal to support the deduction claimed.

LO 3.2.2

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129
Q

Nancy is a single taxpayer and 67 years old. She has the following itemized deductions:

Home mortgage interest (first mortgage)$15,950

State income taxes$3,120

Property taxes$1,480

Charitable contributions$2,000

Gambling losses$1,500

Unreimbursed employee business expenses$4,600

Tax return preparation fee$400

Medical expenses$18,980

Nancy’s AGI for 2020 is $250,000. Included in the AGI is $500 of gambling winnings. What amount of Nancy’s itemized deductions would be allowed for purposes of the AMT?

A) $18,950

B) $18,680

C) $17,950

D) $34,950

A

B) Explanation

Of the itemized deductions listed, only the qualifying home mortgage interest of $15,950, the charitable contributions of $2,000, and the gambling losses to the extent of winnings of $500, and the $230 of medical expenses are allowable for purposes of the AMT. The medical expenses are deductible to the extent they exceed 7.5% of AGI for both regular and AMT purposes.

LO 3.3.2

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130
Q

Your clients, Joseph and Jane, have read many articles in financial publications about the alternative minimum tax (AMT) and are concerned that some of their investments and activities may cause AMT problems. Which of the following are preference items or adjustments for purposes of the individual AMT?

I. Interest from qualified private-activity municipal bonds issued in 2008

II. Bargain element on the exercise of an incentive stock option

III. Excess of percentage depletion over the property’s adjusted basis

IV. Cost depletion deductions

A) I, II, III, and IV

B) II, III, and IV

C) I, II, and III

D) I and IV

A

C)

Explanation

By definition, the only listed item that is not an AMT preference item or adjustment is the cost depletion deduction. Note that interest on private-activity municipal bonds issued in 2009 and 2010 is not a preference item for the AMT.

LO 3.3.2

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131
Q

Question #24 of 30

Question ID: 1273794

Which of the following are preference items or adjustments for purposes of the individual alternative minimum tax?

I. Interest on qualified private-activity municipal bonds issued in 2008

II. Excess of percentage depletion over the property’s adjusted basis

III. Investment interest expense in excess of net investment income

IV. Qualified housing interest

A) I, II, III, and IV

B) I and II

C) II and III

D) I only

A

B)

Explanation

By definition, investment interest expense in excess of net investment income and qualified housing interest are not preference items or adjustments for purposes of the alternative minimum tax. Remember that interest on qualified private-activity municipal bonds issued in 2009 and 2010 is not a preference item.

LO 3.3.2

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132
Q

Which of the following are allowable itemized deductions for purposes of computing the alternative minimum tax?

I. Charitable deductions

II. Qualified housing interest

III. Gambling losses to the extent of gambling winnings

IV. Property taxes

A) II, III, and IV

B) I and III

C) I and II

D) I, II, and III

A

D) Explanation

Statement IV, property taxes, is the only itemized deduction listed that is not allowed for AMT purposes. State and local income taxes are also disallowed.

LO 3.3.2

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133
Q

Which of the following itemized deductions would be adjustments to regular taxable income in arriving at alternative minimum taxable income (AMTI)?

I. Casualty losses

II. State income taxes paid

III. Standard deduction

IV. Charitable donation made to the local university

A) I and III

B) II and III

C) II, III, and IV

D) I and IV

A

B) Explanation

Statement I is incorrect because casualty losses are deductible for both regular tax and AMT; no adjustment is necessary. Statement II is correct because state taxes are not deductible for AMT purposes. Statement III is correct because the standard deduction is a positive adjustment when calculating AMT income. Statement IV is incorrect because charitable contributions are deductible for both regular income tax and AMT; no adjustment is necessary.

LO 3.3.2

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134
Q

Which of the following tax preference items are used in calculating the alternative minimum tax (AMT) for an individual?

I. Tax-exempt income from a State of Louisiana general obligation municipal bond

II. Percentage depletion in excess of basis on a mining property

III. Tax-exempt interest on a private-activity bond issued in 2012

IV. Exclusion of gain on the sale of certain qualified small business corporation stock

A) I only

B) I, II, and III

C) II, III, and IV

D) I, II, III, and IV

A

C) Explanation

Tax-exempt income from a general obligation municipal bond is not a preference for AMT. All of the other items are tax preference items for AMT purposes.

LO 3.3.2

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135
Q

Marvin has all of the following items. All of them are AMT preference items except

A) tax-exempt income from a State of Iowa municipal revenue bond.

B) tax-exempt interest on certain private-activity bonds.

C) percentage depletion in excess of adjusted basis on a mining property.

D) exclusion of gain on the sale of certain qualified small business corporation stock.

A

A)

Explanation

Tax-exempt income from a municipal revenue bond is not a preference for AMT. All of the other items are preferences for AMT purposes.

LO 3.3.2

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136
Q

Which of the following statements regarding the alternative minimum tax (AMT) or AMT planning are CORRECT?

I. The AMT reduces the tax benefits from certain types of deductions and tax preferences allowable for regular income tax purposes.

II. The starting point for determining alternative minimum taxable income (AMTI) is AGI as reported for regular income tax purposes.

III. It is generally advantageous to defer the payment of real estate taxes to a future year when AMT will be paid in the current year.

IV. It is generally advantageous to accelerate ordinary income into years when AMT will be paid.

A) I and III

B) I, II, and IV

C) I, III, and IV

D) III and IV

A

C) Explanation

The IRS notes that the starting point for determining AMTI is taxable income as reported for regular income tax purposes on a taxpayer’s IRS Form 1040. Because real estate taxes are not deductible for AMT purposes, it is generally advantageous to defer the payment of such taxes to a year when AMT will probably not be payable. Also, if AMT will be payable in the current year, it is generally advantageous to increase the amount of regular taxable income (e.g., by accelerating ordinary income into the current year) because the total tax payable will likely not be affected by doing so.

LO 3.3.2

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137
Q

Jack bought publicly traded stock seven years ago for $6,000. Its current value on the securities market is $11,000. He has donated this appreciated stock to a charity that provides housing for the homeless. What must Jack do to take the donation as a charitable deduction?

I. Jack must have documentation from the charity substantiating the amount of the donation, the date donated, and the name of the charity.

II. All donations of stock must have a qualified appraisal of the stock attached to the donor’s income tax return.

A) Neither I nor II

B) II only

C) Both I and II

D) I only

A

D) Explanation

Statement I is correct. In additional, the taxpayer must be in receipt of this documentation by the due date of the return or when the return is filed. Statement II is incorrect because it reads “all” donations of stock must have a qualified appraisal. A qualified appraisal is not required for closely held stock if the amount donated is less than $10,000. The appraisal itself is not attached to the tax return.

LO 3.2.2

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138
Q

Colin and Lucy are meeting with their financial planner, Mark, before the tax year ends to discuss changes in their situation. In March of this year, Lucy’s mother, Joyce, suffered a stroke and required placement in a nursing home. She did not have the funds to pay for it and it fell to the couple to support her stay until her death in November of this year. They would like to know what tax relief they may have for supporting Joyce this year. What should Mark tell the couple?

A) The couple can take a partial tax credit for Joyce this year.

B) Mark should ask for documentation to establish Joyce’s income, the amounts spent on her own support, and how much the couple spent before he provides any recommendations.

C) The couple is assured of at least being able to list Joyce on their tax return this year.

D) Because they paid nursing home expenses for Joyce, the couple is entitled to the dependent care credit on their tax return.

LO 4.2.1

A

B)

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139
Q

Which of the following is CORRECT concerning married individuals filing a joint income tax return?

I. Legally married spouses may file a joint return even though one spouse has no income or deductions.

II. Legally married spouses’ tax years must begin on the same date.

III. Legally married spouses are not legally separated under a decree of divorce or separate maintenance on the last day of the calendar year.

IV. Neither legally married spouse is a nonresident alien at any time during the year.

A) II and III

B) I, II, and IV

C) IV only

D) I, II, III, and IV

A

D)

Explanation

All statements are required for legally married spouses to file a joint income tax return.

LO 4.1.1

PREV

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140
Q

Lisa owns a fourplex in which she lives and rents out two of the other three units for $1,200 per month each. Her parents, who are both age 70 and retired, live in the fourth unit and do not pay Lisa any rent. Residents pay their own utilities. Lisa has asked her financial planner how this arrangement with her parents will affect her income tax return. What should her planner tell her?

A) The planner needs to know how much this rent makes up the total support of her parents and if any other amounts are paid for their care and support by Lisa before making any recommendations.

B) Living rent-free with their daughter does not mean she is providing any support to them.

C) The $14,400 of foregone rent constitutes support, and Lisa may use the head of household filing status.

D) Because the parents are not the planner’s clients, a determination cannot be made.

A

A)

Explanation

To make a determination on whether or not Lisa’s parents are her dependents, the planner needs complete information of how much Lisa has paid, if anything, in addition to the foregone rent for their support and what percentage that is of her parents’ total support.

LO 4.2.1

PREV

141
Q

Ruth and Doug divorced last year. They have two children, ages 7 and 9. Their divorce decree states that Ruth has custody of both children. There is no written agreement for listing the children as dependents on their returns. However, Doug provides 75% of the child support, amounting to $15,000 per year. Based on this information, which parent is entitled to show the children as dependents on their income tax returns?

A) Ruth, because she has custody and there is no written agreement that Doug could claim the children

B) Doug, because he provides over half of the child support

C) Ruth, because the court awarded her custody of the children

D) Doug, because he provides at least $1,200 per year for the children’s support and Ruth cannot prove she contributes more than this amount

A

A)

Explanation

The parent with custody for a greater portion of the year is treated as providing more than half of a child’s support, where the child receives more than half of his total support for the year from either or both parents who are divorced.

LO 4.2.3

PREV

142
Q

Which of the following is necessary for a premarital agreement to be valid and enforceable?

A) Both signatories must utilize the same attorney.

B) It must be in writing.

C) The agreement may be oral or in writing.

D) It may be holographic.

A

A)

Explanation

To be valid, a prenuptial agreement must be in writing, witnessed, and reviewed by an attorney. Each party should obtain independent counsel.

LO 4.1.2

PREV

143
Q

As part of their divorce, Phil must pay Jane $10,000 per year for five years in a property settlement agreement. Phil offers to pay her a lump sum today of $40,000. Assume a discount rate of 10%. Assume all payments are to be made at the beginning of each year. Which of the following is true?

A) Jane should demand Phil increase his payments to account for income tax.

B) Jane should make a counteroffer and ask Phil to simply surrender his sports sedan, which originally cost $50,000 five years ago.

C) Jane should reject this offer.

D) Jane should accept this offer.PREV

A

C)

Explanation

The present value of the installment option is $41,698. Jane would therefore be better off accepting the payments over the next five years. As a wasting asset, it is highly unlikely Jane could sell the car for its original fair market value of $50,000. Property settlements incident to a divorce are not subject to income tax.

LO 4.2.2

144
Q

As part of their divorce, Stan must pay Shawn $20,000 per year for five years in a property settlement agreement. Stan offers to pay her a lump sum today of $75,000. Assume a discount rate of 10%. Assume all payments are to be made at the beginning of each year. Which of the following is true?

A) Shawn should make a counteroffer and ask Stan to simply surrender his sports sedan, which originally cost $100,000 seven years ago.

B) Shawn should reject this offer.

C) Shawn should demand Stan increase his payments to account for income tax.

D) Shawn should accept this offer.

A

B) Explanation

The present value of the installment option is $83,397. Shawn would therefore be better off accepting the payments over the next five years. As a wasting asset, it is highly unlikely Shawn could sell the car for its original fair market value of $100,000. Property settlements incident to a divorce are not subject to income tax.

LO 4.2.2

PREV

145
Q

Barbara and Morgan were divorced last year and have a child age 13. The court ruled that Barbara must pay Morgan $2,000 per month to cover both alimony and child support. The divorce decree states that 70% of each payment is allocated for child support and the payments must last for five years. Based on this information, which of the following statements is CORRECT?

A) Barbara can deduct $1,400 per month as alimony.

B) Barbara cannot take a deduction.

C) Barbara can deduct $1,400 per month as child support.

D) Barbara can deduct $600 per month as child support.

A

B) Explanation

Beginning in 2019, alimony payments are no longer deductible by the payor.

LO 4.2.3

PREV

146
Q

Mavis and Bennet are married and file jointly. Mavis earns $30,000 and Bennet earns $70,000. What percentage of the tax liability does each spouse owe?

A) Depends on the percentage of income

B) 50% for each spouse

C) 100% for each spouse

D) Bennet earns the most, so he owes 100%

A

C)

Explanation

Under the rule of joint and several liability, each spouse owes 100% of the tax liability, no matter who earned the income or in what proportion.

LO 4.1.1

PREV

147
Q

Which of the following is necessary for a premarital agreement to be valid and enforceable?

A) It cannot include complete disclosure of the assets of both parties.

B) Signatories cannot be greater than 37½ years apart in age.

C) It must include contractual obligations about who is responsible for house cleaning.

D) It cannot have been signed under duress.

A

D) Explanation

A premarital agreement cannot be signed under duress. The age disparity of the signatories is not in and of itself relevant. It must include full disclosure of assets. It cannot include contractual obligations, such as who is responsible for house cleaning.

LO 4.1.2

PREV

148
Q

Which of the following statements regarding items of gross income is CORRECT?

I. Alimony or separate maintenance payments are includible in the gross income of the payee and are deductible for income tax purposes from the gross income of the payor if the divorce was finalized prior to January 1, 2019.

II. Child support payments are includible in the gross income of the payee and are deductible for income tax purposes from the gross income of the payor.

A) Neither I nor II

B) II only

C) Both I and II

D) I only

A

D) Explanation

Payments for child support are not deductible by the payor and are not included in gross income for the payee.

LO 4.2.3

PREV

149
Q

Which of the following married couples may file their federal income tax return using the married filing jointly (MFJ) status?

A) Paul and Josie will be married next year on New Year’s Day.

B) Mark and Beth are both self-employed and have different fiscal years to accommodate their businesses.

C) Terry and Edie divorced last year but did not move into separate homes until November of this year.

D) Sara has income for the tax year but Jack does not.

A

D) Explanation

Because Mark and Beth have different fiscal years to accommodate their businesses, their tax years do not begin on the same date, and they may not file as MFJ. In order to use the MFJ status, a couple must be legally married on the final day of the tax year.

LO 4.1.1

150
Q

Which of the following taxpayers may use the married filing jointly filing status?

A married couple, even though one spouse did not have any income during the tax year

A married couple that is legally separated on the last day of the tax year if they share custody of a dependent child

A married couple that is legally separated on the last day of the tax year

A married couple that is not legally separated on the last day of the tax year

A) I and IV

B) I, II, and III

C) I, II, and IV

D) I and IV

A

D)

Explanation

A married couple may file a joint return even though one spouse has no income or deductions if they are not legally separated or divorced on the last day of the tax year.

LO 4.1.1

151
Q

When spouses who are legally married use the married filing jointly filing status, what is their liability for the combined income tax owed?

A) Each spouse has joint and several liability for payment of the entire tax.

B) Each spouse has liability for the tax due in proportion to their earnings reported on the return.

C) A nonworking spouse has no liability for the tax owed.

D) Each spouse owes 50% of the tax due.

A

A)

Explanation

When filing in this manner, spouses have joint and several liability for the payment of tax, meaning each spouse is responsible for the entire tax and not just half.

LO 4.1.1

152
Q

Ron, age 43, and Sandy, age 41, are married with two children: Michael, age 12, and Victoria, age 8, who has been blind since her birth. Ron is an architect and general partner with XYZ partnership. Sandy is self-employed as an attorney and works out of a home office. Her home office is exclusively and regularly used for business, and the home office is her principal place of business. Their information for the tax year 2020 is as follows:

Adjusted gross income: $217,300

Itemized deductions (including qualified residential mortgage interest, taxes paid, and charitable contributions): $33,000

Early in the current year, Sandy’s father died. Sandy is the sole beneficiary of her father’s entire estate. The estate is presently in the probate process. Sandy’s mother, Lisa, age 68, has moved in with them but provides her own support. She was married to Sandy’s father when he died earlier this year.

This is Ron’s second marriage. He makes monthly support payments to his former spouse and his daughter.

Because both Ron and Sandy are considered to be self-employed, they make quarterly estimated tax payments each year to cover both their income tax and self-employment tax obligations.

Based on the information provided in the case scenario, which of the following statements regarding Lisa’s income tax filing status for 2020 is CORRECT?

A) Lisa may file as head of household for 2020.

B) Lisa must file married filing separately for 2020.

C) Lisa may file married filing jointly for 2020.

D) Lisa must file a single return for 2020.

A

C) Explanation

Because Lisa’s spouse died earlier in the year, she may use married filing jointly status for 2020. She cannot use the head of household filing status because she does not maintain a household for a qualifying child or relative.

LO 4.1.1

153
Q

Question #5 of 30

Question ID: 1247711

What important information could you tell your nonresident client (married to a U.S. citizen) about electing to be treated as a resident alien for tax purposes?

You will need to pay taxes only on your U.S. income.

You will need to pay taxes on your worldwide income.

This will create an immigration benefit.

You should obtain an individual taxpayer identification number (ITIN) or Social Security number.

A) I only

B) II and IV

C) I and IV

D) II, III, and IV

A

B)

Explanation

If married to a U.S. citizen or resident alien, the nonresident alien can elect to be treated as a resident alien for tax purposes only. Tax status does not necessarily reflect immigration status. If this election is made, the couple must pay U.S. taxes on their worldwide income. In this situation, the nonresident alien spouse should obtain an Individual Tax Identification Number (ITIN). Depending on their individual situation and intentions, they may apply for a Social Security number with the Social Security Administration.

LO 4.1.1

154
Q

Which of the following are characteristics of a valid and enforceable premarital agreement?

I. It may be orally executed by the parties that are affected.

II. There should be a full and complete disclosure of each party’s net worth prior to signing.

III. It may be used to regulate an award of alimony upon divorce of the parties.

IV. There should be a written agreement with the willingly executed signatures of both parties.

A) II and IV

B) III and IV

C) II and III

D) I and II

A

A) Explanation

To be valid, a premarital agreement must be in writing and contain a complete disclosure of each party’s financial situation. It may not be used to regulate an award of alimony.

LO 4.1.2

155
Q

Which of the following is necessary to include in a premarital agreement?

A) Financial resources and net worth of both parties

B) Financial resources and net worth of the less wealthy party

C) Financial resources and net worth of the more wealthy party

D) Intentions to facilitate a divorce

A

A) Explanation

To be valid, a premarital agreement must be in writing and contain a complete disclosure of each party’s financial situation. It may not be used to regulate an award of alimony.

LO 4.1.2

156
Q

Which of the following would result in higher taxation of one party with a premarital agreement?

A) Transfer under the agreement is treated as a gift

B) Transfer under the agreement is treated as an estate

C) Transfer for consideration is made

D) Transfer for premarital is made

A

C) Explanation

The income tax consequences of the premarital agreement depend in large part upon whether the transfer under the agreement is treated as a gift (where income tax is avoided) or as a transfer for consideration (which will probably result in the recognition of significant income by one party).

LO 4.1.2

157
Q

John and Karen will spend $7,000 on day care for their two children (ages 9 and 10) in the current tax year. These expenses were incurred to allow both John and Karen to work outside the home. Their adjusted gross income is estimated at $138,000. What is the amount, if any, of child care credit to which they are entitled?

A) $480

B) $1,200

C) $960

D) $1,400

A

B)

Explanation

The maximum amount of qualifying expenditures on which the credit may be based is $3,000 per child, or $6,000 for two or more children. This is multiplied by 20% for taxpayers with an AGI greater than $43,000. Thus, $6,000 × 20% = $1,200.

LO 4.2.1

158
Q

Max and his mother, Lucy, live together in his home. Lucy is bedridden, and Max must pay a caregiver to provide meals and other aid during the day so he can leave the house and work. He pays $5,000 annually for this service. His mother has no income, and he is her full support. What tax relief may be available to Max for the expenses of caring for his elderly mother?

I. A greater standard deduction amount

II. Child and dependent care credit

A) Neither I nor II

B) II only

C) Both I and II

D) I only

A

C) Explanation

Max is entitled to both the standard deduction amount for the head of household filing status and the child and dependent care tax credit, subject to the limits based on Max’s AGI.

LO 4.2.1

159
Q

Question #11 of 30

Question ID: 1247733

Now that their parents have died, Joseph is assuming the responsibility for the care of his 25-year-old disabled sister. Joseph has told his financial planner there is a trust for his sister to provide funds sufficient for her to live in an assisted-living facility or to reimburse him for the cost of an at home caregiver and his sister’s other expenses if she stays in his home. He would prefer for his sister to live with him but does not want to cause her any problems with tax issues on any income she gets if she does. His sister is adamant that she does not want to be anyone’s dependent. What advice can the planner give to Joseph?

I. If his sister’s income from the trust is paying for all of her needs, then she is not a dependent on anyone’s income tax return.

II. If Joseph’s sister lives in an assisted-living facility, she cannot be a dependent of Joseph.

A) Neither I nor II

B) I only

C) Both I and II

D) II only

A

B) Explanation

Statement I is correct. If all of his sister’s support is paid for by funds she receives from the trust, she cannot be a dependent of Joseph. Statement II is incorrect. Simply not living with Joseph does not preclude him from listing his sister as a dependent. If Joseph provided more than half of the support for his sister, he would be allowed to list her as a dependent and take any tax credits that may be available.

LO 4.2.1

160
Q

Max is a widower who provides a home for himself and his dependent six-year-old daughter, Lucy. He has hired an individual to pick his daughter up from school each day, bring her home, cook dinner, and perform some housekeeping services until he gets home four hours later. He pays $1,600 per month for the service. How will this affect Max’s income tax return?

Max may be entitled to a child and dependent care credit.

Max qualifies to list Lucy on his income tax return as a dependent.

Because Lucy attends school during the day, the child or dependent care credit is not available.

Max must allocate the $1,600 per month between child care and housekeeping services.

A) II only

B) I and IV

C) II, III, and IV

D) I and II

A

D) Explanation

School attendance does not affect the availability of the credit. The $1,600 in expenses incurred each month to enable Max to work outside the home do not have to be divided between child care and housekeeping services.

LO 4.2.1

161
Q

Question #13 of 30

Question ID: 1247735

Trudy is a single taxpayer. Her Aunt Diane has come to live with her after it was determined she could no longer live independently. She is physically challenged and needs full-time care. Diane’s deceased parents set up a trust for her that supplies all of her support, including paying for in-home care and all medical bills. Trudy wants to know how this will affect her own income tax situation. What does the planner tell her?

A) Trudy’s filing status changes to head of household.

B) Diane is Trudy’s qualifying relative.

C) Trudy must file as single.

D) Trudy may list Diane as a dependent on her tax return.

A

C)

Explanation

Because the trust pays for all of Diane’s support, Trudy’s income tax return is unaffected and she will file as single.

LO 4.2.1

162
Q

Macy, age 22 and disabled, has been living with her older brother, Leon, since last December when their parents died in an auto accident. Leon has been providing all of her support as her share of the life insurance benefit was put into a trust for her college education. Leon is asking his planner about Macy’s status as a qualifying relative because her life insurance benefit was $250,000. He hopes to use the head of household status this year. What does the planner tell him?

A) Leon cannot list Macy as a dependent and claim head of household status.

B) Only the trust can list Macy as a dependent on its return.

C) Even though Leon supported Macy, Leon cannot list her as a dependent because her insurance benefit was so large.

D) Because Leon provided all of Macy’s support this year, he may claim her as a dependent.

A

D)

Explanation

Because Leon provided all of Macy’s support this year, he can claim her as a dependent and claim head of household status.

LO 4.2.1

163
Q

Which of the following must be true for someone to be claimed as a dependent for another taxpayer?

I. A dependent may not have more than $4,300 (2020) of gross income.

II. The taxpayer must provide over 75% of the dependent’s support.

III. A person who dies during the year may be identified as a dependent.

IV. Social Security payments are always included in the dependent’s gross income.

A) I and III

B) II and IV

C) III and IV

D) I and II

A

A)

Explanation

A dependent may not have more than $4,300 (2020) of gross income. Social Security income is excluded from the test if that is the elder’s only source of income. The taxpayer must also provide over 50% of the dependent’s support to claim them. Coincidentally, as long as all the tests are met, a person who dies during the year may still be identified as a dependent.

LO 4.2.1

164
Q

As part of the property settlement after Lori and Gordon divorced, Gordon transferred ownership of a life insurance policy to Lori. Lori is the beneficiary of the policy, and Gordon is the insured. Which of the following statements regarding the property settlement is CORRECT?

I. The transfer of the life insurance policy is subject to the transfer-for-value rule.

II. The death proceeds of the policy will be income tax free at Gordon’s death.

A) I only

B) Neither I nor II

C) II only

D) Both I and II

A

C)

Explanation

Statement I is incorrect; the transfer-for-value rule does not apply when a life insurance policy is transferred from one spouse to the other under a property settlement incident to divorce. Statement II is correct.

LO 4.2.2

165
Q

Which of the following statements regarding installment payments pursuant to a divorce is CORRECT?

I. It is usually in the best interest of the payor to spread the amount of payments over as many years as possible to take advantage of the time value of money.

II. It is usually in the payee’s best interest to immediately receive as much money as possible rather than receiving payments over a longer period.

A) II only

B) Neither I nor II

C) I only

D) Both I and II

A

D)

Explanation

A common issue that arises in the settlement of divorce proceedings is how payments are best structured in resolution of marital obligations. As a general rule, it is usually in the best interest of the payor to spread the amount of payments over as many years as possible to take advantage of the time value of money. Alternately, the payee’s best interests are served by immediately receiving as much money as possible rather than receiving payments over a longer period.

LO 4.2.2

166
Q

As part of their divorce decree, Judy, age 44, was forced to split her IRA with Alex, age 36. Alex received a check in April for $100,000 from the IRA custodian. Alex put the proceeds into a one-year CD account at the local bank. As a result, Alex will

A) have to pay ordinary income tax on the $100,000.

B) not have to pay income tax, but Judy will owe gift tax.

C) not have to pay ordinary income tax on the $100,000.

D) have to pay ordinary income tax on the $100,000 plus a 10% early withdrawal penalty.

A

A)

Explanation

Although the transfer itself is tax free, Alex should roll the assets distributed from Judy’s IRA within 60 days into his own IRA or retirement plan. Because he failed to do so, he owes ordinary income tax on the entire distribution. When incident to a divorce, domestic relations orders (DROs) are however not subject to gift tax or early withdrawal penalties.

LO 4.2.2

167
Q

Lois, age 29, and Clark, age 31, recently divorced. Lois is taking custody of their three children ages four, two, and one. Clark will pay alimony and child support of $1,000 per month. They live in a state that requires alimony payors to obtain a life insurance policy. Clark obtained a group term life policy for $50,000 through his employer to meet this obligation. Clark’s lawyer claims this satisfies his legal obligation. Which of the following should a financial planner recommend to Lois?

A) She should demand his employer increase the coverage.

B) She should accept the settlement as adequate.

C) She should demand an increase in coverage and request a permanent policy.

D) She should inquire if she can take loans against the cash value for future college tuition payments.

A

C)

Explanation

Clark is underinsured given his legal obligations. Lawyers are not financial planners and generally are not trained to calculate life insurance coverage needs. Consequently, they often settle for an amount of life insurance that is too low. Term policies do not have cash value. If Clark leaves his employer, the term policy will most likely be canceled, which would compel Lois to take Clark back to court.

LO 4.2.2

168
Q

Which of the following statements concerning alimony is CORRECT?

A) No payments except cash can be considered alimony.

B) Cash payment of the payee spouse’s mortgage made by the payor spouse as required by the divorce or separation instrument qualify as one-half alimony.

C) Payments made with respect to jointly owned property are considered full alimony.

D) Payments to maintain property used by the payee spouse but owned by the payor spouse do not qualify as alimony.

A

D).

Explanation

Cash payment of the payee spouse’s mortgage, rent, tuition, or tax liability made by the payor spouse as required by the divorce or separation instrument may qualify as alimony. Payments to maintain property used by the payee spouse, but owned by the payor spouse, do not qualify as alimony, even if required under the instrument. Payments made with respect to jointly owned property are considered one-half alimony. These property-related expenditures may include mortgage payments, real estate taxes, and homeowners insurance.

LO 4.2.3

169
Q

Jack and Emily are legally separated on December 31 this year. Jack earned $40,000 this year, and Emily earned $80,000. They live in a common law state and have no dependents. They have come to a tax preparer to determine how they must file their income taxes this year. What does the planner tell them?

A) They must file as MFS, each reporting their own income.

B) They may file as MFJ as they were not legally separated until the end of the year.

C) They must file as single, each reporting $60,000 (half of the total of $120,000) in income.

D) They must file as single, each one reporting their own income.

A

D)

Explanation

Single (S) filing status is used by an unmarried, legally separated, or divorced individual who does not qualify for any other filing status.

LO 4.2.3

170
Q

Bob and Bonnie were divorced in 2016. As a result of a court order, Bob pays Bonnie $700 per month in alimony. He makes each month’s payment with a money order. Earlier this year, Bonnie moved in with Bob, and they now share a two-bedroom apartment. Which of the following statements is accurate concerning the alimony payments by Bob?

A) The payments are not deductible because the payments must be in cash.

B) The payments are deductible because they are equal each year of the agreement.

C) The payments are not deductible because the taxpayers are living together at the time of payment.

D) The payments are deductible because they are being made as a result of a court order.

A

C)

Explanation

The requirement that the payments be in cash means that the payments may not be in the form of property. Payments are not necessarily deductible just because they are a result of a court order; there are other requirements that must be met as well. One of those requirements to have qualifying alimony is that the taxpayers must not be living together at the time of payment. The payments do not need to be equal each year. However, unequal and declining payments can trigger the alimony recapture (excess front-loading) rules.

LO 4.2.3

171
Q

Dan and his spouse, Gina, were divorced almost four years ago. Under the terms of the decree, Dan must pay Gina 10% of his net business income each year for five consecutive years. Dan made alimony payments of $60,000 in his first post-separation year, $35,000 in the second year, and $5,000 in the third year. What is the tax result of the alimony payments made to Gina?

A) None of the payments are deductible because the excess front-loading rules are violated.

B) All of the alimony payments are deductible because the front-loading rules do not apply to amounts tied to business profits.

C) $47,500 of the payments must be recaptured due to the front-loading rules.

D) $15,000 of the payments is deductible because of the limit imposed by the front-loading rules.

A

B) Explanation

Payments that fluctuate because of a continuing liability to pay a fixed portion of income from business, property, or services are not subject to the excess front-loading rules.

LO 4.2.3

172
Q

Larry and Pam are married and will file a joint return for the 2020 tax year. Pam is an active participant in a company-maintained retirement plan, but Larry is not. They have provided you with the following information. Pam’s divorce was finalized in 2018.

Larry’s salary$70,000 Larry’s IRA contribution$6,000

Pam’s salary$65,000 Pam’s IRA contribution$6,000

Alimony payments to Pam’s ex-spouse$9,600

Itemized deductions$15,000

Based on the information given, what is their taxable income for the 2020 tax year?

A) $94,600

B) $107,400

C) $100,900

D) $89,900

A

A)

Explanation

The $135,000 in salaries is reduced by the alimony payment of $9,600 and Larry’s IRA contribution of $6,000 to give an AGI of $119,400. The AGI is reduced by the greater of the itemized deductions ($15,000) or the standard deduction ($24,800 in 2020) to leave $94,600. Pam’s IRA contribution is nondeductible because the MAGI exceeds the phaseout range of $104,000 to $124,000. Because the MAGI is less than $196,000, Larry may still deduct his full IRA contribution. Note that the MAGI ($125,400 in this situation) is the AGI computed without regard to the IRA deduction itself. The AGI phaseout limits for active participants will be provided on the exam.

LO 4.2.3

173
Q

Brent and Sheila are married and will file a joint return. They have provided you with the following information.

Brent’s salary$80,000

Sheila’s salary$65,350

Alimony payments to Brent’s ex-spouse$20,000

Brent’s child support paid$12,000

Itemized deductions$13,000

Brent’s divorce from his prior marriage was finalized in 2016. Based on the information given, what is their taxable income for the 2020 tax year?

A) $88,550

B) $100,550

C) $112,250

D) $111,550

A

B)

Explanation

The $145,350 in salaries is reduced by the alimony payment of $20,000 to give an AGI of $125,350. The AGI is reduced by the greater of the itemized deductions ($9,000) or the standard deduction ($24,800 in 2020) to equal $100,550. The child support paid is not a deductible item.

LO 4.2.3

174
Q

Ron, age 43, and Sandy, age 41, are married with two children: Michael, age 12, and Victoria, age 8, who has been blind since her birth. Ron is an architect and general partner with XYZ partnership. Sandy is self-employed as an attorney and works out of a home office. Her home office is exclusively and regularly used for business, and the home office is her principal place of business. Their information for the tax year 2020 is as follows:

Adjusted gross income: $217,300

Itemized deductions (including qualified residential mortgage interest, taxes paid, and charitable contributions): $33,000

Early in the current year, Sandy’s father died. Sandy is the sole beneficiary of her father’s entire estate. The estate is presently in the probate process. Sandy’s mother, Lisa, age 68, has moved in with them but provides her own support. She was married to Sandy’s father when he died earlier this year.

This is Ron’s second marriage. He makes monthly support payments to his former spouse and his daughter.

Because both Ron and Sandy are considered to be self-employed, they make quarterly estimated tax payments each year to cover both their income tax and self-employment tax obligations.

Ron’s divorce decree specifies that the payment made to his former spouse is $300 per week until his former spouse dies, at which point payments will continue to be made to her estate until her daughter is age 18. Based on the information provided in the case scenario for Ron and Sandy, what amount per week is considered to be alimony?

A) $50

B) $300

C) $150

D) $0

A

D) Explanation

If there is an obligation to continue to make payments after the death of the ex-spouse, the payments are not treated as alimony.

LO 4.2.3

175
Q

Which of the following statements regarding alimony paid under a 2020 divorce agreement is CORRECT?

A) The divorced couple may be members of the same household at the time the alimony is paid.

B) Alimony may be paid in either cash or property.

C) Alimony is deductible by the payor spouse, and includible in income by the payee spouse, to the extent that the payment is contingent on the status of the divorced couple’s children.

D) Alimony payments must terminate on the death of the payee spouse.

A

D)

Explanation

Payments to former spouses are no longer deductible and are considered alimony only if

the payments are made in cash (and not property);

the decree does not specify that the payments are not alimony for federal income tax purposes;

the payor and payee are not members of the same household at the time that the payments are made; and

there is no liability to make the payments for any period after the death of the payee.

LO 4.2.3

176
Q

Paul was divorced from his spouse, Pat, late in 2020. As part of the property settlement agreement, Paul agreed to transfer his interest in a residential rental property to Pat in exchange for release of marital claims. Paul’s cost basis in this real estate tract was $50,000. The tract was appraised at a fair market value of $100,000 at the time of its transfer to Pat. Which of the following is an income tax implication of Paul’s transfer of the real estate tract to Pat?

A) Paul is allowed a deduction equal to the excess of the fair market value over his basis in the property.

B) Paul’s basis in the real estate is carried over to Pat for income tax purposes.

C) Pat receives a basis in the real estate equal to the fair market value at the time of transfer.

D) Paul must recognize the gain on the real estate at the time of transfer as ordinary income.

A

B)

Explanation

When there is a transfer of property incident to divorce, the basis simply carries over to the other spouse. The transfer is not a taxable event. Pat will likely owe capital gains tax when disposing of the property.

LO 4.2.3

177
Q

Gary has just divorced. He is asking his planner, Ruth, for recommendations of amending his financial plan given his newly single status. Which of the following recommendations should Ruth make?

I. Gary should review the beneficiary designations on his life insurance policies to be certain the beneficiaries are in line with his wishes post-divorce.

II. Ruth should ask for any documentation on property settlements and other court-ordered financial transactions.

III. Ruth should inquire whether a qualified domestic relations order was issued by the court and obtain a copy to ascertain its effect on Gary’s financial plan.

IV. Ruth should inform Gary that the transfer-for-value income tax rule makes the transfer of any life insurance policies a taxable event.

A) I and IV

B) III only

C) I, II, and III

D) II and IV

A

C)

Explanation

Statement IV is incorrect. The transfer-for-value income tax rule does not apply in situations when a life insurance policy is transferred from one spouse to another as a result of a property settlement.

LO 4.2.3

178
Q

Eleven months ago, Lynnette received 1,000 shares of stock from her uncle, Joseph. Joseph purchased the stock eight years ago for $12 per share. The fair market value on the date of the gift to Lynnette was $9 per share, and she sold the stock today for $5 per share. What is the amount and character of Lynnette’s loss from the sale of the stock?

A) $3,000 short-term capital loss

B) $3,000 long-term capital loss

C) $7,000 long-term capital loss

D) $4,000 short-term capital loss

A

Explanation

D) There are two components to this question. What is the basis, and is there tacking of the holding period? When the fair market value on the date of the gift is less than the donor’s basis in the asset, the donee’s basis in the asset for purposes of determining a loss is the asset’s FMV on the date of the gift. In this situation, the $9 per-share value on the date of the gift would be Lynnette’s basis. The next issue is the “tacking” of the holding period. In a situation where the donee uses the FMV as the basis, there is no tacking of the holding period. In this situation, Lynnette used the FMV; thus, she uses her own holding period of 11 months. If the donee uses the donor’s basis, then the holding period is tacked. In other words, the donor’s holding period is added to (“tacked”) the donee’s holding period.

LO 6.1.1

179
Q

During the current tax year, Rod purchased a building for exclusive use in his manufacturing business. The cost of the property was $422,000, of which $122,000 was attributable to the land. Which of the following statements identifies the proper treatment of the expenditure?

A) The $122,000 must be capitalized and may be depreciated.

B) The $122,000 must be capitalized and may not be depreciated.

C) The cost attributable to the building may be deducted under Section 179.

D) The $300,000 attributable to the building may be currently deductible.

A

B)

Explanation

The land may not be depreciated, as only “wasting” assets are subject to depreciation. The Section 179 expense election generally applies to personalty only, and is not available for most real estate. The cost of the building may not be currently deducted; it must be capitalized and depreciated because it has a useful life of over one year.

LO 6.1.1

180
Q

Three years ago, Sam received a gift of 100 shares of common stock from his uncle. The fair market value of the stock on the date of the gift was $12 per share. His uncle had purchased the stock four years earlier at $5 per share. Sam sold this stock for $17 per share last week. What was Sam’s per-share basis in the stock when it was sold?

A) $5

B) $22

C) $17

D) $12

A

A) Explanation

If the fair market value on the date of the gift is greater than the donor’s adjusted basis, the donor’s adjusted basis is used as the recipient’s basis. Note that the donor’s holding period would be tacked to the donee’s holding period.

LO 6.1.2

181
Q

Question #4 of 30

Question ID: 1247890

Jane owns a printing business. She wants to trade her old copiers for new fax machines. In the contemplated exchange, Jane will pay $750 in cash. Additional information related to the transaction is given as follows:

The copiers have an adjusted basis of $1,500.

The copiers have a fair market value of $1,000.

The fax machines have a fair market value of $1,750.

What is Jane’s recognized gain or loss in this exchange?

A) $0

B) ($500)

C) ($250)

D) $500

A

B) Explanation

Jane is paying $750 plus the adjusted basis of $1,500 ($2,250); compared to the fair market value of the property received of $1,750, thus yielding a $500 loss. There is no loss recognized in a like-kind exchange. This exchange is simply treated as a sale of the asset. A loss on a Section 1231 asset may be recognized in the year of the loss. The Tax Cuts and Jobs Act (TCJA) restricted the like-kind exchange rules to real estate only. Personalty no longer qualifies for like-kind exchange treatment.

LO 6.1.2

182
Q

Susan received 100 shares of stock as a gift from her uncle, Carl. Carl purchased the stock 15 years ago for $12 per share. Susan received the stock from Carl two months ago, when the fair market value of the stock was $15 per share, and she sold the stock this week for $19 per share. What is the amount and character of Susan’s gain from the sale of the stock?

A) $400 long-term capital gain

B) $400 short-term capital gain

C) $700 short-term capital gain

D) $700 long-term capital gain

A

D) Explanation

In the case of an asset received as a gift, where the fair market value on the date of the gift is greater than the donor’s adjusted basis, the recipient has a carryover basis. In this case, Uncle Carl had purchased the stock for $12 per share and had gifted it to Susan when the fair market value was $15 per share. Susan subsequently sold the stock for $19 per share. Thus, the carryover basis from Uncle Carl would be $12 per share. In a situation where the recipient of the gift takes the donor’s basis, the holding period is tacked. In other words, the donor’s holding period is added to the donee’s holding period. Thus, Susan is treated as holding the stock for over 15 years.

LO 6.1.2

183
Q

Test Id: 160477582

Question #6 of 30

Question ID: 1247892

A client sold an apartment building last year for $100,000, paying a sales commission of $5,000 plus $2,500 in closing costs. The building originally cost $80,000 20 years ago. Total straight-line depreciation of $40,000 had been taken. The building had a mortgage of $60,000 that was assumed by the buyer. The client is in the 24% marginal income tax bracket. What is the seller’s adjusted cost basis?

A) $32,500

B) $40,000

C) $52,500

D) $37,500

A

B) Explanation

The seller’s adjusted basis is the $80,000 purchase price, decreased by the $40,000 of straight-line depreciation. The mortgage has no bearing on the basis of the property.

LO 6.1.2

184
Q

During 2020, Judy, a sole proprietor, purchased new equipment (seven-year property) for her manufacturing business at a cost of $600,000. Judy is in a 12% marginal income tax bracket this year, and expects to be in that bracket for two more years. She is extremely confident that she will be in the highest marginal bracket after that. What advice would you give Judy regarding the use of bonus depreciation and cost recovery deductions?

A) Use the maximum bonus depreciation and use the Modified Accelerated Cost Recovery System (MACRS) table.

B) Forgo bonus depreciation and use the Modified Accelerated Cost Recovery System (MACRS) table.

C) Forgo bonus depreciation and elect the straight-line method.

D) Use the maximum bonus depreciation and elect the straight-line method.

A

C) Explanation

The fact pattern indicates that Judy is in the lowest marginal bracket for three years, and will be in the highest marginal bracket after that. It makes no sense to maximize the depreciation deduction in years when Judy is in the lowest marginal brackets. By forgoing bonus depreciation and using straight-line, more deductions are pushed into the last five years of the depreciation schedule, when Judy will be in the highest marginal bracket. Remember that because of the half-year convention, seven-year property is depreciated over eight years. Under TCJA, 100% bonus depreciation is allowed for all personalty. In other words, 100% of the cost is deducted in the first year.

LO 6.1.3

185
Q

In February, Bryan purchased a new high-speed copier for use in his printing business. The cost of the copier was $8,250, sales taxes were $550, and installation charges totaled $1,200. Assume that Bryan opts out of the bonus depreciation provision. What is the first-year cost recovery deduction using the straight-line method?

A) $880

B) $945

C) $2,000

D) $1,000

A

D)

Explanation

The installation charges of $1,200 and the sales taxes of $550 must be capitalized—that is, added to the cost of the copier to give a total basis of $10,000. A copier is five-year property. (Copiers, cars, computers, and computer peripherals are five-year properties; furniture and other equipment are seven-year properties.) The straight-line rate for five-year property is 20% (100% divided by five), but the half-year convention limits the deduction to half of a full year’s depreciation in the year of acquisition. Thus, $10,000 times 10% equals $1,000. If Bryan had not opted out of bonus depreciation, the entire $10,000 would be depreciated in the first year.

LO 6.1.3

186
Q

Jerry owns a dry-cleaning business. During the current year, Jerry purchased and placed into service $730,000 of equipment. He had taxable income of $745,000. Jerry is in the highest marginal income tax bracket this year, and expects to be in that bracket for two more years. After that, he plans to semi-retire, but keep the business open for another five years. He expects to drop into the lowest marginal bracket when he semi-retires. What advice would you give Jerry regarding the use of Section 179, bonus depreciation, and cost recovery deductions?

A) Forgo Section 179 and bonus depreciation and use the Modified Accelerated Cost Recovery System (MACRS) table.

B) Use the bonus depreciation provision.

C) Elect the maximum Section 179 and elect the straight-line method.

D) Forgo Section 179 and bonus depreciation and elect the straight-line method.

A

B) Explanation

The fact pattern indicates that Jerry is in the highest marginal bracket for three years, and then will be in the lowest marginal bracket after that. It makes sense to maximize the depreciation deduction this year when Jerry is in the highest marginal bracket. By using the bonus depreciation provision, the entire $730,000 may be deducted in the year of acquisition.

LO 6.1.3

187
Q

Frank, a single taxpayer, owned a warehouse that he rented as commercial property. He acquired the property several years ago for $196,000. He used the straight-line method of cost recovery, which totaled $35,000. Frank sold the property in February of the current year for $230,000. Frank is single, and has taxable income (not including the real estate gain) of $475,000. What is the amount and nature of the gain on the sale?

A) $7,000 ordinary income

B) $35,000 unrecaptured Section 1250 gain; $34,000 long-term capital gain

C) $34,000 Section 1231 gain; $35,000 ordinary income

D) $69,000 ordinary income

A

B) Explanation

The entire gain of $69,000 is treated as Section 1231 gain, because there is no excess depreciation on the use of the straight-line method. So, $35,000 of the gain is subject to a maximum rate of 25%, as unrecaptured Section 1250 income, and the remaining $34,000 of gain is subject to the maximum regular long-term rate of 20%. The 20% long-term capital gain rate applies, as his taxable income is over the $425,800 breakpoint for the 20% rate. Note that Section 1250 recapture (ordinary income treatment) applies only to excess depreciation—in other words, the excess of an accelerated method over what would have been deducted if straight-line had been used. All realty placed in service after 1986 is depreciated using straight-line, and there is NO recapture (ordinary income) where straight-line depreciation was used.

LO 6.1.4

188
Q

Which of the following dispositions of Section 1245 recapture property would result in the immediate recapture of some or all of previous depreciation deductions?

A) A transfer at death

B) A gift of the property

C) A sale for cash and an interest-bearing note

D) A distribution by a partnership to its partners

A

C) Explanation

A sale of Section 1245 property at a gain will result in Section 1245 recapture. None of the other choices are considered taxable dispositions that would trigger recapture of depreciation (cost recovery) deductions.

LO 6.1.4

189
Q

Which of the following rules regarding the sale of Section 1231 property is CORRECT?

When Section 1231 property is sold for more than the purchase price, the gain is afforded capital gain treatment and taxed using capital gain tax rates.

When Section 1231 property is sold at a loss, the loss is treated as a capital loss.

A) Neither I nor II

B) II only

C) Both I and II

D) I only

A

D)

Explanation

Statement II is incorrect. When Section 1231 property is sold at a loss, the loss is treated as an ordinary loss, not a capital loss.

LO 6.1.4

190
Q

Blake, a sole proprietor, is selling several business assets. He has been told by a friend that the items he is selling are not capital assets and are subject to the ordinary income tax rate. You are his financial planner and tell him that the gains on Section 1231 assets can be treated as capital gains for income tax purposes subject to certain rules. Which of the assets Blake sold are Section 1231 assets?

A) The building and land sold when Blake’s business moved to a new location

B) Blake’s inventory of electric guitars his business manufactures

C) Accounts receivable

D) A copyright on the theme song Blake’s company uses in its advertising that Blake wrote

A

A)

Explanation

The building and land sold when Blake’s business moved to a new location qualify under Section 1231 as depreciable personal or real property used in business or for the production of income. The building portion of the property was depreciable property. While they are not considered capital assets, under Section 1231 they are taxed using capital gain rates, subject to the Section 1245 and 1250 rules for depreciation recapture rules. Losses are always ordinary and not subject to the $3,000 ($1,500 for MFS) ordinary loss limitation. Accounts receivable, inventory, and copyrights and other creative works held by the creator are all ordinary assets that would result in ordinary income tax (not capital gain) if sold at a gain.

LO 6.1.4

191
Q

During 2020, your client, Bob, purchased several items of equipment with a total cost of $265,000 for use in his sole proprietorship. Bob has taxable (earned) income from his Schedule C business of $112,000 (without regard to the Section 179 expense). He also has wages from a part-time job of $10,000. What is the maximum amount of Section 179 expense that Bob may deduct in the current year?

A) $265,000

B) $112,000

C) $122,000

D) $1,000,000

A

C) Explanation

The Section 179 expense election is limited to the taxable (earned) income of the taxpayer. For purposes of Section 179, salary or wages received as an employee, even from a completely unrelated source, are also considered to be from the active conduct of the trade or business. Thus, the total taxable (earned) income in this situation is $122,000. The maximum Section 179 expense election is $1.04 million (for 2020), but for Bob, it is limited to his earned or taxable income of $122,000 (increased by the Tax Cuts and Jobs Act, or TCJA).

LO 6.1.5

192
Q

During the current tax year, Jim purchased a warehouse for exclusive use in his manufacturing business. The cost of the property was $620,000, of which $100,000 was attributable to the land. Which of the following statements identify the proper treatment of the expenditure?

I. A portion of the cost attributable to the building may be deducted under Section 179.

II. The $100,000 attributable to the land must be capitalized and may not be depreciated.

III. The $520,000 attributable to the building must be capitalized and depreciated.

IV. The entire $620,000 must be capitalized and depreciated.

A) IV only

B) I and II

C) II only

D) II and III

A

D) Explanation

Land is not a depreciable asset—only “wasting” assets are subject to depreciation. The building must be capitalized and depreciated over a period of 39 years. Section 179 generally does not apply to realty; it applies to tangible personalty used in the active conduct of a trade or business.

LO 6.1.5

193
Q

Ethel had the following from securities transactions during the current year:

Long-term capital gain: $6,400

Long-term capital loss: $2,200

Short-term capital gain: $2,300

Short-term capital loss: $5,500

Which of the following describes the net capital gain or loss reportable by Ethel for the current tax year?

A) $1,000 net long-term capital gain

B) $4,200 net long-term capital gain; $3,200 net short-term capital loss

C) $900 net long-term capital gain; $100 net short-term capital loss

D) $1,000 net long-term capital loss

A

A)

Explanation

Long-term transactions are netted together, as are short-term transactions. The net long-term capital gain is $4,200 ($6,400 – $2,200). The net short-term capital loss is $3,200 ($2,300 – $5,500). The net short-term capital loss is netted with the net long-term capital gain ($4,200 – $3,200) to result in a net long-term capital gain of $1,000.

LO 6.2.1

194
Q

During the current tax year, Jamie sold several securities that resulted in the following types of gains and losses: a long-term capital loss of $6,700; a short-term capital loss of $7,000; a long-term capital gain of $1,900; and a short-term capital gain of $9,200. What is the net capital gain or loss on Jamie’s security sales?

A) Net short term loss of $3,800

B) Net short-term gain of $7,300; net long-term loss of $300

C) Net long-term loss of $4,800; net short-term gain of $2,200

D) Net long-term loss of $2,600

A

D)

Explanation

The long-term items are netted, leaving a long-term capital loss of $4,800. The short-term items are netted, leaving a short-term capital gain of $2,200. These are netted, leaving a net long-term capital loss of $2,600.

LO 6.2.1

195
Q

In the current tax year, Fay has short-term capital loss carryovers of $5,000 and long-term capital loss carryovers of $40,000, both carried over from the previous year. Her net short-term gain for this year is $6,000, and her net long-term gain for this year is $5,000. How much of her gain for this year will be taxable?

A) $5,000

B) $6,000

C) $1,000

D) $0

A

D)

Explanation

Fay can apply her short-term capital loss carryover to all current short-term capital gains, which results in a net short-term capital gain for this year of $1,000 ($6,000 gain − $5,000 carryover). She is then left with a net long-term capital loss of $35,000 ($5,000 gain − $40,000 carryover). To calculate net capital gains for the year, aggregate the long-term and short-term gains or losses, which in this case equals $35,000 long-term loss − $1,000 short-term gain, or a $34,000 net capital loss. She has no net gain and, as such, pays no taxes on any of the capital transactions she made this year.

LO 6.2.1

196
Q

Your client is contemplating the exchange of two parcels of investment land for two similar parcels. Given the following details of the proposed transactions, compute the amount of recognized gain and loss, if any, on both parcels if your client does the exchanges.

Parcel A: There were 10 acres of land acquired 15 years ago with a current basis of $50,000. In exchange, your client will receive 8 acres of land (FMV $80,000) and $20,000 of cash.

Parcel B: There were 20 acres of land acquired 2 years ago with a current basis of $100,000. In exchange, your client will receive 12 acres of land (FMV $75,000) and $10,000 of cash.

A) Parcel A recognized gain: $20,000; Parcel B recognized loss: $10,000

B) Parcel A recognized gain: $50,000; Parcel B recognized loss: $10,000

C) Parcel A recognized gain: $20,000; Parcel B recognized loss: $0

D) Parcel A recognized gain: $20,000; Parcel B recognized loss: $15,000

A

C)

Explanation

The realized gain in Parcel A is $50,000 and the recognized gain (the lesser of the gain realized or the boot received) is $20,000. The realized loss in Parcel B is $15,000. However, there is no loss recognized (deducted) in a like-kind exchange.

LO 6.2.2

197
Q

Which of the following statements is accurate with respect to a like-kind exchange?

A) The amount of gain recognized will reduce the taxpayer’s basis in the property received.

B) No gain will be recognized on the exchange of inventory.

C) No gain will be recognized unless the taxpayer receives boot.

D) Gain recognized is equal to the gain realized on the exchange plus the boot received.

A

C) Explanation

In a like-kind exchange, the gain recognized is always the lesser of the gain realized or the boot received. If there is no boot received, there is no gain recognized. Inventory is not eligible for like-kind exchange treatment—thus, gain would be recognized. The basis in the acquired property is the FMV of the acquired property, reduced by the gain realized but not recognized (the deferred gain).

LO 6.2.2

198
Q

Jim owns an apartment building with a fair market value of $225,000 and an adjusted basis of $85,000. He wants to acquire Frank’s duplex, which has a fair market value of $240,000 and an adjusted basis of $130,000. In the exchange, Jim will pay Frank $15,000 in cash. What is Jim’s substitute basis in the acquired duplex?

A) $240,000

B) $140,000

C) $225,000

D) $100,000

A

D)

Explanation

Jim is receiving an FMV of $240,000 for the duplex. He is giving up an adjusted basis of $85,000 plus $15,000 cash. The difference between the $240,000 received and the $100,000 given up is the realized gain of $140,000. The gain recognized (the taxable amount reported on the income tax return) in a like-kind exchange is the lesser of gain realized ($140,000) or boot received ($0). The substitute basis in an asset acquired in a like-kind exchange is the FMV of the qualifying property received ($240,000) reduced by the gain realized, but not recognized ($140,000 – $0 = $140,000). Thus, $240,000 – $140,000 = $100,000.

LO 6.2.2

199
Q

Phillip’s personal automobile was almost destroyed in an accident. The insurance company paid $6,000 on the claim. The auto’s fair market value before the accident was $16,000, and the value after the accident was $1,000. His basis in the automobile was $12,000. Phillip’s AGI is $42,500. What is the amount of Phillip’s deductible casualty loss?

A) $6,000

B) $1,650

C) $0

D) $1,750

A

C)

Explanation

As a result of the Tax Cuts and Jobs Act (TCJA), casualty losses are only allowed for damages sustained within a federally declared disaster area. Thus, there is no deduction for this loss. If the loss had been incurred in a federally declared disaster area (as a result of the disaster), the deductible casualty loss computation would begin with the lesser of the decrease in fair market value ($15,000 decrease in FMV) or the adjusted basis in the property. In this situation, the adjusted basis of $12,000 must be reduced by a $100 floor, the insurance of $6,000, and further reduced by 10% of the adjusted gross income. Thus, $12,000 reduced by $100, $6,000 insurance, and further reduced by $4,250, equals $1,650.

LO 6.2.3

200
Q

Marcus purchased a diamond ring for $15,000 10 years ago. It was stolen in March this year. The ring was purchased to celebrate achieving a significant promotion at work. The FMV at the time of the theft was $20,000. The ring was insured, and after the deductible, Marcus received $19,000 from the insurance company. Marcus replaced the ring with a new one for $20,000. Under Section 1033, what is Marcus’s new basis in the replacement ring?

A) $20,000

B) $16,000

C) $15,000

D) $19,000

A

B) Explanation

Marcus’s deferred gain on the new ring is $4,000. His new basis is the FMV of the property at acquisition minus the deferred gain ($20,000 − $4,000 = $16,000).

LO 6.2.3

201
Q

Which of the following statements regarding Section 1033 involuntary conversions is CORRECT?

For an owner-user, the replacement property must pass the functional use test.

The taxpayer use test provides less flexibility than the functional use test.

A) Neither I nor II

B) I only

C) II only

D) Both I and II

A

B)

Explanation

Statement II is incorrect. The taxpayer use test provides more flexibility than the functional use test.

LO 6.2.3

202
Q

John owns a classic automobile that had a cost basis of $32,000. John paid $38,000 to have the automobile fully restored. John sells the automobile through an installment sale for $100,000. John is to receive a $25,000 down payment in the current year, and $15,000 per year for five years, beginning this year. What amount of gain must John recognize during the current year?

A) $12,000

B) $4,500

C) $12,800

D) $7,500

A

A).

Explanation

The profit on the sale was $30,000 divided by the $100,000 contract price, which equals a 30% gross profit percentage. This is multiplied by the $40,000 of payments received during the year to calculate the amount of gain recognized, $12,000. The $38,000 of restoration costs are capitalized, added to basis, to give us the $70,000 basis.

LO 6.2.4

203
Q

Max is selling a truck that he uses in his business. He has taken $5,000 of depreciation on the truck and wants to use the installment sale method to sell the truck to Jerry for a down payment and an installment note over 36 months. He paid $40,000 for the truck and is selling it for $38,000. What are the tax consequences of this transaction?

I. Max must recapture $3,000 of the Section 1245 depreciation taken as ordinary income in the year of the sale.

II. Max has $5,000 of depreciation recapture taxed at the 25% tax rate.

A) II only

B) Neither I nor II

C) I only

D) Both I and II

A

C) Explanation

Statement I is correct. Gain recaptured under Section 1245 (depreciable personal property used in a trade or business) is taxed as ordinary income and is not eligible for installment sale treatment. Therefore, these amounts are fully recognized (taxable) as ordinary income in the year of sale. Unrecaptured Section 1250 depreciation occurs only on depreciable real property (real estate) used in a trade or business.

LO 6.2.4

204
Q

All of the following statements regarding the installment method of reporting gain from a disposition of property are correct except

A) the payments received under an installment sale may each include capital gains, return of capital, and interest.

B) the installment sale method may be used for securities sold in the secondary market.

C) the installment method permits the seller to spread out the taxable gain over more than one year.

D) an installment sale is a sale of property in which the seller receives at least one payment after the year of sale.

A

B) Explanation

The installment sale method cannot be used for inventory or securities traded in the secondary market.

LO 6.2.4

205
Q

Helen purchased an antique cabinet as an investment for $30,000 a few years ago. On January 15 of this year, she sold the cabinet to an art museum for $120,000 in an installment sale. She received a down payment of $12,000 and a note requiring monthly principal payments (to begin in March of this year) of $5,000. What amount of gain must Helen recognize for the current year?

A) $46,500

B) $50,000

C) $62,000

D) $42,500

A

A) Explanation

Step 1: Calculate gross profit percentage: profit divided by sale price.

$90,000$120,000=75%$90,000$120,000=75%

Step 2: Calculate payments received in current year.

$12,000 down payment + (10 × $5,000) = $12,000 + $50,000 = $62,000 (payments received)

Step 3: Calculate gain recognized for current year.

gross profit percentage×payments received=gain recognized

75%×$62,000=$46,500

LO 6.2.4

206
Q

On December 20, 2003, Jody moved into a condominium that she owns and had rented to tenants since July 1, 1996. Her cost basis in the condo was $238,440. Jody took depreciation deductions totaling $54,000 for the period that she rented the property. After moving in, she used the residence as her principal residence. Jody sells the property on August 1, 2020, for $538,000. Jody is in the highest marginal income tax bracket for the current year. What is the amount and character of the recognized gain resulting from the sale?

A) $54,000 of ordinary income; $49,560 of “regular” long-term capital gain

B) $54,000 of unrecaptured Section 1250 income; $49,560 of “regular” long-term capital gain

C) $353,560 “regular” long-term capital gain

D) $54,000 of unrecaptured Section 1250 income; $299,560 of “regular” long-term capital gain

A

B)

Explanation

Jody’s gain realized (the actual economic gain) from the sale is $353,560 ($538,000 of sales proceeds reduced by the adjusted basis of $184,400). Of this $353,560 of gain, the first $54,000 is recognized as unrecaptured Section 1250 gain, taxed at 25%. Unrecaptured Section 1250 gain is the gain created by the straight-line depreciation. This leaves $299,560 of gain to account for. Jody used the condo as her principal residence for two full years—thus, she is eligible to exclude $250,000 under Section 121. This leaves $49,560 of long-term capital gain to be recognized at a 20% rate (because she is in the highest marginal income tax bracket, her taxable income exceeds the $425,800 breakpoint for the 20% LTCG rate). The recognized gain is the gain on which Jody will pay taxes. Note that the nonqualified use provision does not come into play here as there was no nonqualified use after 2008.

LO 6.2.5

207
Q

Mary has owned her principal residence for over six years. Two years ago, she married John, who immediately moved into the residence. John has never used the Section 121 exclusion. If Mary sells the residence this year and John and Mary file a joint return, which of the following statements is CORRECT with respect to the availability of the Section 121 exclusion?

A) The maximum exclusion is $250,000 because that is the maximum exclusion for an individual who was single when the residence was purchased.

B) The maximum exclusion is $250,000 because John is not an owner of the residence.

C) The maximum exclusion is $500,000 because Mary has at least two years of ownership, and both spouses meet the use requirement.

D) The maximum exclusion is $500,000 because that is the amount always available for married taxpayers who file jointly.

A

C) Explanation

Currently, Section 121 allows for a gain exclusion, of up to $500,000 for taxpayers married filing jointly, to any taxpayer who satisfies certain tests, known as the ownership test and the use test. To satisfy the ownership test, the home must have been owned and used as a principal residence for at least two of the five years preceding the date of sale. (Note: These years do not have to be consecutive; they only have to add up to at least two years.) Either spouse can meet the ownership test, but both must meet the use (two-out-of-five-year) test. This is likely not difficult for most married couples (applies even to those living in the house and then getting married), but it can be burdensome for individuals who are divorced or in the process of a divorce.

LO 6.2.5

208
Q

Which of the following statements best describes a tax benefit associated with an active participation rental real estate investment?

A) Unlimited losses may be used to offset active or portfolio income of any taxpayer.

B) Up to $25,000 in losses may be used to offset active or portfolio income for certain taxpayers.

C) The first $25,000 of taxable income from the investment is nontaxable.

D) The investment will generate portfolio rather than passive income.

A

B) Explanation

Active participation rental real estate investment operating losses are deductible against active or portfolio income up to $25,000 per year, assuming the investor’s AGI is $100,000 or less.

LO 7.2.3

209
Q

John is a single taxpayer. He has an annual salary of $88,000 per year. In addition, he

had consulting income of $4,000,

incurred losses of $5,000 from active participation real estate, and

had short-term capital losses of $4,900.

What is John’s total (gross) income for the current tax year?

A) $87,000

B) $84,000

C) $82,100

D) $86,000

A

B)

Explanation

The consulting income is included, meaning $84,000 is correct. The rental loss is allowable and used to calculate total income (Schedule E). The short term capital loss is capped at $3,000.

LO 7.2.1

210
Q

Question 3 of 16

Question ID: 1247412

Which of the following business forms may be tax conduits?

I. General partnership

II. Limited partnership

III. Publicly traded C corporation

IV. S corporation

A) II, III, and IV

B) I and IV

C) I, II, and III

D) I, II, and IV

A

D)

Explanation

General partnerships, limited partnerships, and S corporations may all be tax conduits.

LO 7.1.1

211
Q

Question 4 of 16

Question ID: 1247410

Jason and Sarah are accountants and are considering starting a business together. They will both be general partners. Jason and Sarah prefer the partnership form but are concerned about liability issues. Specifically, neither wants to be liable for the acts of the other. Which of the following forms would best suit Jason and Sarah?

A) General partnership

B) Limited partnership

C) S corporation

D) Limited liability partnership

A

D)

Explanation

In an LLP, the general partners are not liable for the acts of other partners. In addition, some states will protect the general partners from the claims that arise from obligations of the partnership, but this typically extends only to claims arising out of tort law, not contract law.

LO 7.1.1

212
Q

Question 5 of 16

Question ID: 1247418

Which of the following statements correctly identify the requirements necessary to deduct $25,000 of losses from an active participation real estate program?

I. The taxpayer must have at least a 10% ownership interest in the property.

II. The taxpayer’s modified adjusted gross income must not exceed $200,000.

III. The taxpayer must make the major management decisions related to the property.

IV. The taxpayer’s interest in the property may not be held as a limited partnership interest.

A) I and III

B) II and IV

C) II, III, and IV

D) I, III, and IV

A

D)

Explanation

The answer is I, III, and IV. II is false because the phase out range for the active participation real estate deduction is $100,000 to $150,000.

LO 7.2.1

213
Q

Last year, Geoff invested $70,000 for a 25% interest in a partnership in which he was not a material participant. The partnership made a profit last year, of which $19,000 was allocated to Geoff. This year, the partnership suffered a loss and Geoff’s share was $28,000. What is Geoff’s capital at risk in the partnership at the end of the current year?

A) $61,000

B) $38,000

C) $51,000

D) $48,000

A

A)

Explanation

At the beginning of this year, Geoff had capital at risk of $89,000 ($70,000 initial investment + $19,000 allocated profit). At the end of the current year, Geoff’s capital at risk is $61,000 ($89,000 beginning capital at risk – $28,000 allocated loss).

LO 7.1.2

214
Q

Which of the following may enable a limited partnership to provide specific tax advantages (subject to certain limits)?

I. It allows for special allocations.

II. It is not subject to the at-risk rules.

III. Its distributions may trigger the alternative minimum tax.

A) II and III

B) I and III

C) I only

D) I and II

A

C)

Explanation

The partnership business form allows for special allocations. Partners are still subject to at-risk rules and AMT.

LO 7.2.2

215
Q

Which of the following may enable a limited partnership to provide specific tax advantages (subject to certain limits)?

I. It allows for special allocations.

II. It is not subject to the at-risk rules.

III. Its distributions may trigger the alternative minimum tax.

A) II and III

B) I and III

C) I only

D) I and II

A

C)

Explanation

The partnership business form allows for special allocations. Partners are still subject to at-risk rules and AMT.

LO 7.2.2

216
Q

Question 8 of 16

Question ID: 1247425

Lauren owns a vacation home that she also rents to others during the year. The house was rented to unrelated parties for 11 full weeks during the current year. Lauren used the house 16 days for her vacation during the year. After properly dividing the expenses between rental and personal use, it was determined that a loss was incurred as follows:

Gross rental income$6,400

Less:

Allocated mortgage interest and property taxes($7,000)

Other allocated expenses($1,000)

Net rental loss($1,600)

Which of the following statements regarding the treatment of the rental income and expenses on Lauren’s federal income tax return for the current year is CORRECT?

A) Because Lauren used the house for 16 days, the mortgage interest and property taxes are deductible as a rental expense to the extent of the gross rental income of the property.

B) A $1,600 loss should be reported.

C) Because the house was used only 20.8% personally by Lauren, all expenses allocated to personal use may be deducted.

D) The $7,000 rental portion of mortgage interest and taxes cannot be deducted.

A

A) Explanation

A vacation home can be classified as a personal residence, a rental property, or a mixed-use property. A personal residence is a property that is rented out for less than 15 days per year. Because the beach house was rented for 11 weeks, it will be classified as either a rental property or a mixed-use property. The determination is based on the number of days the taxpayer used the residence for personal use. To qualify as rental property, the personal use cannot exceed the greater of 14 days per year or 10% of rental days. The property was used for personal use for 16 days, so the vacation home will be considered a mixed-use property. Expenses incurred on a mixed-use property must be allocated between rental use and personal use. The rental expenses on a mixed-use property are only deductible to the extent of rental income received (i.e., the taxpayer cannot claim a loss). The expenses not deducted in the current year may be carried forward.

LO 7.2.4

217
Q

Mack owns a vacation home that he plans to rent for 190 days this year. He also plans to live in the house during the year. What is the maximum number of days he can live in the home without jeopardizing the property’s status as a rental property?

A) 14 days

B) 19 days

C) 140 days

D) 95 days

A

B)

Explanation

Because he will rent the home for 190 days, Mack can use it as a personal residence for up to 19 days (the greater of 14 days or 10% of rental use) without jeopardizing the property’s status as a rental property.

LO 7.2.4

218
Q

Natalia, a commissioned salesperson and single taxpayer divorced in 2018, has provided the following information for the current tax year:

Sales commissions$60,000

Keogh contribution$6,000

Alimony paid to Natalia’s former spouse$12,000

Limited partnership passive loss$30,000

Self-employment tax liability$8,478

What is Natalia’s adjusted gross income for the 2020 tax year?

A) $37,761

B) $33,522

C) $42,000

D) $3,522

A

A)

Explanation

Total income = $60,000.

Adjustments = $6,000 + $12,000 + ($8,478 ÷ 2) = $22,239.

$60,000 – $22,239 = $37,761.

The passive loss is suspended because Natalia has no passive income to offset.

LO 7.2.2

219
Q

Which business entity is never subject to federal income taxation?

A) S corporation

B) C corporation

C) Partnership

D) Individual

A

C)

Explanation

Partnerships are never subject to federal income tax. They are pass-through entities. C corporations and individuals are separately taxed, and certain S corporation transactions are taxed at the entity level.

LO 7.1.1

220
Q

All of the following statements regarding tax deduction limits on passive activity excess losses are correct except

A) losses from one nonpublicly traded passive activity may not offset income from another nonpublicly traded passive activity.

B) excess passive activity losses are the excess of otherwise allowable deductions from the taxpayer’s passive activities over the amount of income from the taxpayer’s passive activities.

C) excess passive activity losses are disallowed on the taxpayer’s current tax return and instead are deferred.

D) excess passive activity losses are fully allowed in the year in which the taxpayer disposes of his entire interest in the passive activity in a taxable transaction.

A

A)

Explanation

The taxpayer’s nonpublicly traded passive losses and nonpublicly traded passive income are aggregated for purposes of the limitation so that losses from one nonpublicly traded passive activity may offset income from another nonpublicly traded passive activity.

LO 7.1.2

221
Q

Which of the following statements regarding the rights of a limited partner is CORRECT?

I. A limited partner has no right to take part in the management of the partnership.

II. A limited partner is not subject to personal liability for partnership debts.

A) Neither I nor II

B) I only

C) II only

D) Both I and II

A

D)

Explanation

Both of these statements are correct.

LO 7.1.1

222
Q

During the current tax year, Meghan expects to have the following items of income:

Distributive share of general partnership self-employment income$25,000

Distributive share of S corporation income$17,000

Sole proprietorship net income$1,500

How much self-employment tax must Meghan pay for the 2020 tax year (round your answer to the nearest dollar)?

A) $4,055

B) $4,974

C) $200

D) $3,744

A

D)

Explanation

The partnership and sole proprietorship income are included. The S corp distribution is treated as a dividend not subject to SE tax. ($26,500 x .9235) x .153 = $3,744

LO 7.2.1

223
Q

Jimmy will have an adjusted gross income of $275,000 for the current tax year. He would like to reduce his tax liability.

Which of the following investments may reduce Jimmy’s tax liability?

A) An investment in a publicly traded limited partnership generating losses

B) An investment in active participation rental real estate

C) An investment in an oil and gas working interest

D) An investment in a nonpublicly traded limited partnership generating losses

A

C) Explanation

An investment in an oil and gas working interest may reduce Jimmy’s tax liability.

LO 7.1.2

224
Q

Which of the following statements correctly identify the requirements necessary to deduct $25,000 of losses from an active participation real estate program?

I. The property cannot be used as a vacation home for more than 14 days or 10% of the number of days during the year that the home was rented at a fair rental price., whichever is greater

II. The taxpayers can file as MFS.

III. The taxpayer must make the major management decisions related to the property.

IV. The taxpayer’s interest in the property may not be held as a limited partnership interest.

A) I and III

B) II and IV

C) II, III, and IV

D) I, III, and IV

A

D)

Explanation

If the taxpayers file with the MFS status, the deduction is limited to $12,500. All other statements are true.

LO 7.2.3

225
Q

Assume that for each of the next five years, your client, Dan, will have the following:

Active income: $100,000

Investment income: $50,000

Passive income: $0

Passive loss (from nonpublicly traded partnership): $25,000

Dan is considering an investment in a nonpublicly traded partnership that requires a $100,000 initial investment and will generate cash flow (pretax passive income) of $12,500 per year at the end of each year for the next five years. Upon liquidation at the end of the fifth year, Dan will receive a total of $100,000 after taxes. Dan’s after-tax rate of return from other investments is 10% and his combined federal and state marginal tax bracket is 28%.

What is Dan’s net present value on the investment?

A) $9,477

B) ($15,023)

C) ($2,523)

D) $21,977

A

A) Explanation

This problem requires the calculation of the net present value of the cash flows as compared to the $100,000 initial cash outlay. The net present value of the $12,500 received at the end of each of the first four years is first calculated. The present value of these four payments is $39,623. The calculation of present value of the amount received at the end of year five of $112,500 ($12,500 + $100,000) using a 10% rate yields $69,854. The $69,854 combined with the $39,623 results in a combined present value of all payments of $109,477. Subtracting the initial cash outlay of $100,000 results in a net present value of $9,477. Note that no tax liability would result from the cash flows as they would be “sheltered” by the passive losses.

LO 7.1.1

226
Q

Which one of the following best describes the role of a special allocation in a limited partnership?

A) It allows an allocation of items of income and expense that is not pro rata.

B) It requires all items to be distributed pro rata based on a partner’s capital account balance.

C) It establishes the standards for allocating the proceeds of non-routine or “special” items of income.

D) It allocates management responsibility to the general partners.

A

A) Explanation

A special allocation allows an allocation of items in a manner that differs from the “normal” pro rata allocation of deduction, income, credit, etc.

LO 7.1.1

227
Q

The partner’s tax basis in his interest in a partnership

A) remains unchanged unless additional capital is contributed or distributions are made.

B) remains unchanged until the interest is sold or otherwise disposed.

C) is increased by his share of income reported by the partnership.

D) is decreased if additional capital is contributed.

A

C) Explanation

A partner’s tax basis in a partnership interest is affected by items of income or loss, which are passed through to the partner on a proportionate basis. Items of income, as well as capital contributions, increase basis; deductions, as well as distributions, decrease basis.

LO 7.1.1

228
Q

Which of the following statements regarding limited partnerships is CORRECT?

I. A limited partner is subject to the passive activity rules when accounting for income and losses from the limited partnership.

II. The limited partner is liable to the creditors of the partnership only to the extent of that partner’s contributed or promised cash or property.

A) II only

B) I only

C) Neither I nor II

D) Both I and II

A

D) Explanation

Both of these statements are correct.

LO 7.1.1

229
Q

Which of the following apply to the passive activity loss rules?

I. Deductible passive losses are limited to the passive gains in other passive activities.

II. Any unused passive losses may be carried forward against future passive gains.

III. When the passive activity property is disposed of, any unused passive losses can be deducted against passive gains, portfolio, or active income.

IV. Passive loss rules apply only to real estate transactions.

A) I, II, and III

B) II and IV

C) I and III

D) II, III, and IV

A

A)

Explanation

Passive loss rules apply to all passive activities, not just real estate transactions. Passive losses may be deducted against passive gains. If the investor has excess passive losses, the losses are carried forward and may be used in future years to offset future passive gains.

LO 7.1.1

230
Q

When does the alternative minimum tax (AMT) apply to a taxpayer?

A) When the taxpayer has losses from passive activities or other business functions

B) When the taxpayer has not withheld or prepaid a sufficient proportion of actual income tax liability

C) When the AMT calculation results in a tax liability that is greater than that resulting from the regular income tax calculation

D) Anytime a person is involved in passive activities

A

C) Explanation

The AMT is paid when the AMT tax calculation produces a higher amount of tax than the regular tax calculation and the AMT payable is the difference between the two.

LO 7.1.1

231
Q

Which of the following forms of business could NOT be a direct participation program (tax conduit)?

A) S corporation

B) Closely held C corporation

C) Limited liability company (LLC)

D) Limited liability partnership (LLP)

A

B) Explanation

The tax advantages provided by direct participation programs are founded upon the principle that most types of business organizations function as tax conduits. Therefore, a closely held C corporation cannot qualify, as there is no flow through of gains and losses.

LO 7.1.1

232
Q

Which of the following statements concerning the passive activity loss rules is NOT correct?

A) Losses from passive activities may not offset portfolio or active income except under limited circumstances.

B) The passive activity loss rules limitation is a permanent disallowance rule.

C) Losses from one master limited partnership activity may only offset income from that particular activity; they cannot be used to offset income from any other passive activities.

D) The $25,000 offset allowance for the small real estate investor is not available to taxpayers whose AGI is $150,000 or more.

A

B) Explanation

The passive activity loss limitation is not a permanent disallowance rule. When a taxpayer disposes of his entire interest in a fully taxable transaction to an unrelated purchaser (not a related party), his suspended losses from that activity, including any losses incurred in the year of disposition, are generally deductible in full.

LO 7.1.2

233
Q

To which of the following do the passive activity loss rules apply?

I. Individuals

II. C corporations that are not closely held

III. Closely held C corporations

IV. Estates

A) II and IV

B) I only

C) I, III, and IV

D) I and III

A

C) Explanation

Of the listed choices, option II is the only option to which the passive activity loss rules do not apply. The passive activity loss rules specifically do not apply to C corporations that are not closely held.

LO 7.1.2

234
Q

Your client has a salary of $80,000, dividends of $20,000, and limited partnership income of $15,000. This year, she invested in an equipment-leasing partnership. Her initial investment included $50,000 cash and a nonrecourse note for $60,000. What is the maximum tax deduction your client may take from this equipment-leasing investment this year?

A) $45,000

B) $50,000

C) $15,000

D) $35,000

A

B) Explanation

Passive losses are only deductible against passive income. She has passive income of $15,000 from the limited partnership, thus she could deduct up to $15,000 of passive losses from the equipment-leasing limited partnership.

LO 7.1.2

235
Q

Bob passed away during the current year. He had suspended losses from a limited partnership activity of $25,000. Bob’s basis in the partnership was $1,000 and the fair market value at the time of his death was $18,000. What amount of passive losses, if any, is deductible on Bob’s final income tax return?

A) $14,000

B) $8,000

C) $17,000

D) $0

A

B) Explanation

The suspended passive losses are “freed up” and deductible only to the extent that the losses exceed the step-up in basis. In this situation, the step-up in basis equals $17,000 (from $1,000 to $18,000). The losses of $25,000 exceed the step-up amount by $8,000.

LO 7.1.2

236
Q

A taxpayer invested in a real estate limited partnership several years ago. There is a special allocation in effect in the partnership. He is concerned about the deductibility of the losses that are flowing from the partnership. Which of the following rules or doctrines may limit the availability of income tax benefits from his limited partnership investment?

I. Direct participation program

II. Special allocation rules

III. At-risk rule

IV. Passive activity loss rule

A) II, III, and IV

B) II and III

C) I and IV

D) I and III

A

A) Explanation

Special allocation rules, such as the substantial economic effect doctrine, limit the ability to utilize special allocations in a partnership. The at-risk rule limits the ability to utilize leverage by attacking the use of nonrecourse financing. The passive activity loss rule limits the ability to deduct losses from activities in which the taxpayer does not materially participate. The direct participation program simply refers to a tax conduit.

LO 7.1.2

237
Q

Cindy has adjusted gross income (AGI) of $350,000. Included in the AGI is passive income of $40,000 and passive losses of $55,000, $40,000 of which she uses to offset the passive income and $15,000 of which is subject to carryforward. Which one of the following activities has the greatest potential for reducing Cindy’s tax liability?

A) Investing in an oil and gas limited partnership that is generating losses

B) None of these options will reduce Cindy’s tax liability

C) Investing in a real estate partnership in which she will not materially participate that is producing passive losses

D) Investing in “active participation” rental real estate that is producing a loss

A

A) Explanation

The active participation deduction is eliminated at $150,000 of AGI. The oil and gas limited partnership and the equipment-leasing limited partnership would produce more passive losses that are nondeductible. Therefore, none of the options are viable.

LO 7.1.2

238
Q

With respect to the at-risk rules, qualified nonrecourse financing is a debt

A) from a loan provided by a related person at “below market” terms.

B) for which at least one individual is personally liable.

C) that is convertible into an equity interest.

D) secured by specific real property.

A

D) Explanation

A partner’s share of nonrecourse financing established basis in the partnership, but is not treated as an amount at risk. Remember that nonrecourse financing is debt that is secured by the property, but for which no individual has personal liability.

LO 7.1.2

239
Q

Which of the following are requirements in order for a taxpayer who materially participates in a real property trade or business to be able to deduct any losses from the business?

More than 50% of the individual’s personal services during the tax year are performed in the real property trades or businesses in which the individual materially participates.

More than 10% of the individual’s net assets at the end of the tax year are invested in the real property trades or businesses in which the individual materially participates.

The individual performs more than 750 hours of service in the real property trades or businesses in which the individual materially participates.

A) II and III

B) I and III

C) I and II

D) I only

A

B) Explanation

Options I and III are specific requirements that must be met in order for a taxpayer to able to deduct any losses from a real estate trade or business. The amount of the individual’s net assets used in the business is not relevant.

LO 7.2.1

240
Q

Dwight has an active participation rental real estate activity. In 2019, he had losses of $20,000 from the active participation real estate and his AGI was $140,000. He was allowed to deduct $5,000 of the losses against other income. The remaining $15,000 loss was carried forward into 2020. In 2020, Dwight has an AGI of $90,000 and only $6,000 of current losses from his real estate rental activity. What amount of loss, if any, may Dwight deduct in 2020?

A) $0

B) $6,000

C) $21,000

D) $15,000

A

C)

Explanation

Dwight is allowed to deduct $21,000 of losses in 2020. The $15,000 carryforward losses are treated as if they occurred in 2020. The $6,000 current losses plus the $15,000 carryover losses total $21,000. This loss would be fully deductible as the AGI is under $100,000.

LO 7.2.1

241
Q

Paul died recently. At the time of his death, he had $12,000 in suspended losses from a limited partnership, a passive activity. His basis in the limited partnership was zero, and the step-up in basis at death was $10,000. What is the amount of suspended losses that are deductible?

A) $2,000

B) $12,000

C) $0

D) $10,000

A

A)

Explanation

The answer is $2,000, the suspended losses ($12,000) minus the basis ($10,000).

LO 7.2.1

242
Q

Patty has a $10,000 passive loss carryforward from Beta limited partnership, which is publicly traded. She also has a $15,000 passive loss carryforward from Alpha limited partnership, which is nonpublicly traded. In the current year, she has $6,000 of income from Beta. She also has $11,000 of income from Gamma LP. Gamma is not publicly traded. What is the total amount of passive losses that Patty may deduct during the current year?

A) $17,000

B) $11,000

C) $25,000

D) $6,000

A

D)

Explanation

Of the $10,000 passive loss carryforward from the Beta limited partnership, only $6,000 may be utilized in the current year due to the $6,000 of current year passive income. A total of $11,000 in losses from the Alpha limited partnership may be utilized against the $11,000 of income from the Gamma limited partnership in the current year because both are nonpublicly traded. Thus, the total of passive losses that are allowed for the current year is $17,000.

LO 7.2.2

243
Q

Nathan has a salary of $100,000, dividends of $4,000, and limited partnership income of $10,000. The limited partnership is publicly traded. During January of the current year, Nathan purchased an interest in a nonpublicly traded limited partnership that will generate a $12,000 passive loss during the current tax year. How much of this passive loss, if any, is deductible by Nathan during the current tax year?

A) $12,000

B) $0

C) $10,000

D) $4,000

A

B) Explanation

The general rule is that passive losses are deductible only against passive income. However, passive income from a publicly traded partnership cannot be offset by passive losses arising from any other source. Thus, the passive losses from the new partnership will not be deductible.

LO 7.2.2

244
Q

Your client, Joe, has active income of $300,000 per year and substantial unused passive losses from a nonpublicly traded limited partnership. He would like to find an investment that would allow him to utilize his passive losses. Which of the following are the most appropriate investments for Joe?

I. An active participation rental real estate activity generating income

II. A master limited partnership (MLP) generating income

III. Certificates of deposit generating portfolio income

IV. A nonpublicly traded limited partnership generating income

A) I, II, and IV

B) I and II

C) I and IV

D) III and IV

A

C) I and IV

Explanation

Income from active participation rental activities is considered passive income. The nonpublicly traded limited partnership losses may not offset income from a publicly traded partnership (the MLP) or portfolio income.

LO 7.2.2

245
Q

Paul has the following items:

Carryforward of prior year passive loss from:

XYZ limited partnership (publicly traded)$(10,000)

ABC limited partnership (nonpublicly traded)$(6,000)

Current year passive income and loss from:

XYZ limited partnership (publicly traded)$12,000

GHI limited partnership (publicly traded)$(9,000)

JKL limited partnership (nonpublicly traded)$18,000

RST limited partnership (nonpublicly traded)$(14,000)

What is the total amount of passive losses that Paul may deduct during the current year?

A) $28,000

B) $30,000

C) $18,000

D) $14,000

A

A)

Explanation

Publicly traded partnership (PTP) income may only be offset by prior year losses from the same partnership. Thus, the $10,000 XYZ carryforward is deductible. Nonpublicly traded income ($18,000) may be offset by current losses ($14,000) or carryforward losses ($6,000) from any nonpublicly traded activities. Thus, the $10,000 XYZ loss and the $18,000 nonpublicly traded loss total $28,000.

LO 7.2.2

246
Q

John has the following items from four separate investments during the current tax year:

Passive income from a publicly traded limited partnership: $8,000

Passive loss from a publicly traded limited partnership: $10,000

Passive income from a nonpublicly traded limited partnership: $17,000

Passive loss from a nonpublicly traded limited partnership: $9,000

What is the total amount, if any, of passive losses that may be deducted during the current year?

A) $0

B) $19,000

C) $17,000

D) $9,000

A

D)

Explanation

Losses from a non-PTP may be deducted up to the amount of income from a non-PTP. In this situation, the passive loss of $9,000 may be deducted in full against the $17,000 of passive income. The income from a PTP may not be offset by passive losses arising from any other source, and the losses from a PTP must be held in suspense until that same partnership generates income.

LO 7.2.2

247
Q

Your clients, Jane and Mark, are contemplating the purchase of a condominium to use as a rental property. They would manage the property themselves and anticipate that it would generate losses for the first few years, at least. Which of the following statements are CORRECT with respect to active participation rental real estate?

I. The interest may be held through a limited partnership.

II. A deduction-equivalent tax credit of up to $25,000 is available.

III. The taxpayer must hold a 10% or greater ownership interest in the property.

IV. The taxpayer must participate in the management of the property in a bona fide sense.

A) I, II, and III

B) I and II

C) III and IV

D) II, III, and IV

A

C) Explanation

III and IV are the only choices that are correct, by definition. The interest in the property may not, by definition, be held through a limited partnership, and up to $25,000 refers to losses that may be deducted, not credits that may be taken. The deduction-equivalent tax credits mentioned in option II are relevant with respect to low-income housing and historic rehabilitation passive activities.

LO 7.2.3

248
Q

Which of the following statements regarding passive activity losses is CORRECT?

I. When determining the amount of suspended loss that may be used against income, the at-risk rules are applied before the passive activity loss rules.

II. If a loss is not allowed because of the at-risk limitations, the loss is a suspended loss eligible for deduction as a disposition of a passive activity.

A) I only

B) II only

C) Neither I nor II

D) Both I and II

A

A)

Explanation

Statement I is correct. Statement II is incorrect. If a loss is not allowed because of the at-risk limitations, the loss is a suspended loss and is not eligible for deduction as a disposition of a passive activity.

LO 7.2.3

249
Q

Jean’s mother dies and leaves her house to Jean this year. The house is valued at $40,000. Jean rents the house to tenants for $1,000 per month following her mother’s death. What amount must Jean include in her annual gross income for this year?

A) The amount of rental income she receives

B) $40,000

C) The lesser of the FMV of the house or the amount of rental income she receives

D) $40,000 plus the amount of rental income she receives

A

A)

Explanation

Jean receives the house on a tax-free basis because inheritances and gifts are not taxable to the recipient. However, any income generated by the house, such as rental income, is subject to taxation.

LO 7.2.3

250
Q

Which of the following activities are considered passive activities?

I. A real estate broker spending 1,500 hours on her real estate activities, this being 80% of her personal services for the year

II. A taxpayer who owns an apartment building using a property management to assist him in managing the property

III. A taxpayer investing in a real estate limited partnership (RELP)

IV. A taxpayer owning 8% of an inherited condo that is rented to others during the year

A) II, III, and IV

B) I, II, III, and IV

C) I only

D) II and III

A

A)

Explanation

Statements II, III, and IV are correct. Only the real estate professional’s activities are not considered passive. In statement IV, the taxpayer owns less than 10% of the activity, so it is considered passive. This taxpayer is barred from using the real estate exception for losses because the taxpayer owns less than 10% of the activity.

LO 7.2.3

251
Q

Lisa and William are married taxpayers who file as married filing separately (MFS) for income tax purposes as it is advantageous for their tax positions; although the couple does live together. Lisa has rental property she inherited from her uncle that will generate a loss this year of $14,000. Lisa meets the active participation standard. Lisa’s AGI is $65,000 and William’s AGI is $80,000. How much is Lisa’s allowed passive activity loss this year?

A) $14,000

B) $5,000

C) $0

D) $12,500

A

C)

Explanation

The rental real estate loss allowance is not available to taxpayers who file as MFS and have lived together at any time during the tax year.

LO 7.2.3

252
Q

Which of the following applies to the at-risk rules, as related to passive loss restrictions for partners?

I. It is the maximum deductible loss for an investment limited to the amount of risk that the taxpayer has at the end of the current year.

II. Determining the amount at risk includes the adjusted basis of other property contributed to the partnership.

III. The inclusion of nonrecourse financing is essentially the only difference between the basis in a partnership and the amount at risk.

A) I only

B) II only

C) I and II

D) I, II and III

A

D)

Explanation

In the Tax Code, the at-risk rules are defined as the maximum deductible loss for an investment limited to the amount that the taxpayer-investor has at risk at the end of the current year (i.e., the amount of potential economic loss). A partner may deduct losses only to the extent of the amount that they have “at risk.” The amount at risk equals the sum of the following:

The money invested (except to the extent the money invested was borrowed and was secured only by the investment)

The adjusted basis of other property contributed to the partnership

Amounts borrowed for use in the activity, but only to the extent that the partners are personally liable for repayment of the debt (recourse indebtedness)

The partner’s share of income, less the partner’s share of losses or withdrawals from the partnership

The proportionate share of qualified nonrecourse financing in a real estate activity ONLY

Essentially, the only difference between the amount at risk and the basis in a partnership interest is the treatment of nonrecourse financing.

LO 7.2.3

253
Q

On April 1 of the current tax year, Susan sold her principal residence for a total price of $501,000; $301,000 was in cash, with the buyer assuming a $200,000 mortgage on the house. Susan purchased the house 15 years ago for $290,000, but she has an adjusted basis of $80,000 due to a Section 1034 rollover. She has not made any improvements to the house. To assist in the sale of the residence, she incurred costs of $1,500 for repairs three weeks before the sale occurred. Realtor commissions of $31,000 resulted from the sale. On May 1 of the current tax year, Susan bought a new residence for $260,000.

Assume that Susan is considering renting out her new residence for two weeks (14 days) during the upcoming tax year. However, she is unsure of the income tax consequences. Which one of the following statements is CORRECT?

A) The rental income is not includible in income.

B) The rental income may or may not be includible in income, depending on the amount.

C) The rental income is includible in income, but mortgage interest and property taxes allocable to the rental are deductible for AGI.

D) The rental income is includible in full in gross income.

A

A)

Explanation

Income from rentals for fewer than 15 days during the year are not required to be included in gross income. However, no deductions attributable solely to the rental are allowed, either. The home mortgage interest and property taxes are still deductible in full as itemized deductions.

LO 7.2.4

254
Q

If a vacation home is rented for 14 days or less during the year, which one of the following statements is CORRECT?

A) Typically, only a small amount of cost recovery deductions is allowed for the year.

B) A portion of the rental income may be nontaxable.

C) The full amount of home mortgage interest is permitted as an itemized deduction.

D) Repair expenses attributed to the rental activity are deductible.

A

C) Explanation

If property is rented fewer than 15 days per year, the full amount of home mortgage interest, taxes, and casualty losses are permitted as an itemized deduction (not expenses, though); in addition, rental income can be excluded from gross income.

LO 7.2.4

255
Q

A taxpayer currently is being audited by the IRS, and the agent has proposed a tax deficiency with which the taxpayer does not agree. The client has asked you to research the issue. Which one of the following sources is considered to be the most authoritative and, accordingly, would have the highest precedential value in defending the taxpayer’s position to the IRS?

A) Private Letter Ruling

B) Revenue Ruling

C) Revenue Procedure

D) Treasury Regulations

A

D)

Explanation

Treasury Regulations have the full force and effect of law. A Private Letter Ruling is never precedential, and Revenue Rulings and Revenue Procedures are merely administrative interpretations of the statutory tax law with lower authority than Regulations.

LO 8.1.1

256
Q

Which one of the following is a publication of specific taxpayer guidance from the IRS?

A) Revenue Rulings

B) Revenue Procedures

C) Regulations

D) Private Letter Rulings

A

D)

Explanation

Private Letter Rulings are taxpayer guidance from the IRS that apply only to the particular taxpayer(s) asking for the ruling; they are not applicable to all taxpayers. The primary purpose of the regulations is to explain and interpret particular IRS Code sections.

LO 8.1.1

257
Q

Question #3 of 30

Question ID: 1256043

Which one of the following is an application of the administrative powers of the Internal Revenue Service and not of the powers of Congress?

I. Regulations

II. Revenue Rulings

A) II only

B) I only

C) Both I and II

D) Neither I nor II

A

A)

Explanation

Regulations are a direct extension of the lawmaking powers of Congress, whereas revenue rulings are an application of the administrative powers of the Internal Revenue Service.

LO 8.1.1

258
Q

Which one of the following is NOT a group of the IRS Regulations?

A) Interpretive

B) Procedural

C) Implementative

D) Legislative

A

C)

Explanation

Regulations can be classified into three groups: (1) legislative, (2) interpretive, and (3) procedural.

LO 8.1.1

259
Q

Which of the following is a public pronouncement that contains official guidance about regulations or interpretations of the Internal Revenue Code (IRC)?

A) Revenue Procedure

B) Revenue Ruling

C) Notice

D) Private Letter Ruling

A

C)

Explanation

A notice is a public pronouncement that contains official guidance about regulations or interpretations of the Code. The guidance is often substantial but again, ultimately it only points to higher regulations. Notices in and of themselves do not carry the weight of law.

LO 8.1.1

260
Q

Which one of the following is advice from the National Office of the IRS requests that can give both the taxpayer and a revenue agent an opportunity to resolve a dispute?

A) Private Letter Rulings

B) Announcement

C) Technical Advice Memoranda

D) Notice

A

C)

Explanation

Technical Advice Memoranda normally take place during an audit or during the appeals process of the audit; they give both the taxpayer and the revenue agent an opportunity to resolve a dispute over a technical question. Private Letter Rulings are taxpayer guidance from the IRS that apply only to the particular taxpayer(s) asking for the ruling; they are not applicable to all taxpayers. A Notice is a public pronouncement that contains official guidance about regulations or interpretations of the Code. Announcements often summarize code sections in layman’s terms, or notify taxpayers of impending deadlines; they have only short-term value.

LO 8.1.1

261
Q

Which one of the following is NOT a goal of the federal income tax system?

A) Price stability

B) Economic growth

C) Inflation control

D) Monetary policy

A

D)

Explanation

The Federal Reserve System controls monetary policy. Income tax policy is used to influence all of the other goals.

LO 8.1.2

262
Q

Which one of the following is NOT a main source of federal tax revenue?

A) Taxation of taxpayers living abroad

B) Corporate income taxation

C) Payroll taxation

D) Individual income taxation

A

A)

Explanation

The three main sources of federal tax revenue are individual income taxes, corporate income taxes, and payroll taxes; taxation of taxpayers living abroad is not a main source of federal tax revenue.

LO 8.1.2

263
Q

Which one of the following objectives of the federal taxation system would include keeping prices stable?

A) Revenue raising

B) Social objective

C) Economic objective

D) Writing tax code

A

C)

Explanation

The first, and perhaps most important, goal of the economic objective is price stability. As a social objective, JGTRRA and TCJA significantly increased the Section 179 expense limit and the amount of depreciation deductions (bonus depreciation) that may be claimed in the first year in an attempt to stimulate purchases of business assets. Revenue raising through corporate, individual, and payroll taxes is an important objective of the federal taxation system.

LO 8.1.2

264
Q

Which one of the following is NOT a federal taxation function of the economic objective?

A) Charitable deduction

B) Promoting full employment

C) Reduction of taxes during a recession to stimulate the economy

D) Restricting spending through greater taxation

A

A)

Explanation

The reduction of taxes in order to stimulate the economy is due to the economic objective, as are restricting spending and promoting full employment. Social objectives of the federal taxation system include the charitable deduction, excluding life insurance proceeds from taxation, and renovation of a historic home.

LO 8.1.2

265
Q

Which one of the following provides the greatest federal revenue from IRS taxation?

A) Corporate income taxes

B) Gift taxes

C) Estate taxes

D) Individual income taxes

A

D)

Explanation

The three main sources of federal tax revenue are individual income taxes, corporate income taxes, and payroll taxes. Individual income tax accounts for approximately 40% of the total tax revenue collected by the federal government. The federal estate tax and gift tax actually compose only a small percentage of annual tax revenues.

LO 8.1.2

266
Q

Which one of the following is a tax return preparer failure that would initiate a tax penalty from the IRS?

A) Failure to maintain a list of all returns prepared for the past five years

B) Failure to keep a copy of all returns prepared for at least the last 10 years

C) Failure to sign a return as preparer and give their tax identification number on the return

D) Failure to provide a taxpayer with a receipt for their services

A

C)

Explanation

The following actions would constitute a tax return preparer’s failure subject to a tax penalty: failure to provide a taxpayer with a copy of their return, failure to keep a copy of all returns prepared for at least the last three years or to maintain a list of returns prepared, and failure to sign a return as preparer and give their tax identification number on the return.

LO 8.2.1

267
Q

Which of the following parties may be subject to IRS penalties?

A) Both the individual taxpayer and the tax preparer

B) Tax preparer only

C) The individual taxpayer when the tax preparer has closed their business

D) Individual taxpayer only

A

A) Explanation

Both clients and tax professionals alike may be held accountable for tax reporting errors. Financial planners should also be aware that a tax return preparer might be subject to certain penalties. These penalties include failure to provide a taxpayer with a copy of their return, failure to keep a copy of all returns prepared for at least the last three years or to maintain a list of returns prepared, and failure to sign a return as preparer and give their tax identification number on the return.

LO 8.2.1

268
Q

What is the amount and character of the penalty for an employer who fails to withhold Social Security and federal income taxes from employee paychecks?

A) 100%, and the responsible party needs to pay back what is owed plus a 100% penalty

B) 50%, but the responsible party needs only to pay back 50% of what is owed with no additional penalty

C) 100%, but the responsible party needs only to pay back what is owed with no additional penalty

D) 50%, and the responsible party needs to pay back what is owed plus a 50% penalty

A

C)

Explanation

Employers are required to withhold amounts from an employee’s paycheck for Social Security taxes and federal income taxes. If the employer fails to do so or fails to pay such amounts to the IRS, they or any other responsible person will be subject to the 100% penalty, which is simply having to pay 100% of the amount they should have collected, accounted for, and paid; they are not subject to any additional penalty.

LO 8.2.1

269
Q

To be considered a responsible person by the IRS, which one of the following is among the important factors?

A) No authority to sign checks

B) Shareholder of a similar company

C) In charge of hiring and firing employees

D) Impressive title

A

C)

Explanation

The determination of whether someone is a responsible person is a test of facts and circumstances. Some of the questions the IRS usually asks in determining responsibility are as follows: Was the individual an officer or director? Was the individual a shareholder? Was the individual a member of a board of directors? Did the individual have the authority to sign checks? Was the individual responsible for hiring and firing employees? Did the individual have actual authority or merely an impressive title?

LO 8.2.1

270
Q

Which one of the following is NOT a type of tax audit performed by the IRS?

A) A correspondence audit

B) A field audit

C) An office audit

D) A home audit

A

D)

Explanation

The three types of tax audit performed by the IRS are as follows: a correspondence audit, which is usually performed through the mail because the disputed tax issue is minor; an office audit, which is usually restricted in scope to a specific item or items and is performed at the IRS office by an office auditor; and a field audit, which is an examination of numerous items and is usually performed on the premises of the taxpayer (such as a business office) by a revenue agent.

LO 8.2.2

271
Q

Which one of the following types of audits is conducted on a random basis?

A) Document Matching Program audit

B) Discriminant Functions System Program audit

C) National Research Program audit

D) Targeted Program audit

A

C)

Explanation

The National Research Program audit is the only random audit that the IRS conducts. The NRP is, in effect, the replacement for the old Taxpayer Compliance Measurement Program audit. The Discriminant Functions System Program (DIF) compares the information on each return to a set of norms, weighs each item, and ranks the return for audit-worthiness. The Document Matching Program allows the IRS to detect discrepancies between the amounts reported on a tax return and the amounts shown on information documents (e.g., W–2 forms, 1099 forms). Under the Targeted Program Audit, the IRS “targets” particular taxpayers in particular situations.

LO 8.2.2

272
Q

Which one of the following is a statute of limitations that restricts the IRS in auditing a return?

A) Seven years from the filing date of the return or due date, if later

B) Twelve years if 50% of gross income is unreported

C) Ten years for failure to file or if a fraudulent return is filed

D) Six years if 25% of gross income is unreported

A

D) Explanation

After the statute of limitations has passed, except in cases of fraud, the IRS cannot audit a return. The statutes to be aware of are as follows: three years from the filing date of the return or due date if later, six years if 25% of gross income is unreported, and no statute of limitations for failure to file or if a fraudulent return is filed.

LO 8.2.2

273
Q

If an individual taxpayer files a Form 4868 on a timely basis in 2020, the 2019 federal income tax return is due (ignoring weekends or holidays), at the latest, by

A) April 15, 2020

B) July 15, 2020

C) August 15, 2020

D) October 15, 2020

A

D)

Explanation

The Form 4868 provides an automatic six-month extension of time to file the Form 1040. The return would be due April 15 without regard to extensions. With the six-month extension, the due date is October 15.

LO 8.2.2

274
Q

Which of the following statements describes the constructive receipt doctrine?

Darrell was issued notification in December of this year that his bonus for the current year would be $10,000 and the check would be issued in January next year.

Martha was notified that a check would be issued to her on December 31 for royalties on her song used in a local commercial; the check was available for pick up that day.

A) Both I and II

B) I only

C) II only

D) Neither I nor II

A

C)

Explanation

Darrell was only notified in December of the amount of the bonus that would be paid. No check was issued and the funds were not available until January of the following year. The check to Martha constitutes constructive receipt, whether or not she picks up the check in December.

LO 8.2.3

275
Q

For a taxpayer with an AGI in excess of $150,000 for the prior tax year ($75,000 if married filing separately), the estimated tax penalty safe harbor is

A) 90% of the prior year’s tax liability or 110% of the current year’s tax liability.

B) 90% of the current year’s tax liability or 110% of the prior year’s tax liability.

C) 120% of the prior year’s tax liability or 80% of the current year’s tax liability.

A

B) Explanation

The safe harbor is 90% of the current year’s tax liability or 110% of the prior year’s tax liability if the taxpayer’s prior-year AGI exceeded $150,000.

LO 8.2.3

276
Q

John has had a very good year and has over $600,000 of taxable income, including a sizable amount of capital gains. He’s thinking of selling a large block of stock to a neighbor at a price significantly below market value solely to recognize the loss. If a court disallows the loss on the sale of the stock because the sale was not bona fide and was made for the sole purpose of realizing a loss, which doctrine is being applied?

A) Step transaction doctrine

B) Sham transaction doctrine

C) Assignment of income doctrine

D) Clear reflection of income doctrine

A

B)

Explanation

A sale that is not bona fide and made for the sole purpose of realizing a loss from the transaction would be considered a sham transaction.

LO 8.2.3

277
Q

Question #23 of 30

Question ID: 1248111

Frank, a taxi driver, inadvertently fails to report approximately $1,200 of his tips received during the tax year. If the IRS imposes a penalty due to the underreported income, it would most likely impose a penalty equal to

A) 50% of the deficiency.

B) 75% of the deficiency.

C) 20% of the deficiency.

D) 20% of the deficiency plus 50% of the interest.

A

C) Explanation

The negligence penalty is likely to be imposed, due to the failure to make a reasonable effort to comply with the requirements of the Code. This carries a penalty of 20% of the deficiency.

LO 8.2.3

278
Q

Bill’s 2019 income tax return, which was for a full year, showed an AGI of $140,000 and an income tax liability of $32,100. He estimates his 2020 income tax to be $38,000 and his total wage withholding to be $5,000.What minimum amount of estimated tax payments must Bill pay (in equal quarterly installments) for 2020?

A) $41,800

B) $32,100

C) $34,200

D) $27,100

A

D)

Explanation

The safe harbor for avoiding the underpayment penalty is the lesser of 90% of the current year tax liability or 100% of the prior year tax liability (110% if the prior year’s AGI was over $150,000). 100% of the prior year tax liability is $32,100. 90% of the current year tax liability of $38,000 is $34,200. The smaller of these numbers, reduced by the $5,000 withholding, equals $27,100.

LO 8.2.3

279
Q

In 2020, Jim had an AGI of $160,000. What percentage of prior-year income tax must be paid by Jim in 2020 to avoid the imposition of a penalty for underpayment of estimated tax?

A) 90%

B) 100%

C) 80%

D) 110%

A

D) Explanation

The common exception for avoiding estimated tax penalties generally is 90% of the current year’s tax or 100% of the prior year’s tax. However, if the prior year’s AGI exceeds $150,000, then the requirement is 90% of the current year tax or 110% of the prior year’s tax liability.

LO 8.2.3

280
Q

All of the following are tax avoidance techniques except

A) investing in tax-free municipal bonds.

B) utilizing tax credits such as qualifying child care expenses.

C) investing in zero-coupon U.S. Treasury bonds.

D) owning, rather than renting, a residence to benefit from claiming a home mortgage interest deduction.

A

C) Explanation

Taxes must be paid on accrued interest on zero-coupon Treasury bonds even though no cash income is received. The other choices are legitimate tax avoidance techniques.

LO 8.2.3

281
Q

Gil owns a portfolio of income-producing real estate. Gil retains ownership of the real estate but directs that the rental income be paid to his son, Kevin. The income is paid directly to Kevin, who reports it as part of his taxable income. Gil does not report the income on his tax return. With which one of the following potential tax traps should Gil be most concerned?

A) Constructive receipt

B) Assignment of income

C) Ownership attribution rules

D) Substance over form

A

B)

Explanation

The fact that Gil retains ownership of the property and merely assigns the income to someone else is a potential tax trap for him. The assignment of income doctrine serves to tax the person who actually owns the property producing the income. The income cannot merely be assigned to another in order to generate tax advantages.

LO 8.2.3

282
Q

Brandon failed to file a federal income tax return for last year’s tax liability by April 15 of the current year. He filed his tax return October 30 of the current year and remitted the tax that was due. Which of the following statements is CORRECT?

I. Brandon will owe interest to the IRS on the unpaid tax liability that runs from April 15 of the current year until the tax liability is paid in full.

II. Because he took so long to file, the 90%/100% payment criteria does not apply.

III. Brandon will be assessed the failure-to-file penalty.

IV. Depending on the facts and circumstances surrounding the return filed, Brandon could be assessed a negligence penalty.

A) I only

B) III and IV

C) I, III, and IV

D) I, II, III, and IV

A

D)

Explanation

Statement II is incorrect. The 90%/100% underpayment criteria will still apply even though Brandon did not file in a timely manner. All of the other statements are correct.

LO 8.2.3

283
Q

Fred runs a small business that has been in the family for over 50 years. The business has always used the cash basis method of accounting. Which of the following would be considered income to Fred last year?

A bonus he declared for himself on December 31 of last year that is not payable until January 2 of the following year

Dividends received on December 30 of last year

Salary received during last year

Interest on his money market account last year, but not posted until January 2 of the next year

A) I and II

B) II, III, and IV

C) I, II, and III

D) II and III

A

B)

B) Explanation

For the cash method of accounting, all income actually received during the tax year is included in gross income (e.g., dividends, interest, wages). Income received constructively during the year, even though actual receipt is delayed, is includible for the tax year. Bonuses declared but not yet payable until the next tax year are not includible for the prior tax year because there was no constructive receipt.

LO 8.2.3

284
Q

Tom and Jeanette are married taxpayers filing jointly. Jeanette is the owner of a chain of successful car washes, from which she receives a substantial portion of her income in cash. Last year, the car washes had sales of $160,000, but Jeanette intentionally failed to report $12,000 of the sales that she received in cash.

Which one of the following penalties is the Internal Revenue Service most likely to apply if it determines that Jeanette underreported her income?

A) Civil fraud penalty

B) Underreporting penalty

C) Substantial understatement penalty

D) Negligence penalty

A

A)

Explanation

This is essentially taxpayer fraud that does not rise to the level of criminal fraud (most of the income was declared), but is willful. If imposed, the penalty is 75% of the portion of tax underpayment attributable to fraud.

LO 8.2.3

285
Q

Last year, Soleyah deducted $21,500 of itemized deductions. In the current year, she received a state income tax refund of $465. The $465 may be taxable income in the current year.

Which of the following tax doctrines may subject the refund to taxation?

A) Tax benefit rule

B) Step transaction doctrine

C) Assignment of income doctrine

D) Substance over form doctrine

A

A) Explanation

This rule converts otherwise nontaxable receipts into taxable income. The most common example is when a taxpayer is reimbursed in a subsequent year for medical expenses paid and deducted in a previous year.

LO 8.1.2

286
Q

Stephanie’s tax return for a prior year has been audited, and the IRS has assessed a deficiency of $6,000 against her. In addition, she owes interest of $1,500 on the deficiency. The deficiency was due to negligence on Stephanie’s part. What is the tax penalty that may be imposed on Stephanie?

A) $1,500

B) $7,500

C) $2,500

D) $1,200

A

D)

Explanation

The negligence penalty is imposed if any part of the underpayment of tax is due to taxpayer neglect or a disregard for the tax rules and regulations, without the intent to defraud. The penalty is 20% of the portion of the underpayment attributable to negligence, which is $1,200 in this case.

LO 8.2.3

287
Q

Maria is a single taxpayer. She is the owner of a car wash, from which she receives a substantial portion of her income in cash. Last year, the car wash had sales of $160,000, but Maria intentionally failed to report $15,000 of the sales that she received in cash.

Which of the following penalties is the IRS most likely to apply if it determines that Maria underreported her income?

A) Ad valorem penalty

B) Willful reckless endangerment penalty

C) Accuracy penalty

D) Civil fraud penalty

A

D) Explanation

Maria is attempting to intentionally deceive the IRS, which will likely result in a civil fraud penalty.

LO 8.2.1

288
Q

Which of the following sources of authority on a tax issue may be relied upon in tax research?

I. Treasury Regulation

II. Tax Court opinion

III. United States Supreme Court opinion

A) I, II, and III

B) I and II

C) I and III

D) II and III

A

A)

Explanation

Congress has authorized the Secretary of the Treasury to prescribe and issue all rules and regulations needed for enforcement of the Code. Regulations can be classified into three groups: (1) legislative (Treasury Regulation), (2) interpretive (Tax Court opinion), and (3) procedural (United States Supreme Court opinion).

LO 8.1.1

PREV

289
Q

Mary Franks filed her 2016 income tax return on April 3, 2017. The IRS has recently determined that she worked a part-time job, but the employer failed to provide Mary with a W-2. Mary honestly did not realize that she was required to report the income, because she did not receive a W-2. The IRS has determined that her negligent failure to report the income resulted in an additional income tax liability of $2,000.

What is Mary’s tax penalty?

A) $1,000

B) $100

C) $200

D) $400

A

D) Explanation

The answer is $400. The negligence penalty is 20% of the deficiency due to the taxpayer’s negligence. For the $2,000 tax deficiency, 20% results in a negligence penalty of $400. It may be argued that the failure to report the income was fraud, but the fact pattern states that the act was merely negligent.

LO 4.3.2

290
Q

Ed deducted $6,500 in medical expenses as an itemized deduction on his prior-year tax return. During the current year, he receives a reimbursement from his insurance company of $5,000.

Which of the following rules or doctrines may cause the reimbursement to be taxable to Ed?

A) Step transaction doctrine

B) Tax benefit rule

C) Substance over form doctrine

D) Assignment of income doctrine

A

B) Explanation

The tax benefit rule converts otherwise nontaxable receipts into taxable income. The most common example is when a taxpayer is reimbursed in a subsequent year for medical expenses paid and deducted in a previous year.

LO 8.1.2

291
Q

Melanie has city income taxes of $800 and state income taxes of $1,000 withheld from her paycheck last year. She deducted these amounts on her income tax return for last year. This year, Melanie received a refund from the state for $200 due to an overpayment of the state tax. What is the proper tax treatment of the refund this year?

A) Melanie must include $200 in her gross income this year.

B) The $1,000 deducted last year must be included as income in the current year.

C) Melanie must reduce the amount she deducts for state income taxes in the current year by the $200 refund.

D) Melanie need not take any action because refunds are not income.

A

A)

Explanation

The tax benefit rule or doctrine converts an otherwise nontaxable receipt—in this case, the $200 state income tax refund—into taxable income. Melanie received a tax benefit by deducting the state income taxes the prior year, and any portion refunded to her would be taxable in the year it is received.

LO 8.2.3

292
Q

Wayne and Gil are married taxpayers filing jointly. Wayne is the owner of an upscale restaurant, from which he receives a substantial portion of his income in cash. During the current year, the restaurant had sales of $80,000, but Wayne intentionally failed to report $15,000 of the sales that he received in cash.

Which of the following penalties is the IRS most likely to apply if it determines that Wayne underreported his income?

A) Civil fraud penalty

B) Substantial understatement penalty

C) Negligence penalty

D) Underreporting penalty

A

A)

Explanation

Wayne is attempting to deliberately deceive the IRS. This is civil fraud—essentially taxpayer fraud that does not rise to the level of criminal fraud. If imposed, the penalty is 75% of the portion of tax underpayment attributable to fraud.

LO 8.2.1

293
Q

Which of the following correctly describes the Targeted Program audit process?

A) Computes the norms and averages that are used in the Discriminant Functions System Program

B) Screens individual tax returns and ranks them in order of auditworthiness

C) Matches information documents (e.g., W-2 or 1099 forms) to individual taxpayers’ income tax returns

D) Voluntary compliance program designed for selected transactions or occupations

A

D)

Explanation

The IRS uses a targeted programs approach for approximately 25% of all returns audited. Targeted Program audits are not so much a revenue-raising device as they are a voluntary compliance device. When a particular problem area is singled out, the word quickly spreads, and voluntary compliance is greatly increased.

LO 8.2.2

294
Q

Alex’s tax return for 2019 has been audited, and the IRS has assessed a deficiency of $5,000 against him. In addition, he owes interest of $3,000 on the deficiency. The deficiency was due to negligence on Alex’s part. What is the tax penalty that may be imposed on Alex?

A) $700

B) $1,000

C) $8,000

D) $3,000

A

B)

Explanation

The negligence penalty is imposed if any part of the underpayment of tax is due to taxpayer neglect or a disregard for the tax rules and regulations, without the intent to defraud. The penalty is 20% of the portion of the underpayment attributable to negligence, which is $1,000 in this case.

LO 8.2.2

295
Q

A revenue ruling is

A) an administrative interpretation of statutory tax law that is generally related to specific circumstances of fact.

B) a court’s general administrative interpretation of the Internal Revenue Code and regulations.

C) a judicial interpretation of specific circumstances related to a taxpayer.

D) a judicial interpretation of an Internal Revenue Code provision or a Treasury regulation.

A

A)

Explanation

A revenue ruling is an administrative interpretation of statutory tax law that is generally related to specific circumstances of fact.

LO 8.1.1

296
Q

Form 1040 forms and schedules

A

A= itemized deductions

B= interest & ordinary dividends

C= sole proprietorship- profit or loss from business

D= capital gains or losses

E= S Corps, Partnerships, Rental RE

SE= Self Employment tax

297
Q

What amount of the payments to Susan can Bobby and Claudia deduct as alimony on their 2020 federal income tax return?

A) $3,600

B) $6,000

C) $0

D) $7,200

A

C) Explanation

None; the payments to Susan are not deductible alimony. Child support comprises $300 of the monthly payments, and because there is a liability to continue making payments after Susan’s death, the balance of the monthly payments do not qualify as deductible alimony.

LO 9.2.1

298
Q

Case Study #2: If Claudia were to sell the bond portfolio today for the value shown on the Statement of Financial Position, what would be the taxable gain?

A) $32,000

B) $64,000

C) $27,000

D) $0

A

A)

Sale price$80,000

Basis($48,000)

Long-term capital gain$32,000

LO 9.1.2

299
Q

Case study #3:

Question #3 of 10

Question ID: 1248164

What is Claudia’s adjusted basis in the art collection?

A) $40,000

B) $8,200

C) $10,000

D) $16,150

A

A) Explanation

Property received by bequest generally receives a stepped-up basis to its fair market value (FMV) at the date of death. Claudia’s basis in the art collection is $40,000.

LO 9.3.1

300
Q

Case study question:

Question #4 of 10

Question ID: 1248158

What is the approximate net loss/gain that the Turners will report regarding their rental real estate on Schedule E for 2020? (Assume mortgage interest of $12,594 in 2020.)

A) $1,406 gain

B) $6,394 loss

C) $6,200 gain

D) $4,394 loss

A

B)

Explanation

The Turners would report a $6,394 loss on Schedule E for 2020, calculated as follows:

Income net of management fees$14,000

Mortgage interest*($12,594)

Operating costs($1,400)

Taxes($1,000)

Association dues($4,400)

Insurance premiums($1,000)

Net loss($6,394)

*Assumed mortgage interest calculation

Mortgage payments$17,244

Principal reduction

Beginning balance (after 24 payments)$122,040

LO 9.1.2

301
Q

Case Study question:

Susan’s parents have gifted the children, Bill and Alice, various investments. Alice has investment income of $4,000 in 2020 and earned $1,000 babysitting. Bill’s investments did not perform as well; he only earned $2,000, but his part-time job in Bobby’s jewelry store paid him $6,000. Susan provides more than 50% of each child’s support. Given their earnings, can Susan still list both children as dependents on her tax return this year?

A) Yes, both children meet the requirement of a qualifying child under IRS regulations.

B) No, she can claim Alice, but Bill is too old to be a dependent and earned too much money.

C) Yes, it doesn’t matter whether she provided 50% of their support because they are under age 19.

D) No, she may not claim either child, but Bobby can.

A

A) Explanation

Yes, both children meet the requirement of a qualifying child under IRS regulations.

For a qualifying child, a taxpayer may claim an individual as a dependent if the individual satisfies all of the following requirements:

The individual must meet one of the following relationships:

Child, stepchild, foster child, or adopted child of the taxpayer

Brother, sister, stepbrother, or stepsister of the taxpayer

Descendants of any of the individuals listed above

The individual must live with the taxpayer for more than half of the taxable year.

The individual must pass an age test by meeting one of the following:

Individual is under age 19 at the close of the tax year.

Individual is a full-time student and under the age of 24 at the close of the tax year.

Individual is totally and permanently disabled at any time during the tax year.

The individual must not have provided more than half of her own support during the tax year.

The individual cannot claim any other individual as a dependent.

The individual may not file a joint return for the tax year (unless the only reason a return was filed was to obtain a refund of tax withheld).

The individual generally must also be a US citizen, US national, or a resident of the United States, Canada, or Mexico.

The child must be younger than the taxpayer.

LO 9.3.1

302
Q

Case study question:

Alice, age 16, claimed by her parents as a dependent, had investment income of $4,000 last year (2020) and earned $1,000 babysitting. How much of Alice’s income will be taxed at her individual tax rate?

A) $3,650

B) $1,350

C) $1,900

D) $1,850

A

D) Explanation

Alice is subject to the kiddie tax rules.

Alice

Unearned income (UI)$4,000

Earned income (EI)$1,000

Gross income$5,000

Standard deduction($1,350)(earned income plus$350)

Taxable income$3,650

UI taxed at her parents rate($1,800)($4,000 – $2,200)

Income taxed at child’s rate$1,850

LO 9.2.2

303
Q

Case Study question:

Assume that in 2020, Bobby had a vacant lot that was given to him as a gift from his father that had an FMV of $40,000 and an adjusted basis of $15,000. His friend Mike had a larger lot to dispose of that had an FMV of $85,000 and an adjusted basis of $50,000. Mike exchanged it for the smaller lot and $45,000 cash. Bobby thinks this is a good deal. Calculate the realized gain for Bobby.

A) $10,000

B) $25,000

C) $50,000

D) $0

A

B) Explanation

Bobby

Fair market value of property received

$85,000

Cash (boot) paid($45,000)

$40,000

Adjusted basis in asset surrendered($15,000)

Equals: Realized Gain$25,000

LO 9.1.2

304
Q

Case Study question:

Assume that in 2020, Bobby had a vacant lot that was given to him as a gift from his father that had an FMV of $40,000 and an adjusted basis of $15,000. His friend Mike has a larger lot to dispose of that has an FMV of $85,000 and an adjusted basis of $50,000. Mike exchanged it for the smaller lot and $45,000 cash. Bobby thinks this is a good deal. Calculate the recognized gain for Bobby.

A) $25,000

B) $50,000

C) $0

D) $10,000

A

C)

Explanation

Bobby paid boot; he did not receive it. Therefore, he has no recognized gain on the like-kind exchange.

LO 9.3.2

305
Q

Case Study:

Claudia’s father, Ralph, has been in an assisted living facility for the last 30 months. Prior to that, he lived at the home he shared with his spouse, Louise. Louise still lives in the home but will be moving to the assisted living facility to join her husband soon. She has asked Claudia to sell their small home, which has increased in FMV as a result of extensive development in their neighborhood. They paid $40,000 for the home 50 years ago and have been greatly surprised to receive an offer of $325,000 from a developer interested in the land. Because Ralph hasn’t been living in the home recently, they are resigned to paying tax on the sale. How much of the gain on the sale of the home is taxable to Claudia’s parents?

A) $35,000

B) $0

C) $250,000

D) $285,000

A

B) Explanation

A taxpayer who sells a principal residence can exclude up to $250,000 of gain ($500,000 if married) if he owned the home and used it as a principal residence for at least 2 out of the 5 years preceding the sale. Because both Claudia’s mother and father have used the home as a principal residence for at least 2 of the last 5 years, the entire gain of $285,000 would be excluded from their income.

LO 9.2.2

306
Q

Case Study:

Claudia wants to donate a portrait of an ancestor who served in the American Revolution to the museum in her town that houses a collection of Revolution Era items. Her basis in the portrait is $1,750, and it has a fair market value of $2,000. How much can she potentially deduct as a charitable contribution this year, assuming it is her only donation?

A) $1,750, as it is related-use capital gain property, so she must use basis

B) None, because it is the portrait of a relative

C) $600, as the museum is a 30% organization, so she must use FMV

D) $2,000, as it is related-use capital gain property

A

D)

Explanation

The portrait is related-use, capital gain property. Claudia may deduct an amount up to 50% of their AGI if she uses the basis of the painting and 30% of AGI if she uses FMV. As long as Claudia’s AGI is greater than $6,667, she can deduct the FMV of the portrait.

LO 9.2.1

307
Q

Christopher’s wife, Sarah, died last year and he has been living alone in their home since then. What filing status should he use when filing his income tax return for this year?

A) Married filing jointly

B) Head of household

C) Qualifying widower (surviving spouse)

D) Single

A

D) Explanation

Christopher may only file as a single taxpayer. He has no dependent children or other dependents in his household and does not qualify for either qualifying widower or head of household status.

LO 1.1.1

308
Q

Philip, a professor, earned a salary of $140,000 from a university in the current year. He received $35,000 in dividends and interest during the year. In addition, he incurred a loss of $25,000 from an investment in a passive activity. Assuming Philip’s at-risk amount in the activity at the beginning of the current year was $15,000, what is his AGI for the current year?

A)

$175,000

B)

$150,000

C)

$115,000

D)

$160,000

A

A) Explanation

Philip’s AGI, after considering the passive investment (and loss), is $175,000. This consists of $140,000 of active income and $35,000 of portfolio income. Philip cannot deduct the passive loss of $25,000 against either active or portfolio income. In addition, he is further restricted to a total possible loss of only $15,000 because of the at-risk rules.

LO 1.1.2

309
Q

Question #3 of 85

Question ID: 1248340

The following summarizes several financial events in the life of George during the current tax year.

Received $100,000 from a life insurance policy due to the death of his brother

Had gambling winnings of $45,000, while incurring gambling losses of $20,000

Received net royalties of $10,000 from an oil and gas investment

Received $5,000 of unemployment compensation

Had job-related moving expenses of $4,000

Contributed $6,000 to an IRA

Assuming George is NOT a professional gambler, what is his total income for the current tax year?

A)

$34,500

B)

$155,000

C)

$45,500

D)

$60,000

A

D)

Explanation

Total income is basically the starting point of the income tax calculation. The gambling winnings of $45,000, the unemployment compensation of $5,000, and the royalties of $10,000 are all included in income. Gambling losses are an itemized deduction, to the extent of gambling winnings; thus, they do not affect the total income. The life insurance proceeds received by reason of death of the insured are excluded from income. The IRA contribution is a potential adjustment to income, and does not affect the total income. Job-related moving expenses are only deductible for active duty military personnel who are undergoing a change of station.

LO 1.2.1

310
Q

Question #4 of 85

Question ID: 1248343

Lowell and Thelma are married and will file a joint return for the current tax year. They are contributing to their respective 401(k) plans through their employers. They have provided you with the following information.

Lowell’s salary (after 401(k) contributions)$75,000

Thelma’s salary (after 401(k) contributions)$50,000

Alimony payments to Lowell’s ex-wife$24,000

Net long-term capital loss$7,000

Property taxes$2,000

IRA contribution—Lowell$6,000

IRA contribution—Thelma$6,000

Lowell’s divorce was finalized in 2015. Based on the information given, what is the couple’s adjusted gross income for the current tax year?

A)

$98,000

B)

$86,000

C)

$118,000

D)

$82,000

A

B)

Explanation

The salaries of $125,000 reduced by the $24,000 of alimony payments equals $101,000. This is further reduced by $3,000 of net capital losses. Remember that only $3,000 of net capital losses are deductible in a given year, with an indefinite carryforward of the excess. The $12,000 of IRA contributions is also deductible. Even though both spouses are active participants in company-maintained retirement plans, their MAGI (AGI without the IRA contributions) is only $98,000. This is under $104,000 (for 2020)—the beginning of the phaseout range for married couples filing jointly, when both spouses are active participants. The property taxes are an itemized deduction, and do not affect the AGI.

LO 1.3.1

311
Q

Question #5 of 85

Question ID: 1248344

Fred, age 59, is a single taxpayer. He has wage income of $90,000 for the current tax year. Fred is not an active participant in a company-maintained retirement plan. In addition, he has the following:

Long-term capital gains$4,000

Short-term capital losses$9,000

Loss from active participation rental real estate$3,700

Alimony paid to ex-wife$5,200

Gambling winnings$7,100

Gambling losses$4,100

Interest income$3,500

Sole proprietorship (Schedule C) income$2,000

Self-employment tax liability$283

Qualified home mortgage interest$11,890

Real estate tax paid$1,840

Investment interest expense$4,925

Charitable contributions (cash)$2,975

Total medical expenses$4,217

State and local income taxes$1,625

Consumer interest$2,180

Unreimbursed employee business expenses$1,560

IRA contribution$6,000

Fred’s divorce was finalized in 2017. What is the amount of Fred’s allowable itemized deductions?

A)

$28,607

B)

$25,930

C)

$35,712

D)

$26,647

A

B)

Explanation

The itemized deductions total $20,930. This is composed of the qualified home mortgage interest of $11,890, the real estate tax paid of $1,840, the investment interest expense of $3,500, the charitable contributions of $2,975, the state and local income taxes of $1,625, and the gambling losses to the extent of gambling winnings ($4,100). Note that the unreimbursed employee business expenses are not deductible because of TCJA. Also, the medical expenses are not deductible because they do not exceed 7.5% of adjusted gross income. Also note that in this situation the investment interest expense of $4,925 is deductible only up to the amount of net investment income, which in this situation is $3,500 (the interest income). Consumer interest (interest on personal auto loans, credit card debt, etc.) is nondeductible.

Home mortgage interest$11,890

Property taxes$1,840

Investment interest expense$3,500

Charitable contributions$2,975

State and local income taxes$1,625

Gambling losses (to extent of winnings)$4,100

Allowable itemized deductions$25,930

LO 1.3.2

312
Q

Sandra and Colby, a married couple, ask you to explain how taxable income is calculated after adjusted gross income has been determined. Which of the following is a deduction from adjusted gross income (AGI) to arrive at taxable income?

Additional standard deduction

Itemized deductions

Exclusions

Tax credits

A)

II and III

B)

I and II

C)

I, II, III, and IV

D)

IV only

A

B)

Explanation

To compute the taxable income, we subtract the greater of the standard deduction (including the additional standard deduction for elderly or blind) or the itemized deductions from AGI. We also subtract the qualified business income (QBI) deduction, if any, to arrive at the taxable income. Exclusions are not reported on the return, so they don’t need to be subtracted. Tax credits are deducted from the tax liability.

LO 1.4.1

313
Q

Question #7 of 85

Question ID: 1248349

Assume that married taxpayers filing jointly have a taxable income of $466,500. What is the taxpayers’ effective tax rate? You will need to use the tax rate schedule found in your materials.

A) 22%

B) 47%

C) 35%

D) 24.2%

A

D)

Explanation

The effective income tax rate is the amount of income tax ($112,865) divided by the taxable income of $466,500. This gives us 24.2%.

Taxable income$466,500

Less (from tax rate schedule)(414,700)

Amount over $414,700$51,800

Times (marginal rate, from tax rate schedule)35%

Tax on amount over $414,700$18,130

Plus (from tax rate schedule)94,735

Total Tax$112,865

LO 1.4.2

314
Q

Question #8 of 85

Question ID: 1248352

Which of these is CORRECT regarding the Lifetime Learning credit?

A)

The credit applies during the first four years of postsecondary school.

B) The credit is equal to 100% of the first $2,000 and 25% of the next $2,000 of qualifying higher education expenses.

C)There is a phaseout between $118,000 and $138,000 of AGI for married taxpayers filing jointly.

D)

Qualifying expenses include tuition, books, supplies, and room and board.

A

C)

Explanation

Qualifying expenses generally include only tuition. Amounts paid for books and supplies may be included only if required to be paid to the education institution as a condition of enrollment. The credit is available annually for an unlimited number of years. The credit is equal to 20% of qualified tuition expenses up to $10,000. All of the listed options, except for the phaseout limits, accurately describe the American Opportunity tax credit.

LO 1.5.1

315
Q

Question #9 of 85

Question ID: 1248354

Which of these statements is NOT correct regarding cash value life insurance products?

A)

Income earned on funds invested in cash value insurance accumulates on a tax-deferred basis.

B)

Insurance products are a type of tax shelter.

C)

A MEC is not a life insurance contract.

D)

Proceeds payable before death are taxable to the extent they exceed the insured’s cost basis.

A

C) Explanation

A MEC is a life insurance contract—it must meet one of the two Internal Revenue Code tests for life insurance, and the state law definition. The MEC is a life insurance contract that fails to meet the seven-pay test.

LO 2.1.1

316
Q

Question #10 of 85

Question ID: 1248355

Nine years ago, Claire, age 55, purchased a deferred annuity that is estimated to pay her $850 per month for the rest of her life beginning at age 65. Her investment in the contract is a one-time payment of $50,000. The assumed rate of return on the contract is 3.5%. At this time, Claire is not sure whether she will need to withdraw any of her original investment prior to the starting date of the annuity. Which of these is an income tax implication of the deferred annuity for Claire?

A)

A nonperiodic (lump-sum) distribution will be treated on a last-in, first-out (LIFO) basis.

B)

Earnings on the investment are taxable in full each year to Claire as ordinary income.

C)

The distribution amount consisting of interest paid on the investment is taxed as a capital gain.

D)

Withdrawals in a lump sum are first allocated to the tax-free investment in the annuity (FIFO treatment).

A

A)

Explanation

A nonperiodic distribution or withdrawal from a post-August 13, 1982 annuity contract is treated on a LIFO basis. In other words, to the extent that the cash surrender value exceeds the investment in the contract, taxable interest income is treated as being withdrawn first. The earnings on the investment in a commercial annuity are deferred—there is no current taxation on the earnings within the contract as long as an individual is the owner (or treated as an owner) of the contract.

LO 2.1.2

317
Q

Question #11 of 85

Question ID: 1248356

During the current tax year, Jamie has a $13,000 short-term capital loss and a $14,000 long-term capital gain, both from the sale of securities. Jamie also has a $10,000 long-term capital gain from the sale of collectibles. Jamie, a single taxpayer, is in the 32% marginal income tax bracket. Which of these accurately describes the result of these transactions?

A)

$11,000 long-term capital gain, taxed at 20%

B)

$14,000 long-term capital gain and a $3,000 net capital loss carryforward

C)

$11,000 long-term capital gain taxed at 15%

D)

$1,000 long-term capital gain, taxed at 15%, and $10,000 collectibles gain, taxed at 28%

A

C) Explanation

The $13,000 short-term capital loss is first used against the collectibles gain—the gain that would be taxed at the highest rate (28%). This eliminates the collectibles gain. The remaining $3,000 short-term capital loss is then used against the $14,000 long-term capital gain from the sale of securities. This leaves $11,000 of long-term capital gain, taxed at 15%. We know the long-term capital gain is taxed at 15%, as the top of the 32% MITB is $207,350 (2020) for a single taxpayer, and the 20% LTCG rate doesn’t kick in until $441,450 for a single taxpayer.

LO 2.1.3

318
Q

Question #12 of 85

Question ID: 1248365

Michelle has interest and short-term capital gain income of $9,000 during the current tax year. She paid brokers’ commissions of $1,000, investment advisers’ fees of $2,200, and had $7,700 of interest expense on funds borrowed to purchase securities. Michelle has an AGI of $105,000. What amount of investment interest expense may be deducted as an itemized deduction?

A)

$5,800

B)

$6,700

C)

$7,700

D)

$8,200

A

C)

Explanation

The investment interest expense ($7,700) is deductible up to the amount of the net investment income. The net investment income is simply the investment income of $9,000. Investment interest expense may be deducted up to the amount of investment income—$7,700 in this situation. The broker’s commissions do not enter into this calculation, nor do the advisor’s fees. They are not a deductible expense, and they are not part of the investment income.

LO 2.2.1

319
Q

Question #13 of 85

Question ID: 1248366

Policyholder dividends from a whole-life insurance policy are generally tax exempt. In which of these situations would the policyholder dividend be tax exempt?

A)

The dividend is from a MEC and is received in cash.

B) The policyholder receives dividends that are less than the investment in the contract.

C)

The dividend is from a MEC and is used to pay a loan.

D)

The policyholder receives dividends greater than the investment in the contract.

A

B)

Explanation

The dividend from a life insurance policy is typically tax exempt. However, the dividend is taxable to the extent that the dividends received exceed the investment in the contract. The dividend is also taxable if it is from a MEC and received in cash, or is used to pay a loan.

LO 2.2.2

320
Q

Carl and Janet are married taxpayers filing a joint tax return. In 2020, their AGI is $360,000, and their net short-term capital gain and dividend income (included in the AGI) is $90,000. They have investment interest expense of $4,000 and state and local income taxes attributable to the investment income of $6,000. What is the amount of Medicare contribution tax that they must pay?

A)

$4,180

B)

$3,800

C)

$3,040

D)

$3,420

A

C) Explanation

They will pay the 3.8% Medicare contribution tax on $80,000. This is the lesser of the net investment income ($80,000) or the AGI in excess of the threshold amount ($360,000 – $250,000, or $110,000). The net investment income is the investment income of $90,000, reduced by the investment expenses of $10,000. In this situation, the $80,000 of net investment income is subject to the Medicare contribution tax. Carl and Janet will pay a $3,040 Medicare contribution tax (3.8% on $80,000).

LO 2.3.1

321
Q

Question #15 of 85

Question ID: 1248375

Which of these is CORRECT regarding the qualified education interest deduction?

A)

The deduction may only be claimed by the taxpayer legally obligated to make the loan payments.

B)

An individual who is eligible to be claimed as a dependent may take the deduction.

C)

The deduction may only be taken as an itemized deduction.

D)

The maximum deduction of $2,500 may be taken by a married taxpayer filing jointly with $200,000 of MAGI.

A

A)

Explanation

The deduction may only be claimed by the taxpayer legally obligated to make the loan payments. If the loan is in the student’s name, the parents may not claim the deduction, even if they make the payments. The deduction is taken as an adjustment to income. There is a $140,000 to $170,000 AGI phaseout for a married couple filing jointly. An individual who is eligible to be claimed as a dependent may not take the deduction.

LO 2.4.1

322
Q

Question #16 of 85

Question ID: 1248377

Which of these are techniques of income shifting or splitting?

An installment sale of an income-producing asset from a parent to a child

Transfer of income-producing property from the grantor to a grantor trust

Valid employment of a child in the parent’s business

A)

I, II, and III

B)

I and III

C)

I and II

D)

II and III

A

B)

Explanation

Of the listed choices, only option II is not an example of income shifting or splitting. The transfer of property to a grantor trust, by definition, involves the income being taxed back to the grantor. Thus, there would be no income shifting or splitting.

LO 3.1.1

323
Q

Alice is age 16 and is eligible to be claimed as a dependent on her parents’ tax return. She has investment income of $4,000 and earned $1,000 babysitting in 2020. How much of Alice’s income will be taxed at her individual tax rate?

A)

$1,350

B)

$3,650

C)

$1,850

D)

$1,800

A

C)

Explanation

Alice is subject to the kiddie tax rules.

Alice

Unearned income (UI)$4,000

Earned income (EI)1,000

Gross income$5,000

Standard deduction(1,350) (earned income plus $350)

Taxable income$3,650

UI taxed at parent’s marginal rate (net unearned income)(1,800) ($4,000 – $2,200)

Income taxed at child’s rate$1,850

LO 3.2.1

324
Q

Question #18 of 85

Question ID: 1248380

Kris anticipates adjusted gross income of $100,000 for the current tax year. She is considering making a gift of appreciated real estate to her church, a qualified charitable institution. Kris’s adjusted basis in this real estate is $20,000. The real estate has a current fair market value of $50,000. Kris has owned the real estate for 15 years. If Kris does gift the real estate to her church, what is the maximum allowable charitable deduction she can receive in the current tax year?

A)

$20,000

B)

$50,000

C)

$100,000

D)

$30,000

A

D)

Explanation

The current deduction for a contribution of long-term capital gain property to a 50% organization is based on FMV but is limited to 30% of AGI. This results in a $30,000 current year deduction with a $20,000 carryforward.

LO 3.2.2

325
Q

Question #19 of 85

Question ID: 1248385

Which of these below-market-interest loans would result in imputed interest to the lender?

An employee borrows $12,000 from his employer, New Media, Inc., to pay medical bills, and the employee has investment income of $330 in the same year.

John lends his friend, Mel, $8,000 to buy a boat, and Mel has investment income of $2,200 for the year.

Faith borrows $120,000 from her father for an addition to her home. Faith has $4,400 of investment income in the same year.

A) I, II, and III

B) III only

C) I and II

D) I and III

A

D)

Explanation

Statement I describes a compensation-related loan between an employer-lender and an employee-borrower. Because the loan is in excess of $10,000 and is between a corporation and an individual, it is not eligible for treatment as a loan between individuals would be. New Media, Inc. will have interest income and compensation expense in the amount of the imputed interest. In

Statement III, Faith’s father will have imputed interest income because the loan is in excess of $100,000 and Faith’s investment income for the year exceeds $1,000. In Statement II, the loan is not in excess of $10,000, so no interest is imputed.

LO 3.3.1

326
Q

Question #20 of 85

Question ID: 1248386

Which of these is NOT a preference item or adjustment for purposes of the individual alternative minimum tax?

A)

Excess intangible drilling costs

B)

The excess of percentage depletion over the property’s adjusted basis

C)

Investment interest in excess of net investment income

D)

Interest from a qualified private-activity municipal bond issued in 2007

A

C)

Explanation

“Investment interest in excess of investment income” is a made-up phrase. The other choices are all preference items or adjustments. Remember that interest from private-activity municipal bonds issued in 2009 and 2010 is not a preference item.

LO 3.3.2

327
Q

Question #21 of 85

Question ID: 1247718

Which of the following statements regarding married couples who file joint tax returns is NOT correct?

A)

The law provides for innocent spouse relief, which may excuse one spouse for the failure of the other spouse’s tax obligation.

B)

Spouses may file a joint return even if one spouse has no income.

C)

Spouses who file a joint return have joint and several liability for the payment of any tax due.

D)

When spouses file jointly, each spouse is liable for only one-half of the tax due.

A

D)

Explanation

Spouses who file a joint return have joint and several liability for the payment of any tax due. This means each spouse is responsible for the entire tax liability and not just one-half.

LO 4.1.1

328
Q

Question #22 of 85

Question ID: 1248389

Larry and Sherry reside in a common law property state and recently became engaged. Larry is a retired sports executive with a considerable fortune and a son from a previous marriage. Sherry has never been married. Larry has presented Sherry with a five-carat diamond ring, contingent upon her signing of a premarital agreement. The income tax consequences of the premarital agreement depend in large part upon which of the following?

The original owner of the ring

Whether the transfer under the agreement is treated as a gift

Local and state law

Whether the transfer under the agreement is treated as a transfer for consideration

A)

I and II

B)

II and III

C)

III and IV

D)

II and IV

A

D)

Explanation

The purpose of the premarital agreement is to limit the presumed effect of the marriage on property acquired prior to, or during, the marriage. The income tax consequences of the premarital agreement depend in large part upon whether the transfer under the agreement is treated as a gift (where income tax is avoided) or as a transfer for consideration (which will probably result in the recognition of significant income by one party). State law does not impact federal income tax liability. The origin of the ring is irrelevant.

LO 4.1.2

329
Q

Question #23 of 85

Question ID: 1248392

Sarah has two dependent children who attend Sun Valley Day Care while she is at work. She will claim a $1,200 credit for child and dependent care expenses in the current tax year. What amount of deduction would be necessary to provide a tax benefit that is equal to that provided by the child care credit if Sarah is in the 24% marginal income tax bracket?

A)

$5,000

B)

$288

C)

$1,579

D)

$892

A

A) Explanation

It would take $5,000 of deductions to equal the benefit of a $1,200 tax credit. This is determined by simply dividing the $1,200 of credit (savings) by the marginal income tax bracket of 24%.

LO 4.2.1

330
Q

Question #24 of 85

Question ID: 1248393

Diana has asked Alfredo to sign a premarital agreement. Alfredo is a Canadian citizen. Which of the following are characteristics of a valid and enforceable premarital agreement?

Once executed, it is binding in all 50 states and Canada.

It is not binding without proper disclosure.

It should be used with the intention of facilitating a divorce.

There should be a written agreement with the willingly executed signatures of both parties.

A)

II and IV

B)

I and II

C)

III and IV

D)

II and III

A

A)

Explanation

To be valid, a premarital agreement must be in writing and contain a complete disclosure of each party’s financial situation. Enforceability requirements vary from state to state. It cannot be intentionally used to facilitate a divorce.

LO 4.2.2

331
Q

Bernie and Louise are married and will file a joint return for the current tax year. They each have 401(k) plans through their employers, but neither they, nor their employer, will contribute to the plan this year. They have provided you with the following information.

Bernie’s salary$96,000

Louise’s salary$74,000

Child support payments to Lowell’s ex-wife$18,000

Net short-term capital loss$8,000

Home mortgage interest$17,200

IRA contribution—Bernie$6,000

IRA contribution—Louise$6,000

Bernie’s divorce was finalized in 2013. Based on the information given, what is the couple’s adjusted gross income for the current tax year?

A)

$160,000

B)

$167,000

C)

$150,000

D)

$155,000

A

D) Explanation

The salaries of $170,000 reduced by the $3,000 of net capital losses leaves $167,000 of total income. The $12,000 of IRA contributions is also deductible, as neither spouse is an active participant in a company-maintained retirement plan. After subtracting the $12,000 of IRA contributions, they are left with an AGI of $155,000. Even though they both have a 401(k), neither they, nor their employers, made contributions to the plans during the year, so neither spouse is treated as an active participant. The home mortgage interest is an itemized deduction and does not affect the AGI. Child support payments are not deductible.

LO 4.2.3

332
Q

Question #26 of 85

Question ID: 1248400

Carol owns and operates a retail appliance store with annual sales of approximately $12 million. The store has an extensive selection of appliances. Approximately 80% of her sales are with extended credit terms. What method of tax accounting is most appropriate for Carol’s business?

A)

The accrual method, because inventory is such a large component of the business

B)

The hybrid method, because the business involves both inventory and service

C)

The cash method, because it provides flexibility in the timing of income and expenses

D)

The installment sale method, to spread the gain over a longer time frame

A

C)

Explanation

The accrual method of accounting is often mandatory when inventory constitutes a significant income-producing factor. However, Carol’s business qualifies for the small business exception, as average annual gross receipts are under $26 million. The hybrid method is incorrect because there is no indication that service constitutes a significant portion of the business. Also, the installment sale method is not available for sales of inventory or sales with revolving credit terms. The accrual method may always be used, but it lacks any flexibility.

LO 5.1.1

333
Q

Question #27 of 85

Question ID: 1248404

Which of these types of investors derives the greatest tax benefit from investing in preferred stocks?

A)

Government

B)

Corporate

C)

Mutual funds

D)

Nonprofit institutional

A

B)

Explanation

Because 50% of the preferred dividends (and other dividends from stock) received by a corporation are exempt from federal income taxes, a corporation gains a tax advantage. The government and nonprofit organizations pay no income taxes. Mutual funds are also exempt from taxation. (TCJA reduced the dividend-received deduction to 50%.)

LO 5.2.1

334
Q

Question #28 of 85

Question ID: 1248405

Joe and Carter plan to combine their respective sole proprietorships to enable them to bid on a local automobile plant’s contract to provide uniforms, shoes, and safety equipment to 2,300 employees. Joe currently operates a business that sells uniforms and safety equipment. Carter has a shoe store that specializes in work shoes for many occupations.

Joe and his spouse have substantial assets and are in the 35% marginal income tax bracket. Carter is single and has a moderate net worth. His annual taxable income is $136,000, excluding the business income from the shoe store.

Joe and Carter anticipate net operating losses over the first two years of $30,000, to be followed by substantial profits. They plan to share the management responsibilities equally. Both Joe and Carter admit that the business is risky, as neither one of them has had any experience with such large contracts.

Which of these business forms would be most appropriate for Joe and Carter at this time?

A) C corporation

B)

Limited partnership

C)

Partnership

D)

S corporation

A

D)

Explanation

The S corporation is the best choice. This would allow the losses to flow through to the owners and would provide liability protection. The general partnership would not provide liability protection, and to form a limited partnership, there must be a general partner with unlimited liability, so neither of these options would be viable. The C corporation would not allow losses to flow through to the owners.

LO 5.2.2

335
Q

Question #29 of 85

Question ID: 1248406

Rashida and Caroline both have significant net worth and are currently in the highest marginal income tax bracket. They have developed a process that allows them to neutralize toxic chemical waste. They want to form a business that will protect their net worth in case the business fails or it becomes involved in lawsuits, but they also would like to be able to offset income from other sources with the start-up losses. Furthermore, they want to share ownership with other family members if the business is successful. Which business form would be most appropriate for Rashida and Caroline at this time?

A)

C corporation

B)

General partnership

C)

Limited partnership

D)

S corporation

A

D)

Explanation

The S corporation will allow the potential losses to flow through to offset other individual income. Also, the use of the S corporation would allow for protection from lawsuits or business failure. Although the general partnership and the limited partnership would both allow for the flow-through of losses, the general partnership would not provide protection from personal liability. There is no indication that either party wants to be a general partner in a limited partnership, so general partnership is not correct. The use of a C corporation would not be appropriate because it is a separate taxable entity, and start-up losses would not flow through.

LO 5.2.3

336
Q

Sam has the following items of income:

Self-employment earnings$45,000

Interest income$ 4,000

Gain on the sale of a capital asset$12,000

What is the amount of self-employment tax Sam owes? Round your answer to the nearest dollar.

A)

$6,885

B)

$6,923

C)

$8,619

D)

$6,358

A

D) Explanation

Self-employment income$45,000.00

Less 7.65% of $45,000(3,442.50)

$41,557.50

Times tax rate15.3%

Self-employment tax$6,358.30

Neither the interest income nor the capital gain is subject to the self-employment tax.

LO 5.3.1

337
Q

Question #31 of 85

Question ID: 1248423

Francisco operates a sole proprietorship from his apartment. His gross income for the current tax year is $24,000. Business expenses not associated with his home office total $22,000. Expenses associated with the home office total $2,750. How much of the home office expense, if any, may Francisco deduct for the current year?

A) $0

B) $2,750

C) $275

D) $2,000

A

D) Explanation

The home office expense deduction is limited to the earned income from the business. In other words, the home office expense deduction, in general, can neither create nor add to a loss. The only expenses that may create or add to a loss are the allocated amounts of home mortgage interest and property taxes. In this situation, the $24,000 of gross income is reduced by the $22,000 of business expenses not associated with the home office, to leave $2,000 of earned income. Thus, of the $2,750 of home office expenses, only $2,000 would be deductible in the current year. Note that the remaining $750 of home office expenses would be subject to a carryforward.

LO 5.4.1

338
Q

Question #35 of 85

Question ID: 1248429

All of these statements regarding recapture (the taxation of certain gain from the sale of the asset as ordinary income instead of capital gain) are correct except

A)

for real property placed in service under MACRS, there is no recapture as ordinary income because it is depreciated under the straight-line method.

B)

for real property, all depreciation claimed is always subject to recapture at the ordinary tax rate income upon the sale of the property.

C)

for depreciable tangible personal property, all depreciation claimed is generally subject to recapture as ordinary income upon the sale of the property, regardless of the depreciation method used.

D)

under MACRS, the amount of depreciation recaptured as ordinary income for residential property is only the amount of depreciation claimed in excess of the amount allowable under the straight- line method.

A

B)

Explanation

There is no recapture of depreciation on the sale of Section 1231 real estate. The gain created by the straight-line depreciation is referred to as unrecaptured Section 1250 income, which is a type of long-term capital gain that is taxed at a maximum rate of 25%. If the taxpayer’s marginal tax rate is less than 25%, the unrecaptured Section 1250 gain will be taxed at that lower rate.

LO 6.1.3

339
Q

Question #36 of 85

Question ID: 1248430

Three years ago, Zhong purchased specialized manufacturing equipment (seven-year property) at a cost of $56,000. He paid an additional $4,000 to have the equipment installed in his plant. Cost recovery deductions total $40,935. This type of specialized equipment became more and more scarce, and this year, Zhong sold the equipment for $73,000. What is the amount and character of the gain resulting from this sale?

A)

$40,935 Section 1245 gain, $17,000 Section 1231 gain

B)

No Section 1245 gain, $53,935 Section 1231 gain

C)

$57,935 Section 1245 gain, no Section 1231 gain

D)

$40,935 Section 1245 gain, $13,000 Section 1231 gain

A

A)

Explanation

The gain realized and recognized is the difference between the $73,000 amount realized from the sale and the adjusted basis of $19,065. Thus, the total gain is $53,935. The Section 1245 cost recovery recapture is the lesser of the cost recovery deductions taken ($40,935) or the gain realized ($53,935). Thus, the Section 1245 income (cost recovery recapture) is $40,935. The remaining $13,000 of gain is attributable to actual appreciation of the asset; therefore, there is $13,000 of Section 1231 gain. The other way to look at this—the gain created by the depreciation deductions ($40,935) is treated as ordinary income, and the gain attributable to the actual appreciation of the asset ($13,000) is potential long-term capital gain under Section 1231. Remember that the installation is a cost associated with the acquisition of an asset and must be capitalized (added to basis). Thus, the original cost basis was $60,000.

LO 6.1.4

340
Q

This year, Irwin sold several securities that left him with the following types of gains and losses: long-term capital gain—$18,000, short-term capital gain—$11,800, long-term capital loss—$12,200, and short-term capital loss—$12,000. What is the net capital gain or loss on Irwin’s security sales?

A)

Net long-term gain of $5,800 and net short-term loss of $200

B)

Net long-term gain of $5,600 and net short-term gain of $80

C)

Net long-term gain of $5,600

D)

Net long-term loss of $24,200

A

C) Explanation

The long-term gain and loss are netted, leaving a long-term gain of $5,800. Short-term gains and losses are netted, leaving a short-term loss of $200. Because there is a positive and a negative, these are netted to leave a net long-term capital gain of $5,600.

LO 6.2.1

341
Q

Question #39 of 85

Question ID: 1248441

Yasamin has an apartment building that she would like to exchange. Which of the following assets could Yasamin receive in a like-kind exchange?

A shopping center

An interest in a real estate limited partnership

A vacant lot

Land-grading equipment

A)

I, II, III, and IV

B)

I and III

C)

III and IV

D)

II and III

A

B)

Explanation

In a like-kind exchange, real estate must be exchanged for other real estate. Thus, the shopping center and the vacant lot are the only assets that would be qualifying property in a like-kind exchange of realty. The land-grading equipment is personalty and thus cannot be considered like-kind property. The interest in a limited partnership is specifically not allowed as qualifying property. Remember that like-kind exchange treatment is limited to realty for realty, as a result of TCJA.

LO 6.2.2

342
Q

Question #43 of 85

Question ID: 1248460

In an attempt to curb overzealous use of tax-sheltered investments, the government has developed rules including

at-risk requirements.

passive-activity loss limitations.

special certification requirements for real estate investors.

A)

I and II

B)

I, II, and III

C)

I only

D)

II and III

A

A).

Explanation

Statement III is incorrect. No special certification is required for real estate investors.

LO 7.1.1

343
Q

Which of these types of audits is conducted on a random basis?

A)

Discriminant Functions System Program audit

B)

Targeted program audit

C)

Document matching program audit

D)

National Research Program (NRP) audit

A

D)

Explanation

The NRP audit is the only random audit listed here that the IRS conducts. This program essentially replaced the Taxpayer Compliance Measurement Program audit.

LO 8.2.2

344
Q

During the current tax year, Cassandra has a long-term capital loss of $22,000 from the sale of securities. She also has a long-term capital gain from the sale of a coin collection of $10,000 and has unrecaptured Section 1250 income of $18,000. Cassandra is in the 35% marginal income tax bracket. What is the tax result of her capital transactions?

A)

$18,000 unrecaptured Section 1250 income, taxed at 25%, and $12,000 long-term capital loss carryforward

B) $7,000 unrecaptured Section 1250 income taxed at 25%, $10,000 collectibles gain, and $19,000 long-term capital loss carryforward

C) $6,000 collectibles gain taxed at 28%

D) $6,000 unrecaptured Section 1250 income taxed at 25%

A

D)

Explanation

The long-term capital loss from the securities sale is netted first against the gain that would be taxed at the highest rate. After completely offsetting the collectibles gain (potential 28% rate), the remaining $12,000 is then netted against the unrecaptured Section 1250 income, leaving $6,000 unrecaptured Section 1250 income, to be taxed at 25%.

LO 6.2.1

345
Q

Question #62 of 85

Question ID: 1248357

Dolores bought 200 shares in a mutual fund for $15 per share. Shortly after this purchase, the mutual fund went ex-distribution and declared a distribution of $.50 per share. Dolores elected to have dividend distributions from the fund reinvested to purchase additional shares at $15 per share. How much taxable gain will Dolores incur if she later sells all her shares for $16 per share?

A)

$200

B)

$100

C)

$107

D)

$207

A

D)

Explanation

Gain is determined by the difference between the sales price of the shares held and the basis of the shares held. Basis is (200 × $15) + ($0.50 × 200), or $3,100. This represents the original cost of the 200 shares plus the reinvested dividends of $100. The number of shares owned must first be determined. The reinvested dividend of $100 is divided by the purchase price and added to the originally purchased shares. $100 ÷ $15 = 6.67 shares + 200 = 206.67 shares (these shares are then multiplied by the sales price of $16 to arrive at a total sales price of $3,307).

$3,307 – $3,100 = $207 total gain on the sale.

LO 2.1.3

346
Q

In June of the current year, Mindy sold her principal residence for a total price of $185,000—she received $100,000 in cash and the buyer assumed an $85,000 mortgage on the house. Mindy purchased the house six years ago for $120,000 and has made $80,000 in improvements to the house. Real estate commissions of $9,200 resulted from the sale. What amount of gain or loss, if any, must be recognized on the sale of Mindy’s residence?

A)

($15,000)

B)

($24,000)

C)

$0

D)

$35,800

A

C) Explanation

This is computed as follows:

Gain realized:

Amount realized:

Cash$100,000

Mortgage assumed by buyer85,000

Selling expenses(9,200)

Total amount realized$175,800

Less adjusted basis ($120,000 + $80,000)(200,000)

Loss realized(24,200)

If a loss is realized on the sale of a principal residence, it is not deductible (recognized).

LO 6.2.5

347
Q

Question #79 of 85

Question ID: 1248448

Vernon owns a warehouse that has a fair market value of $125,000 and an adjusted basis of $62,000. He wants to acquire Nicole’s duplex, which has a fair market value of $100,000 and an adjusted basis of $47,000. In the contemplated exchange, Nicole will pay Vernon $25,000 in cash. What is Vernon’s substitute basis in the acquired duplex?

A)

$63,000

B)

$47,000

C)

$62,000

D)

$100,000

A

C) Explanation

We must first compute the gain realized and then the gain recognized.

To compute the gain realized (the actual economic gain), use the fair market value of the property received of $125,000 ($100,000 duplex plus $25,000 cash) minus the adjusted basis of the property given up ($62,000 warehouse) to equal a gain realized of $63,000.

Next, we compute the gain recognized (the gain that is subject to taxation). The gain recognized is the lesser of the gain realized ($63,000) or boot received ($25,000). Thus, the gain recognized is $25,000.

To compute the substitute basis in the acquired duplex, start with the fair market value of the qualifying property received (the $100,000 duplex). This is then reduced by the amount of the gain realized but not recognized (the untaxed, or deferred, gain of $38,000).

The FMV of the qualifying property received ($100,000 duplex) reduced by the deferred gain of $38,000 equals the new basis of $62,000.

LO 6.2.2

348
Q

Question #80 of 85

Question ID: 1248492

Case Study Question

How much of the premium that Asher Bank & Trust pays for Michael’s group term life insurance is includable in Michael’s gross income?

A)

$18.00

B)

$108.00

C)

$9.00

D)

$1.50

A

A)

Explanation

The premium for the first $50,000 of group term life insurance is not included in Michael’s income from Asher Bank & Trust, but the Section 79 premium for the life insurance in excess of $50,000 is included. Michael must include 10 × $0.15 (Section 79 monthly cost per $1,000 of life insurance) × 12 months = $18.00.

LO 9.1.2