mike ross consumption Flashcards

1
Q

a company has 8 unsecured creditors to which it owes $7,000 to each. how many creditors does it take to file for an involuntary bankruptcy?

A

3

although only 1 unsecured creditor is required, the total debt owed must exceed $18,600. so it takes 3 unsecured creditors to petition for involuntary bankruptcy

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2
Q

what type of property is included in a debtor’s bankruptcy estate 180 days after filing for BK?

A

life insurance proceeds
inheritance
divorce settlements

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3
Q

why are gifts with future interests taxable?

A

it’s technically not a gift since benefits cannot be enjoyed immediately

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4
Q

with respect to penalties related with aiding and abetting understatements of tax liability on a tax return:

A

the burden of proof shifts to the IRS from a taxpayer

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5
Q

a general BK discharge is denied if the debtor failed to

A
  • preserve books
  • identify asset whereabouts
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6
Q

list non-dischargeable debts (WATTSUPP)

A

writing a false financial to obtain a loan
alimony and child support
torts - willful and malicious
taxes
student loans
unlisted debts
prior bankruptcy
penalties and fines

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7
Q

substitute contract vs novation

A

diff contract, same parties
same contract, diff parties

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8
Q

ch 7 vs ch 11 bankruptcy

A

liquidate assets vs reorganization using plan

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9
Q

rank the following from highest authority to lowest:
private letter ruling
revenue ruling
treasury regulations
internal revenue service publications

A

treasury regulations
revenue ruling
private letter ruling
internal revenue service publications

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10
Q

why do general partners take on recourse debt, while limited partners do not?

A

limited partners are limited to the amount invested in the partnership. general partners are liable to debts, even when it exceeds their amount invested

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11
Q

what’s a written advice?

A

listed tax transaction in writing

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12
Q

what is the qualifying child test?

A

related and under 19 (or 24 if full time student)
live with taxpayer for at least 6 months
child may not contribute more than half of their support

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13
Q

what is the qualifying relative test?

A

must live with taxpayer for the entire year
gross income is under $4,400

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14
Q

what are the AGI limitations for donating:
property
cash

A

30%
60%

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15
Q

eligible exemption on taxable income for:
simple trust
complex trust

A

$300
$100

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16
Q

what are the 3 components to unrelated business income?

A

activity that constitutes trade or business
regularly carried on
not substantially related to organization’s purpose