Quiz Questions Flashcards

1
Q

What is the percent penalty for negligence?

A

20%

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2
Q

What is the best source for obtaining information on a very recent change in tax law?

A

Congressional Committee reports

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3
Q

What carries the “full force and effect of the law?”

A

Treasury regulations

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4
Q

What is the penalty for failure to file a tax return?

A

5% a month up to 25%

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5
Q

Best way to describe sham transaction

A

IRS will ignore the transaction and no gain or loss will be recognized for tax purposes

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6
Q

This % penalty may also apply to misstatement of valuation or substantial understatement of income tax

A

20%

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7
Q

Assignment of income doctrine explained how

A

Income is taxed to the tree that grows the fruit, even though the income is assigned to another prior to receipt

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8
Q

Susan is insolvent and at this point, has not sought bankruptcy protection. Her assets total $65,000, while her debt amounts to $185,000. She has just learned that the lender who is owed the $185,000 has forgiven her debt. How much will Susan be taxed on the debt forgiveness?

A

$65,000
If the amount forgiven in debt is more than what you own outside of bankruptcy, you’re only taxed on the excess amount.

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9
Q

Sales where payments are due within how many months are exempted from imputed interest rule?

A

6 months

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10
Q

Client has $40k in gambling winnings and $22k in expenses directly related to those winnings. Assuming client is not a professional gambler, how much must Joel report as his gambling winnings?

A

$40k - they’re asking for the gross income number. Since he is not a professional gambler he can’t deduct his expenses from the winnings.

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11
Q

Is child support received by the custodial parent included in gross income?

A

No - think about yourself, you don’t include it in your gross income

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12
Q

Two years ago, Sam went to town’s recycling center and brought home several books from the “take it or leave it” section. Recently, Sam discovered that one of the hardcover book’s pages was cut out in the center and $7,000 was in its place. He spent $50 advertising in the local newspaper that he found money in a book but no one could claim the title of the book or amount. What are the tax ramifications to Sam?

A

Sam must report $7,000 in the current year

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13
Q

John lent his son $50,000 for the purchase of a new house, with the understanding that in five years, his son would re-pay the loan at face value. For the current tax year, John’s son had net investment income of $1,400. Assume that the Applicable Federal Rate (AFR) for mid-term loans is 3%. Calculate the imputed interest for the first year.

A

$1400

In the $10,001-$100,000 range the lender must impute the lesser of the borrower’s net investment income or the AFR times the loan amount $50,000 X .03 = $1,500 vs $1,400

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14
Q

Client wants to know the diff between deduction and credit. She just received a $600 credit and wants to know what thats worth as a deduction if she were to itemize deductions. Calculate the equivalent for a deduction if her marginal tax rate is 24%.

A

TC/MTB

600/.24 = $2500

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15
Q

Clients are married filing jointly. 2 kids age 7 & 10. What is their total gross income before any adjustments?

A

Total gross income before any deductions for Jack and Jill:
$50,000 (Jack’s W-2 wages) + $130,000 (Jack’s net income from sole proprietorship) + $1,400 (dividends) + $30,000 (Jack’s gambling winnings) + $70,000 (Jill’s W-2 wages) = $281,400.

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16
Q

Clients are married filing jointly. 2 kids age 7 & 10. What is their total itemized deductions?

A

$20k mortgage interest + 10k taxed paid + 18k gambling losses = $48k
Remember taxes are limited to 10k total
NOT alimony

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17
Q

Marcia Washington, a single taxpayer, has the following itemized deductions:

Marcia’s AGI is $204,350. Under the regular tax method, she is allowed final itemized deductions of $51,920. What amount of deductions, if any, would be allowed for the purposes of AMT?

A

$41,920

State tax and property tax are disallowed under AMT.

$29,920 (Mortgage interest) + $7,000 (charity) + $1,900 (gambling losses) + $3,100 (margin interest) = $41,920

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18
Q

Bill and Diana are MFJ w 2 kids 9 & 12
What are their allowable itemized deductions under the AMT method?

A

$24,200

$22,000 (mortgage interest) + $2,200 (charity) = $24,200

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19
Q

Bill and Diana are MFJ w 2 kids 9 & 12. How much is the AMT taxable income?

A

$233,201

$221,401 (AGI) + $36,000 (ISO) - $24,200 (mort. interest 22k + 2.2k charity) = 233,201

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20
Q

If it’s asking about AMT what are you thinking for itemized deductions?

A

Think mortgage interest, charitable contributions, gambling losses, margin interest - not taxes

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21
Q

Last month, client’s Aunt gave him 65k of MSFT, which she purchased 19 yrs ago for 17k. Aunt paid gift tax of 10k on the transaction, even after utilizing 15k annual gift tax exemption. What is Robert’s basis and what is his holding period?

A

$26,600 long term
You’re trying to figure out how much of the tax the aunt paid can be added to the basis.
Aunt’s basis + gift tax adjustment which is appreciation/taxable amount of the gift.
$65k - 17k = 48k appreciation
Taxable amount of gift is FMV - annual exclusion if applicable. So
65k - 15k = 50k
48k/50k = 96%
10k * .96 = $9,600 + 17k = $26,600

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22
Q

For the donee to receive the benefit of gift taxes paid by the donor, what must take place?

A

There must be appreciation, FMV is greater than basis

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23
Q

Client inherited 1,000 shares of stock from uncle. Uncle purchased 7 years ago for $59. FMV on date of uncle’s death $45. FMV 6 months later $43.
If the executor of uncle’s estate did not select the alternate valuation date, what is client’s basis?

A

$45,000 - price on date of uncle’s death - price is lower than when originally purchased

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24
Q

Client inherited 1,000 shares of stock from uncle. Uncle purchased 7 years ago for $59. FMV on date of uncle’s death $45. FMV 6 months later $43.
If the executor of uncle’s estate DID select the alternate valuation date, what is client’s basis?

A

$43,000 - $43 per share 6 months after death

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25
Q

Client received 1,0000 shares of stock from uncle which uncle purchased 7 yrs ago for $59. Client received as gift 2 years ago when price was $70. Uncle utilized annl exclusion of 15k but still had to pay $25k in gift tax. What is client’s basis per share?

A

Appreciation/Taxable amount of gift * taxes paid / shares = gift tax adjustment per share. Then add to donor’s purchase basis.

(70-59)/(70-15) = .20
.20 * 25,000 / 1000 = 5 + 59 = $64 per share

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26
Q

Client received 1,0000 shares of stock from uncle which uncle purchased 7 yrs ago for $59. Client received as gift 2 years ago when FMV was $55. Uncle utilized gift tax exclusion of $15,000 but still had to pay gift tax of $21,000. Assuming client sold this year for $60, what was his basis?

A

His basis is $59. Client takes over uncle’s purchase price bc FMV was lower than purchase price. Gift tax doesn’t apply bc there was no appreciation.

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27
Q

Client received stock from Uncle as gift 8 months ago. Uncle purchased several years ago for $59. FMV at time of gift was $55 and client sold it soon after for $57. What are tax ramifications?

A

If client sells for more than FMV at time of transfer BUT less than original basis, there is no gain or loss recognized. RECOGNIZED for tax purposes

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28
Q

What income determines eligibility of tax credits and deductions?

A

Modified Adjusted Gross income determines eligibility of tax credits and deductions.

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29
Q

Modified adjusted gross income tax taxpayers AGI and adds back what?

A

tax exempt items such as municipal bond interest and NON TAXABLE SOCIAL SECURITY BENEFIT

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30
Q

What determines a taxpayers rate on the last dollar they earn? AKA one’s marginal tax bracket?

A

Taxable Income is used to determine the marginal tax bracket of a taxpayer. Meaning that either the standard or itemized deductions are factored in. Results in major $$ savings vs using AGI or MAGI

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31
Q

What is above the line?

A

Schedules - C, E, F, etc
Gross Wages - W2s
Adjustments - HSAs, Self employ. health ins., self employ tax
______________________________________

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32
Q

What is below the line?

A

Itemized deduction - SALT, Mort Int, Charitable Cont.
QBI - Net income sched C, REITS
Credits - refundable, nonrefundable

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33
Q

Tom has gross rev of 65k from his 1st calendar yr of his financial planning practice. He incurred the following expenses:
Advertising: 1,100
Office Rent: 21,000
Legal fees: 1,200
Software licenses: 8,000
Health ins Premiums: 6,000
Error and Omission Ins: 1,200
What net profit would he report on line 31 of Sched C?

A

Everything but the Health Ins.
Health insurance is not a Sched. C item, it’s an adjustment to AGI

65,000 - 32,500 = 32,500 Sched. C income

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34
Q

Where would you look on a W-2 for the info for adjusted gross income?

A

Line 1

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35
Q

As a self employed individual you have to pay the full 15.3%, however you can

A

claim 1/2 the self employment tax as an adjustment to gross income

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36
Q

Client is freelance graphic designer and generated $90,000 gross revenues. Incurred $40,000 in schedule C expenses. What is her self employment income?

A

$50,000

90,000 - 40,000 = 50,000 schedule C income

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37
Q

Client has W2 earnings of $150,000. He also has landscaping LLC which generates $80,000 in net profit. What is his self employment tax?

A

150k + 80k is over the threshold of $168,600
80,000 * .9235 * .029 = $2,143

168,600 - 150,000 * .124 = $2306

$2143 + $2306 = $4,449

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38
Q

Client has gross W2 earnings of $150,000 but maxes out his 401k contributions. He also has LLC with $80k net profits. Wife is freelance graphic designer and generated $90,000 gross revenues. Incurred $40,000 in schedule C expenses. Client earned $1500 in stock dividends of which $1400 are qualified dividends. 50k gambling winnings but lost $30k. What is their gross income before adjustments to gross income?

A

150,000 gross - 22,500 (401k) = $127,500
90,000 - 40,000 = 50,000 net sched C
80,000 LLC
Total Dividends $1500
$50,000 gambling winnings

$309,000

NOTE the question is asking gross income before adjustments to income. Notice that 401k comes out of the gross. Think about how 401k comes out before you receive your paycheck to remember its at the top.
Also remember that Sched C expenses reduce the gross and happen up here.

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39
Q

Say someone has $1500 in dividends, of which $1400 are qualified. What is the total dividends you include on gross income?

A

$1500

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40
Q

Client has gross income of $309,000, assuming QBI of $21,324, what is their AGI?

A

309,000 gross
Adjustments = 8,300 max HSA contrib
THEN subtract 1/2 SE tax from both
Husband was $,449 / 2 = $2,225
Wife was under threshold so
50,000 * .9235 * .153 = 7065 / 2 = 3,533

309,000 - 8300 - 2,225 - 3,533 = $294,942

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41
Q

Above the line deductions are used for

A

calculating AGI

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42
Q

Below the line deductions are deducted

A

from AGI

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43
Q
A
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44
Q

Above the line adjustments: CASH

A

“C” for “Contributions” (IRA, HSA, FSA)
“A” for “Adjusted” (Adjustments to income, alimony pre 2019)
“S” for “Student” (Student loan interest)
“H” for “Home and Health” (1/2 self employment tax, SE health insurance)

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45
Q

Below the line deductions SCMM

A

“S” for “Salt” (State and local taxes)
“C” for “Charitable” (Charitable contributions)
“M” for “Mortgage” (Mortgage interest)
“M” for “Medical” (Medical expenses)

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46
Q

Above is ADJUSTMENTS
Below is DEDUCTIONS

A

OK??

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47
Q

Which is the best source for obtaining information about the intent of a very recent change in the tax law?

A. Congressional Committee Reports B.Treasury Regulations
C.Tax Court Reports
D.U.S. Master Tax Guide

A

Congressional Committee Reports: These reports, produced during the legislative process, provide valuable insight into the lawmakers’ intentions behind specific provisions in a tax bill. They delve into the “legislative history” and often explain the reasoning behind changes.

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48
Q

Which one of the following best describes the Sham Transaction Doctrine?

A.IRS will ignore the transaction and no gain or loss will be recognized for tax purposes.
B.Income is taxed to the tree that grows the fruit, even though the income is assigned to another prior to receipt.
C. A solvent taxpayer may have to realize income upon the forgiveness of a debt by a creditor.
D.Nontaxable receipts may be converted into taxable income.

A

(A) IRS will ignore the transaction and no gain or loss will be recognized for tax purposes.

Here’s why:
Sham Transaction Doctrine: This doctrine allows the IRS to disregard transactions that have no valid business purpose and are solely designed to avoid taxes. Essentially, the transaction is treated as if it never happened.

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49
Q

Which one of the following is not an exemption from the imputed interest rules?

A.	 Debt subject to the original issue discount (OID) provisions.

B.	 Sales of patents to the extent the payment is contingent on the use or disposition of the patent.

C.	 Sales of property for $3,000 or less.

D.	 Any sales where all the payments are due within 12 months.
A

D is incorrect.

It’s sales where the payments are due within 6 months

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50
Q

Is found money considered taxable?

A

Found Money is Taxable Income: Even though Sam found the money unexpectedly, it is considered taxable income in the year it is found.
No Legal Claim by Others: Since no one came forward to claim the money, Sam has clear ownership and is responsible for the tax liability.

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51
Q

Joel had $40,000 of gambling winnings this year and had $22,000 of expenses directly related to those winnings. Assuming that Joel is not a professional gambler, how much will Joel report as gross income from his gambling activities?

A.	 $0 - this activity is specifically excluded from income because it is viewed in the tax code as a negative entertainment expense.

B.	 Joel only needs to report the income if he receives a 1099. In that case, he will be allowed to net his expenses to reduce the income.

C.	 $18,000 which is $40,000 less his $22,000 of expenses.

D.	 $40,000.
A

D. 40,000 because he is not a professional gambler he can’t write off the expenses

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52
Q

If you are insolvent and debt is forgiven, but you have say $50,000 in assets, how much would you be taxed on debt forgiveness?

A

Only up to the amount of your assets so $50,000 in this case

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53
Q

Child Standard Deduction for unearned income and earned income

A

Earned income plus $450 up to a maximum of $14,600 OR $1300 for unearned income whichever is greater

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54
Q

Jill and Jay have a 12-year-old son who has earned $5,000 in taxable bond interest this year. They would like to know how much of their son’s interest income will be taxed at their marginal tax rate?

A

Under the “kiddie tax” rules, the first $1,300 of a child’s unearned income is not taxed, the next $1,300 is taxed at the child’s tax rate, and any unearned income above $2,600 is taxed at the parents’ marginal tax rate. Therefore, of the $5,000 total, $2,400 ($5,000 - $2,600) will be taxed at the parents’ rate.

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55
Q

Your client, Jane, wants you to explain the difference between a tax credit and a tax deduction. She just received a $600 tax credit and wants to know what that worth as a deduction if she were to itemize her deductions. Calculate the equivalent deduction for Jane’s credit if Jane’s marginal tax bracket is 24%.

A

They’re asking for the EQUIVALENT so it would be

600/.24 = 2500

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56
Q

Jack and Jill will file as Married Filing Jointly. They have two children, ages 7 and 10.
Jack’s W2 wages = $50,000
Jill’s W2 wages = $62,000
Jack’s sole proprietorship (net) = $160,000
Total Taxable Dividends = $1,400
Taxable Dividends that are Qualifying = $1,300
Jack’s alimony payments to ex-wife Divorced in 2018 = $6,000
Qualified Business Income Deduction = $30,369
Mortgage Interest = $20,000
State Income Tax = $12,000
Gambling winnings = $30,000
Gambling losses = $(18,000)

What is their gross income?

A

$50,000 + $62,000 + $160,000 + $1400 + $30,000 = $306,400

You include Jack’s W2 wages = $50,000
Jill’s W2 Wages $62,000
Jack’s Sole Proprietorship net = $160,000
Taxable dividends = $1,400
Gambling Winnings = $30,000

$303,400

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57
Q

Jack and Jill will file as Married Filing Jointly. They have two children, ages 7 and 10.
Jack’s W2 wages = $50,000
Jill’s W2 wages = $62,000
Jack’s sole proprietorship (net) = $160,000
Total Taxable Dividends = $1,400
Taxable Dividends that are Qualifying = $1,300
Jack’s alimony payments to ex-wife Divorced in 2018 = $6,000
Qualified Business Income Deduction = $30,369
Mortgage Interest = $20,000
State Income Tax = $12,000
Gambling winnings = $30,000
Gambling losses = $(18,000)

What is their AGI?

A

Gross is $303,400

Above the line need to figure out the self employment for Jack

He is over threshold so would use 2 step method

160,000 * .9235 * .029 = 4,285.04

($168,600 - $50,000) x .124 = $14,706 is the $4,285.04 + $14,706 = $18,991
$18,991 * .5 = $9,496

306,400 - $9,496 - 6000 = $287,904

ABOVE THE LINE JUST DEDUCTING 1/2 SE AND ALIMONY PRE-2019

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58
Q

Jack and Jill will file as Married Filing Jointly. They have two children, ages 7 and 10.
Jack’s W2 wages = $50,000
Jill’s W2 wages = $62,000
Jack’s sole proprietorship (net) = $160,000
Total Taxable Dividends = $1,400
Taxable Dividends that are Qualifying = $1,300
Jack’s alimony payments to ex-wife Divorced in 2018 = $6,000
Qualified Business Income Deduction = $30,369
Mortgage Interest = $20,000
State Income Tax = $12,000
Gambling winnings = $30,000
Gambling losses = $(18,000)

What are their total itemized deductions?

A

$20,000 + $10,000 + $18,000 = $48,000

Mortgage interest + SALT + Gambling Losses

Their AGI was $290,904 - $48,000 = 242,904

After itemized they’re at 242,904

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59
Q

Jack and Jill will file as Married Filing Jointly. They have two children, ages 7 and 10.
Jack’s W2 wages = $50,000
Jill’s W2 wages = $62,000
Jack’s sole proprietorship (net) = $160,000
Total Taxable Dividends = $1,400
Taxable Dividends that are Qualifying = $1,300
Jack’s alimony payments to ex-wife Divorced in 2018 = $6,000
Qualified Business Income Deduction = $30,369
Mortgage Interest = $20,000
State Income Tax = $12,000
Gambling winnings = $30,000
Gambling losses = $(18,000)

What is their taxable income?

A

Their AGI was $290,904 - $48,000 = 242,904

After itemized they’re at 242,904

Subtract the QBI of 30,369

$242,904 - 30,369 = $212,535

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60
Q

Bill and Diana are married and will file as Married Filing Jointly.

Bill’s W-2 wages $180,000
Diana’s W-2 wages $90,000

Total Taxable Dividends $2,400
Bill’s ISO exercise (Bargain element) $36,000
Mortgage Interest $22,000
Property Tax $8,100
State Income Tax $1,900
Charitable contributions $2,200
Bill and Diana’s AGI $272,400
Regular Income Tax Liability $44,839

Calculate their AMT exemption.

A

$133,300

This is the standard AMT exemption amount for married couples filing jointly in a given tax year. The phase-out of the AMT does not begin until AMT exceeds $1,218,700.

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61
Q

Last month, Robert’s Aunt Sue gave him $68,000 of Microsoft stock that she purchased 19 years ago at a cost of $19,000. Aunt Sue paid gift taxes of $10,000 on the transaction, even after utilizing the $18,000 gift tax annual exclusion. How much is Robert’s basis in the stock and what is his holding period?

A.	 $16,000 Long-Term

B.	 $22,800 Long-Term

C.	 $28,800 Long-Term

D.	 $64,000 Short-Term
A

C. 28,800 long term

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62
Q

Which of the following statements is incorrect?

A.	 If the donor's basis is less than the FMV at the time of the transfer, the donee will take over the donor's holding period.

B.	 If the donor's basis is less than the FMV at the time of transfer, and no gift taxes were paid, the donee simply takes over the donor's basis and holding period.

C.	 If the donor's basis is less than the FMV at the time of the gift, and the donor paid gift taxes, the donee will be allowed to include a portion of the gift taxes paid by the donor.

D.	 If the donor's basis is more than the FMV at the time of transfer, and gift taxes were paid, the donee will be allowed to include a portion of the gift taxes paid by the donor.
A

D is incorrect

In order for the donee to get the benefit of gift taxes paid by the donor, there must have been appreciation in the gift, that is FMV must be greater than the donor’s basis.

Compare the basis with the FMV using greater than or less than to make it more clear

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63
Q

Max had purchased 1,000 shares of stock seven years ago for $61 per share. He gifted the stock to his nephew Rex two years ago when the FMV of the stock was $55 per share. Max was able to utilize an annual exclusion but he still had to pay $21,000 in gift taxes. If Rex sells the stock for $63 per share this year, how much is Rex’s basis in the stock?

A.	 $61

B.	 $55

C.	 $63

D.	 Basis cannot be determined
A

$61

Rex takes over the Uncle’s purchase price as basis because the FMV of the gift ($55) was less than the donor’s adjusted basis ($61) and Rex sold the stock for a gain ($63). Note that gift taxes, even though they were paid, do not apply since the FMV at the time of the gift was less than the donor’s basis.

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64
Q

Marcia Washington, a single taxpayer, has the following itemized deductions:

Home mortgage interest (first mortgage) $29,920
Charitable contributions $7,000
Property taxes $9,715
Deductible gambling losses $1,900
Deductible State Income taxes $285
Deductible Margin Interest $3,100
Marcia’s AGI for the current year is $204,350. Under the regular tax method, Marcia is allowed final itemized deductions of $51,920.

What amount of itemized deductions, if any, would be allowed for purposes of the AMT?

A

Property Tax and State income tax are disallowed under AMT

$29,920 mortgage interest + $7,000 charity + $1,900 gambling losses + $3,100 margin interest = $41,920.

65
Q

Which of the following statements is incorrect?
A.
Exclusions permanently increase the alternative minimum taxable income (AMTI)?
B.
Deferrals are AMT items that form the basis of an AMT credit.
C.
Deferrals cause a temporary increase in AMT liability and the increased liability will reverse over time.
D.
An exercise without the sale of an ISO (Incentive Stock Option) in the same tax year is an example of an AMT exclusion.

A

D is a deferral

An exercise without the sale of an ISO (Incentive Stock Option) in the same tax year is an example of an AMT deferral not exclusion.

66
Q

Deferrals are AMT items that form the basis of an AMT credit true or false

A

True

67
Q

Deferrals cause a temporary increase in AMT liability and the increased liability will reverse over time true or false

A

True

68
Q

What is the standard AMT exemption amount for married couples filing jointly

A

$133,300

69
Q

Bill and Diana are married and will file as Married Filing Jointly.

Bill’s W-2 wages $180,000
Diana’s W-2 wages $90,000

Total Taxable Dividends $2,400
Bill’s ISO exercise (Bargain element) $36,000
Mortgage Interest $22,000
Property Tax $8,100
State Income Tax $1,900
Charitable contributions $2,200
Bill and Diana’s AGI $272,400
Regular Income Tax Liability $44,839

What is their AMT liability

A

$272,400 + $36,000 - $22,000 - $2,200 = $284,200

$284,200 - $133,300 = $150,900 AMT Base.

$150,900 X .26 = $39,234

AMTI less AMT exemption equals AMT base. AMT base times 26% equals AMT liability

70
Q

Bill and Diana are married and will file as Married Filing Jointly.

Bill’s W-2 wages $180,000
Diana’s W-2 wages $90,000

Total Taxable Dividends $2,400
Bill’s ISO exercise (Bargain element) $36,000
Mortgage Interest $22,000
Property Tax $8,100
State Income Tax $1,900
Charitable contributions $2,200
Bill and Diana’s AGI $272,400
Regular Income Tax Liability $44,839

How much is Bill’s and Diana’s AMT payable?

A

AMT payable is the AMT liability less the regular liability. However, regular tax exceeds AMT so AMT payable is zero.

44,839 > amt payable

71
Q

On January 20th 2024, Barbara was paid $400,000 from her insurance company for an office building that was destroyed by a tornado on June 28, 2023. Barbara’s basis in the destroyed property was $230,000. How much must she reinvest at a minimum to avoid gain recognition and how long does she have to replace the property?

A

$400,000 December 31, 2026

In order to avoid recognition of gain, you must reinvest the entire proceeds from the insurance. The mandatory latest date to replace the property is two full years after the end of the year in which you realize the gain (get insurance money).

72
Q

On January 31, 2024, Dave sold an oriental carpet that he had inherited from his Grandfather. The FMV at the time of the inheritance was $15,000. The terms of the sale were a price of $60,000, with a 20% down payment and the balance to be paid monthly over the next four years. The loan bears an interest rate of 8%. The first payment is scheduled to begin at the end of February, and will continue to be due on the last day of all subsequent months. How much must Dave report as ordinary income, and how much must he report as capital gain income for 2024?

A

Ordinary Income $3,201
Capital Gain $16,267

Taxation of installment sales can be broken down into 5 steps:

Calculate the gross profit percentage (GPP)
Calculate the down payment
Calculate the loan payments, then using the amortization function, calculate the principal and interest (P&I) received the first year
The interest (from P&I) is taxed as ordinary income
The sum of the down payment and the principal (from P&I) times the GPP is the reported capital gain
Putting in this question’s specifics:

Calculate the GPP ($45,000/$60,000) = 75% = .75

Calculate the down payment ($60,000 X .20) = $12,000

Calculate the loan payments and amortize 11 payments to determine principal and interest:

48 n 48000 CHS PV 8 g I PMT
Calculator returns $1,171.82 (monthly payment)

11 f AMORT
Calculator returns $3,201.34 (Interest received for 11 months)

X > < Y
Calculator returns $9,688.68 (principal received for 11 months)

The interest received of $3,201 is taxed as ordinary income.

The sum of the down payment and the principal received times the GPP ($12,000+$9,689) x .75 = $16,267 is the capital gain income

73
Q

John, a single taxpayer, was a very successful commodities dealer who works and lives in Chicago. Last year, he purchased a penthouse that overlooked Lake Michigan for 1.8 million dollars. John recently had a nervous breakdown and nearly entered a catatonic state. After months of intensive therapy, it was determined that John’s job was causing him so much stress it led to his current mental state. His doctor recommended that he work in an environment with dramatically less stress. John subsequently quit the commodities business and accepted a job at McDonalds as a food preparer. He is much happier now but has found it difficult to keep up with his mortgage payments and condominium fees for the penthouse. John sold the property and cleared 2.2 million dollars, net of transaction costs, and moved into a small studio apartment on the South End. He lived in the penthouse for 18 months and he has asked you to determine how much of the $400,000 gain is taxable. You told him

A

$212,500 will be taxable and $187,500 excluded.

Changing jobs and not being able to pay your expenses is a valid reason to earn a prorated exclusion for the sale of a personal residence. (18/24) X $250,000 = $187,500 exclusion.

74
Q

Don owned and lived in his house 10 years before he met and married Stephanie. She had lived in an apartment but after the marriage she moved into Don’s house and continued to consult as a rocket scientist, working from a home office. Six months later, she was offered a job by NASA and they had to immediately move to Florida. The property deed was never changed and Don sold the house realizing a gain of $550,000. They will be filing jointly. How much of the gain will be excluded under section 121 of the IRC?

A

They are married filing jointly so they can prorate her $250,000 ($62,500) and add it to his $250,000 for a total exclusion of $312,500.

75
Q

You had purchased equipment for your business that was being depreciated over a 7-year life. The original cost of the equipment was $42,000 and $18,000 had been taken as cost recovery. You changed your manufacturing process and no longer required the equipment. Today, you managed to sell the equipment for $30,000. How much must be recaptured under Section 1245 as ordinary income?

A

$6,000

The difference between the selling price and the adjusted basis must be recaptured.

76
Q

Which of the following are true statements describing Section 1244 stock?

A.
Code allows special treatment for losses; and has nothing to do with special treatment for gains
B.
Pertains to only the first $1 million of stock sold
C.
¤ 1244 stock may be issues by either a C or an S Corporation
D.
Single taxpayer may deduct up to $50,000 as an ordinary loss
E.
Taxpayers filing as married filing jointly may deduct up to $100,000 as an ordinary loss
F.
Once the stock is sold, donated, or gifted, it loses its Section 1244 status

A

A.
Code allows special treatment for losses; and has nothing to do with special treatment for gains
B.
Pertains to only the first $1 million of stock sold
C.
¤ 1244 stock may be issues by either a C or an S Corporation
D.
Single taxpayer may deduct up to $50,000 as an ordinary loss
E.
Taxpayers filing as married filing jointly may deduct up to $100,000 as an ordinary loss
F.
Once the stock is sold, donated, or gifted, it loses its Section 1244 status

77
Q

John Appleton wants to exchange his farm for a Bed and Breakfast owned by Martha Shelby. John’s farm has a FMV of $680,000, an adjusted basis of $200,000, and is subject to a $120,000 mortgage. Martha’s B&B has a FMV of $800,000, with an adjusted basis of $400,000, and is debt-free. In the exchange, Martha will assume John’s mortgage. To help equalize the exchange, John is including farm equipment worth $150,000, and will also pay Martha $90,000 in cash. What is his amount realized?

A

Amount realized = FMV of qualifying property received plus (or minus) net boot =$800,000+($120,000 - $150,000 - $90,000) = $680,000.

78
Q

John Appleton wants to exchange his farm for a Bed and Breakfast owned by Martha Shelby. John’s farm has a FMV of $680,000, an adjusted basis of $200,000, and is subject to a $120,000 mortgage. Martha’s B&B has a FMV of $800,000, with an adjusted basis of $400,000, and is debt-free. In the exchange, Martha will assume John’s mortgage. To help equalize the exchange, John is including farm equipment worth $150,000, and will also pay Martha $90,000 in cash.

What is John’s realized gain ?

A

$480,000

Gain realized = amount realized minus the basis of the property transferred = $680,000 - $200,000 = $480,000.

79
Q

John Appleton wants to exchange his farm for a Bed and Breakfast owned by Martha Shelby. John’s farm has a FMV of $680,000, an adjusted basis of $200,000, and is subject to a $120,000 mortgage. Martha’s B&B has a FMV of $800,000, with an adjusted basis of $400,000, and is debt-free. In the exchange, Martha will assume John’s mortgage. To help equalize the exchange, John is including farm equipment worth $150,000, and will also pay Martha $90,000 in cash.

How much is John’s recognized gain?

A

Recognized gain is the lesser of realized gain or net boot received = lesser of ($480,000, $0) = $0

80
Q

John Appleton wants to exchange his farm for a Bed and Breakfast owned by Martha Shelby. John’s farm has a FMV of $680,000, an adjusted basis of $200,000, and is subject to a $120,000 mortgage. Martha’s B&B has a FMV of $800,000, with an adjusted basis of $400,000, and is debt-free. In the exchange, Martha will assume John’s mortgage. To help equalize the exchange, John is including farm equipment worth $150,000, and will also pay Martha $90,000 in cash.
What is Johns deferred gain

A

$480,000

Deferred gain is the realized gain minus recognized gain

$480,000 – $0 = $480,000.

81
Q

John Appleton wants to exchange his farm for a Bed and Breakfast owned by Martha Shelby. John’s farm has a FMV of $680,000, an adjusted basis of $200,000, and is subject to a $120,000 mortgage. Martha’s B&B has a FMV of $800,000, with an adjusted basis of $400,000, and is debt-free. In the exchange, Martha will assume John’s mortgage. To help equalize the exchange, John is including farm equipment worth $150,000, and will also pay Martha $90,000 in cash

How much is John’s substituted basis in the replacement property?

A

Substituted basis = FMV of qualifying property received minus the deferred gain. $800,000 - $480,000 = $320,000.

82
Q

Under Section 267, related parties can complete like-kind exchanges with one another, provided they each hold their newly acquired properties for:

A

Two full years

83
Q

I would naturally place the three parties in a trust in which order:

A

Grantor - Trustee - Beneficiary

The grantor creates, the Trustee holds title, the beneficiary benefits.

84
Q

What is not considered to be part of trust accounting income?

A.
Dividends

B.	 Interest Income

C.	 Rental Income

D.	 Capital Gain Transactions
A

Capital Gain Transactions

85
Q

A complex trust is allowed an exemption of?

A

$100

C note - c for c note

86
Q

A calendar year trust has a filing date of _______and a fiscal year trust must be filed by the 15th of the _______ month following year end.

A

April 15th, Fourth month

87
Q

A simple trust is allowed an exemption of?

A

$300

88
Q

For Federal tax purposes, a single member LLC

A.
Will file Form 1065 and via a K-1, have income and expenses items passed through to its member

B.	 Will be considered a disregarded entity and treated as a sole proprietorship.

C.	 Will still have special allocations available as an option.

D.	 Will not be subject to self-employment tax.
A

Will be considered a disregarded entity and treated as a sole proprietorship

89
Q

A Personal Service Corporation (PSC) gets charged a flat rate of?

A

21%

90
Q

Pathway Inc., is a C Corporation which is 75% owned by 3 shareholders. 65% of its adjusted gross income is from royalties, dividends, and interest. Pathways received $40,000 in dividends for which a $28,000 dividend-received deduction is claimed and pays out $20,000 of dividends to its shareholders. Pathways had $182,000 of taxable income and $54,230 of regular tax liability. How much will they pay as a penalty for undistributed personal holding company income?

A

Taxable income less income tax liability less dividends paid add back dividend-received deduction = PHC income subject to a 20% penalty. $182,000-$54,230-$20,000+$28,000 = $135,770. Times 20% = $27,154.

91
Q

Delta Neutral Hedging is a non-personal service C corporation. It had $140,000 of accumulated earnings coming into this year and detailed below is the current year activity.

Taxable Income: $426,000
Income Taxes Payable: $76,000
Dividends paid to s/h: $25,000

How much is Delta Neutral Hedging’s penalty for accumulated earnings?

A

$43,000

The accumulated earnings for the current year ($426,000-$76,000-$25,000) = $325,000 added to beginning accumulated earnings ($325,000 + $140,000) = $465,000 less the threshold for a non-personal service company ($465,000 - $250,000) = $215,000. The penalty rate is 20% so $215,000 X .20 = $43,000.

92
Q

Your friend has asked you to help them understand a recent investment they made. They just received their first K-1 from a limited partnership in which they had made a $50,000 investment. The K-1 showed a pass-through loss of $52,000. Your friend has no other passive activity from any other source. How much of their loss will be suspended due to the at-risk rules and how much will be suspended due to the passive activity rules?

A

At risk suspension: $2,000
Passive Activity Suspension: $50,000

With only having an initial basis of $50,000, only $50,000 will be allowed as a loss under the at-risk rules with $2,000 being suspended. With no other source of passive income, the $50,000 (that is allowed under the at-risk rules) will then be suspended due to the passive activity rules.

93
Q

Jack is a well-diversified investor with several interests in business entities, all of which are considered to be passive interests. Detailed below is his current year K-1 information:
Income/(Loss)
ABC S-Corporation $15,000
DEF Limited Partnership ($11,000)
GHI LLC ($8,000)

Additionally, Jack has investments in Publicly Traded Partnerships (PTPs). Detailed below is current K-1 information:
ncome/(Loss)
RST PTP $14,000
XYZ PTP ($7,000)

How much of the passive losses will Jack be able to use this year?

A

$15,000

The loss in XYZ PTP, because it is a publicly traded partnership, cannot be used in the current year and must be automatically suspended. Of the private interest losses ($11,000 + $8,000) only $15,000 can be used which will neutralize the income from ABC S-Corporation. The remaining $4,000 of loss must be suspended.

94
Q

Robert has biz that is sold on July 1 of current yr for 1mil. Terms require down payment of 30% with a 7 year note at 6%. Adjusted basis in the business is $125k and was purchased 12 years ago.

What is the monthly installment payment?

A

N = 84 (7, 12x)
I = .5 (6, 12divide)
PV = 700,000 CHS
PMT = $10,225.99

$10,225.00

95
Q

Robert has biz that is sold on July 1 of current yr for 1mil. Terms require down payment of 30% with a 7 year note at 6%. Adjusted basis in the business is $125k and was purchased 12 years ago.

What is the cashflow in year 1?

A

$300,000 (down payment)
N = 84 (7, 12x)
I = .5 (6, 12divide)
PV = 700,000 CHS
PMT = $10,225.99

Then 6 months of payments which were $10,225 * 6

$300,000 + $61,355.93 = 361,355.93 first year cashflow

96
Q

Robert has biz that is sold on July 1 of current yr for 1mil. Terms require down payment of 30% with a 7 year note at 6%. Adjusted basis in the business is $125k and was purchased 12 years ago.

How is the down payment taxed?

A

$300,000 downpayment received minus $37,500 return of basis

($125,000 basis/$1,000,000 sales price) * 300,000 = $37,500

300,0000 - 37,500 = 262,500 long term gain

97
Q

Robert has biz that is sold on July 1 of current yr for 1mil. Terms require down payment of 30% with a 7 year note at 6%. Adjusted basis in the business is $125k and was purchased 12 years ago.

What is the value of the installment receivable as of 12/31 of the current year?

A

When you amortize the six installment payments you determine the interest on the payments received is
6 f amort $20,492.18
X><Y = $40,863.75 principal received
LAST
to find the ending installment balance press F RCL PV = $659,136.25
You can also do 700,000 - 40,863.75 = 659,136.25

98
Q

Robert has biz that is sold on July 1 of current yr for 1mil. Terms require down payment of 30% with a 7 year note at 6%. Adjusted basis in the business is $125k and was purchased 12 years ago.

How are the 6 installment payments received in the first year taxed?

A

First determine the interest received
N = 84 (7, 12x)
I = .5 (6, 12divide)
PV = 700,000 CHS
PMT = $10,225.99
THEN
6 f Amort = $20,492.18 interest
X><Y = $40,863.75 principal received
NEXT
determine the long term cap gain on $40,863.75 of principal
Return of basis = (125,000/1,000,000) * 40,863.75 = 5,107.97
40,863.75 - 5,107.97 = $35,755.78 long term gain
$20,492.18 interest taxed as ord. income
$35,755.78 long term cap gain
$5,107.97 return of basis

99
Q

Which of the following is not a special tax that is paid by the S-Corporations (thus not passed through to shareholders) that were once C-Corporations?

A.
Built in gains tax

B.	 Corporate conversion tax

C.	 Excess net passive income tax (sting tax)

D.	 LIFO recapture
A

B.
Corporate conversion tax

All the others, if they apply, are paid by the S-Corporation.

100
Q

Which one of the following is not an exception to tax-free formation of a business entity?

A.	 Appreciated Securities

B.	 Debt relief

C.	 Service partner

D.	 Substantial economic effect
A

D.
Substantial economic effect

101
Q

Jack is a well-diversified investor with several interests in business entities, all of which are considered to be passive interests. Detailed below is his current year k-1 information:

Income/(Loss)

ABC S-Corporation $15,000
DEF Limited Partnership ($11,000)
GHI LLC ($8,000)

Additionally, Jack has investments in Publicly Traded Partnerships (PTPs). Detailed below is current K-1 information:

Income/(Loss)

RST PTP $14,000
XYZ PTP ($7,000)

What is the net passive income that must be reported in the current year?

A

.
$14,000

Because it is a publicly traded partnership, the income from RST PTP must be automatically reported and cannot be offset with any other type of loss. The sole exception to this statement is if RST PTP happened to have a suspended loss from a prior year.

102
Q

Jack is a well-diversified investor with several interests in business entities, all of which are considered to be passive interests. Detailed below is his current year k-1 information:

Income/(Loss)

ABC S-Corporation $15,000
DEF Limited Partnership ($11,000)
GHI LLC ($8,000)

Additionally, Jack has investments in Publicly Traded Partnerships (PTPs). Detailed below is current K-1 information:

Income/(Loss)

RST PTP $14,000
XYZ PTP ($7,000)

How much of the passive losses will be suspended?

A

$11,000

Of the total $26,000 of losses, $15,000 was used and therefore $11,000 will be suspended. The $11,000 is made up of $4,000 from private interests and $7,000 from XYZ PTP.

103
Q

Jack is a well-diversified investor with several interests in business entities, all of which are considered to be passive interests. Detailed below is his current year k-1 information:

Income/(Loss)

ABC S-Corporation $15,000
DEF Limited Partnership ($11,000)
GHI LLC ($8,000)

Additionally, Jack has investments in Publicly Traded Partnerships (PTPs). Detailed below is current K-1 information:

Income/(Loss)
RST PTP $14,000
XYZ PTP ($7,000)

If XYZ PTP were not a PTP but rather private interest, how much passive loss can be used? (All other items remain as presented.)

A

B.
$15,000

Does not change the fact that there was only $15,000 of passive income from private interests.

104
Q

Jack is a well-diversified investor with several interests in business entities, all of which are considered to be passive interests. Detailed below is his current year k-1 information:

Income/(Loss)

ABC S-Corporation $15,000
DEF Limited Partnership ($11,000)
GHI LLC ($8,000)

Additionally, Jack has investments in Publicly Traded Partnerships (PTPs). Detailed below is current K-1 information:

Income/(Loss)
RST PTP $14,000
XYZ PTP ($7,000)

If RST PTP were not a PTP but rather private interest, how much would the net passive income be instead? (All other items remain as presented.)

A

C.
$10,000

There would be a total of $29,000 or private interest, passive income. That, combined with $19,000 of private interest, passive loss would net to $10,000 or passive income.

105
Q

Your client, Janice, just contributed $100,000 (FMV) to HHH, Healing and Helping Hands, a private non-operating foundation. She had inherited the stock on June 27, 1997 and the FMV of the stock at that time was $149. What do you tell her is the value of the charitable contribution and the AGI tax limitation for the deduction, assuming she can take an income tax deduction this year?

A

Valuation Of contribution: $100,000 AGI Limit Of deduction : 30% basis, 20% FMV

When donating to a private foundation, the charitable deduction is limited to 30% of AGI if using basis, and 20% of AGI when using FMV

106
Q

Joe Banks has an AGI of $270,000. In the current tax year, he has made the following gifts all of which went to 50% organizations:

$10,000 in cash to American Cancer Society
$75,000 (FMV) Civil War oil painting - Joe had inherited it from his Grandfather several years ago and at the time of his Grandfather’s death the painting had a FMV of $70,000. Joe decided to donate it to an Art Museum with the hope it could be better appreciated. They have assured him they will display it in the lobby.
$48,000 (FMV) of ADP stock. Joe was gifted the stock from his Aunt several years ago. At the time of the transfer, the stock had a FMV of $15,000, although the Aunt had purchased it for $1,000 10 years or so before the gift to her Nephew.

In addition to those contributions, Joe gave the following to Helping Hand, a private non-operating foundation (30% Organization).

$16,000 (FMV) of Google stock. Joe just purchased this stock 4 months ago for $12,000.
If Joe does not opt for the basis election on either the oil painting or the ADP stock, what is the valuation amount for those two items and what is the AGI limit that they are subject to?

A

Valuation: $123,000
AGI Limit: $81,000 30%

For long-term capital gain property and use related tangible property, the code allows a choice of the basis election or the FMV. If the FMV is used, the AGI limit is 30% of AGI.

107
Q

Joe Banks has an AGI of $270,000. In the current tax year, he has made the following gifts all of which went to 50% organizations:

$10,000 in cash to American Cancer Society
$75,000 (FMV) Civil War oil painting - Joe had inherited it from his Grandfather several years ago and at the time of his Grandfather’s death the painting had a FMV of $70,000. Joe decided to donate it to an Art Museum with the hope it could be better appreciated. They have assured him they will display it in the lobby.
$48,000 (FMV) of ADP stock. Joe was gifted the stock from his Aunt several years ago. At the time of the transfer, the stock had a FMV of $15,000, although the Aunt had purchased it for $1,000 10 years or so before the gift to her Nephew.
In addition to those contributions, Joe gave the following to Helping Hand, a private non-operating foundation (30% Organization).

$16,000 (FMV) of Google stock. Joe just purchased this stock 4 months ago for $12,000.
What is the AGI limit opposed on the $10,000 cash contribution made to the American Cancer Society?

A

$162,000 (60%- since it is a cash contribution)

Cash donated to a 50% organization is allowed an overall limit of 60% of AGI.

108
Q

Joe Banks has an AGI of $270,000. In the current tax year, he has made the following gifts all of which went to 50% organizations:

$10,000 in cash to American Cancer Society
$75,000 (FMV) Civil War oil painting - Joe had inherited it from his Grandfather several years ago and at the time of his Grandfather’s death the painting had a FMV of $70,000. Joe decided to donate it to an Art Museum with the hope it could be better appreciated. They have assured him they will display it in the lobby.
$48,000 (FMV) of ADP stock. Joe was gifted the stock from his Aunt several years ago. At the time of the transfer, the stock had a FMV of $15,000, although the Aunt had purchased it for $1,000 10 years or so before the gift to her Nephew.
In addition to those contributions, Joe gave the following to Helping Hand, a private non-operating foundation (30% Organization).

$16,000 (FMV) of Google stock. Joe just purchased this stock 4 months ago for $12,000.
What is the valuation amount and AGI limit for the Google stock that was given to the 30% organization?

A

Valuation $12,000
AGI Limit: $81,000 30%

Since this is ordinary income property, the valuation is the lesser of FMV or basis. Also, ordinary income property that goes to a 30% organization is allowed a limit of 30% of AGI.

109
Q

Joe Banks has an AGI of $270,000. In the current tax year, he has made the following gifts all of which went to 50% organizations:

$10,000 in cash to American Cancer Society
$75,000 (FMV) Civil War oil painting - Joe had inherited it from his Grandfather several years ago and at the time of his Grandfather’s death the painting had a FMV of $70,000. Joe decided to donate it to an Art Museum with the hope it could be better appreciated. They have assured him they will display it in the lobby.
$48,000 (FMV) of ADP stock. Joe was gifted the stock from his Aunt several years ago. At the time of the transfer, the stock had a FMV of $15,000, although the Aunt had purchased it for $1,000 10 years or so before the gift to her Nephew.
In addition to those contributions, Joe gave the following to Helping Hand, a private non-operating foundation (30% Organization).

$16,000 (FMV) of Google stock. Joe just purchased this stock 4 months ago for $12,000.
If Joe does not make any basis elections, how much is the total deduction in the current year and how much will be carried over to next year?

A

Deduction: $91,000
Carryover: $54,000

Besides the cash, the 3 gifted items are restricted to 30% of AGI, but the FMV of the painting $75,000 and the ADP stock $48,000 can be deducted. The Google stock was purchased less than one year ago, so only $12,000 of basis is used. The 3 gifted items total $135,000 but the deduction is limited to 30% of AGI or $81,000 for all 3 items. Cash is $10,000 and can be taken up to 60% of AGI, so the full $10,000 can be deducted. So, $81,000 for 3 items plus $10,000 for cash equal a deduction of $91,000. Cash is not carried forward since a full deduction was taken. The remaining amount of the 3 items that could not be deducted is $135,000 – $81,000 =$54,000.

110
Q

Joe Banks has an AGI of $270,000. In the current tax year, he has made the following gifts all of which went to 50% organizations:

$10,000 in cash to American Cancer Society
$75,000 (FMV) Civil War oil painting - Joe had inherited it from his Grandfather several years ago and at the time of his Grandfather’s death the painting had a FMV of $70,000. Joe decided to donate it to an Art Museum with the hope it could be better appreciated. They have assured him they will display it in the lobby.
$48,000 (FMV) of ADP stock. Joe was gifted the stock from his Aunt several years ago. At the time of the transfer, the stock had a FMV of $15,000, although the Aunt had purchased it for $1,000 10 years or so before the gift to her Nephew.
In addition to those contributions, Joe gave the following to Helping Hand, a private non-operating foundation (30% Organization).

$16,000 (FMV) of Google stock. Joe just purchased this stock 4 months ago for $12,000.
If Joe elects to use the basis election ($70,000) for the valuation of the oil painting, how much is the total deduction in the current year and how much will be carried over to next year?

A

Deduction: $135,000
Carryover: $5,000

By using the basis election on the painting, $5,000 of valuation is lost ($70,000 versus $75,000). However, now the $70,000 painting contribution is no longer limited to 30% of AGI. The only 30% AGI limits are the $12,000 basis in Google stock and the $48,000 FMV of ADP stock. Now the only pertinent limit is Joe’s overall 50% limit of his contribution base (50% of AGI of $270,000 or $135,000). This was first reduced by Joe’s cash contribution, then by the 50% gift (painting) then by the 30% gifts (stocks). The total valuation of $140,000 gifts will be limited to a $135,000 deduction this year with a $5,000 carryover.

111
Q

Under contract law, which one of the following is not a requirement that a premarital agreement must meet to be held enforceable by a court of law?

A.
It must be in writing and signed by both affected parties.

B.	 It must be shown to have been executed willingly by both parties without duress or coercion.

C.	 According to the court, it must be equitable in the opinion of a reasonable person.

D.	 It must provide full and complete disclosure of each party's net worth.
A

According to the court, it must be equitable in the opinion of a reasonable person.

All of the other statements are true.

112
Q

Hal Linden and Jill are getting divorced. He offered Jill her choice of one of the following alimony payment plans.

$4,000 per month (starting 1 month from today) for 36 months, or
$2,500 per month (starting 1 month from today) for 60 months.
If Jill has an opportunity cost of 4.2%, what is her best choice?

A.
Choice 1 because it has a higher present value.

B.	 Either choice because the present values of each one are less than $10 different.

C.	 Choice 2 since the total amount received ($150,000) is greater than choice one ($144,000).

D.	 Choice 2 because its present value is significantly greater than Choice 1.
A

.
Either choice because the present values of each one are less than $10 different.

The present value of Choice 1 is $135,076 and Choice 2 is $135,085. With these amounts so close Jill should be indifferent based on the pure monetary aspect, but other intangible factors such as risk should be taken into account.

113
Q

Which of the following statements about the Head of Household (HOH) filing status is not correct? In order to claim HOH…

A.	 a taxpayer must be unmarried as of the last day of the year.

B.	 a taxpayer must not be a surviving spouse.

C.	 a taxpayer must live with the dependent for more than 1/2 the tax year.

D.	 a taxpayer must be a citizen or a resident.
A

C.
a taxpayer must live with the dependent for more than 1/2 the tax year.

It is not necessary that the dependent live with the taxpayer (i.e. Parent)

114
Q

In the event of a divorce, which parent gets the benefit of reporting the child as a dependent?

A.	 Depending on what the divorce decree says, no tax forms are necessary.

B.	 If the divorce decree does not specify, the parent with the higher marginal tax bracket and/or higher tax liability is entitled to claim the child as a dependent.

C.	 Whichever spouse pays child support is entitled to claim the child as a dependent.

D.	 If the divorce decree does not specify, the parent with the longer period of custody during the tax year is entitled to claim the child as a dependent.
A

D.
If the divorce decree does not specify, the parent with the longer period of custody during the tax year is entitled to claim the child as a dependent.

115
Q

Jason Yond and his wife, Paula, divorced in 2018. Under the terms of the divorce decree, Jason is required to pay Paula $3,000 per month for five consecutive years. The divorce was finalized on December 15th of last year, with the first alimony payment to be made on January 15th this year, and on the 15th of each month thereafter. There is no provision in the divorce decree that payments terminate upon the death of the payee spouse, Paula. How much of each payment, if any, is deductible?

A.	 $0, because the excess front-loading rules are violated.

B.	 $0, because the payments do not terminate at death.

C.	 $1,500, because of the limitation applied by the front-loading rules.

D.	 $3,000, because the payments are qualifying alimony.
A

B.
$0, because the payments do not terminate at death.

Since there is no provision in the divorce decree that payments terminate upon the death of the payee spouse, the payments are not qualifying alimony.

116
Q

Which of the following is not a classification of payments pursuant to a divorce?

A.	 Liability rebalancing

B.	 Child Support

C.	 Property settlement

D.	 Alimony
A

.
Liability rebalancing

The others are the three classifications.

117
Q

The following statements about SCINs (Self-canceling Installment Notes) versus regular installment sales are true except:

A.	 The use of a SCIN is usually implemented with family members versus non-relatives.

B.	 When a SCIN is used, a premium price or higher interest rate must be used.

C.	 A SCIN means that the property is immediately out of the seller’s estate and the present value of future payments will not affect the value of the estate when the seller meets their demise.

D.	 With a SCIN versus an installment sale, there is an advantage of reduced capital gain recognition should the seller die before the scheduled payments are completed
A

With a SCIN versus an installment sale, there is an advantage of reduced capital gain recognition should the seller die before the scheduled payments are completed.

With a SCIN, even though no value is put back into the estate, the unrealized capital gains will be recognized on the seller’s final income tax return.

118
Q

Which one of the following is not a tax-advantaged strategy using an intra-family transfer?

A.	 A gift of property generating investment income to a 15-year-old child of the taxpayer who has other properties generating $15,000 of investment income already.

B.	 Valid employment of a 12-year-old child of the taxpayer in the family business who has other property generating $3,000 of investment income in the current year.

C.	 Valid employment of a 17-year-old child of the taxpayer in the family business who has other earned income of $8,000 in the current year.

D.	 An installment sale of property from the taxpayer to the taxpayer's child
A

A gift of property generating investment income to a 15-year-old child of the taxpayer who has other properties generating $15,000 of investment income already.

Kiddie tax already triggered.

119
Q

Which of the following statements are correct? Select all that apply.

For both a gift-leaseback and a sale-leaseback, the lease payments must be realistic.

The seller in a sale-leaseback transaction may have to recognize ordinary income due to the recapture provisions of business property.

The buyer in a sale-leaseback of fully depreciated property may depreciate the newly acquired property.

The acquirer’s basis in a gift-leaseback will be the donor’s adjusted basis.

A

All correct

120
Q

A private annuity has the same estate and income tax characteristics as a(an):

A.	 Installment sale

B.	 MEC - Modified Endowment Contract

C.	 SCIN- Self-canceling Installment Note

D.	 Sale lease-back
A

.
SCIN- Self-canceling Installment Note

Like a private annuity, a SCIN involves payments that are contingent on the seller’s (or another individual’s) lifespan, with the obligation ending upon the seller’s death.

121
Q

Betsy Whitmore is a 44-year-old physician and Betsy’s husband, Jonathan, is a self-employed actuary. They are in the 35% tax bracket for the current tax year. Betsy and Jonathan own the office building and all of the equipment where Betsy works. They have three children in high school that will be attending college very soon. Betsy and Jonathan are interested in paying for the children’s education using a tax-advantaged method. Which one of the following is the most appropriate form of intra-family transfer for the Whitmores?

A.	 an installment sale of the office building and equipment to the children

B.	 an outright gift of the office building and equipment to the children

C.	 a gift-leaseback arrangement of the office building and equipment to a trust established for the children

D.	 payment of a management fee to the children for managing the office building
A

gift-leaseback arrangement of the office building and equipment to a trust established for the children

This choice makes the most sense and offers a very quick transfer of wealth to the children.

122
Q

You had purchased equipment for your business that was being depreciated over a 7-year life. The original cost of the equipment was $80,000 and $38,000 had been taken as cost recovery. Today, you sold the equipment for $50.000. How much must be recaptured under Section 1245 as ordinary income?

A

$8000

80,000 - 38,000 = 42,000
50,000 - 42,000 = 8000

123
Q

How is DNI calculated?

A

DNI is calculated by taking the total income of the trust, then subtracting certain allowable deductions that are directly related to the production of that income.

124
Q

The amount beneficiaries receive from a trust is determined by DNI true or false

A

The amount a beneficiary is entitled to receive is typically determined by the terms of the trust agreement, not by the DNI. While DNI does include items of income and expense, it does not determine the amount beneficiaries are entitled to receive from the trust each year. The DNI is used to determine the maximum amount that could be taxed to the beneficiaries, not the distribution amount.

125
Q

Jim bought a warehouse for his business. The cost was $576,000 and he also spent $60,000 renovating the truck docking area. During the first year, he also paid $40,000 for a new roof, paid $32,000 in property taxes, and took $17,000 of depreciation expense. What is Jim’s adjusted cost basis after the first year?

A

Adjusted basis= Cost + Renovation costs + new roof - Depreciation costs

= $576,000 + $60,000 + $40000 - $17000

=$659,000

The taxes have nothing to do with it! Taxes don’t go into basis they would relate to income.

126
Q

If the amount of an interest free loan to a friend is $150,000, and the expected payback date is in two years, what is the amount of imputed interest the lender will have to impute on their tax return?

A

Whatever the Applicable Federal Rate (AFR) is for short-term loans times the loan principal.

127
Q

In tax court or before the IRS, only primary sources of authority carry any weight. Match these primary sources of authority to the correct branch of the Government.The executive branch is abbreviated as (EB), the legislative branch as (LB), and the judicial branch as (JB).

Treasury
Congress
Tax Court

A

Treasury is executive branch via IRS

Congress is Legislative Branch

Tax court is Judicial Branch

128
Q

A taxpayer, who is in the 10% tax bracket, received a tax credit of $2,000 for their child who is 12 years old. How much is an equivalent deduction?

A

2000/.1 = 20000

129
Q

How much is the penalty for fraud?

A

15% of the net tax due for each month up to five months, with maximum penalty of 75%

130
Q

What is the tax rate that C Corps pay?

A

21%

131
Q

Sheila, a single taxpayer, has an AGI of $245,000 and has the following itemized deductions:
Mortgage interest $27,350
Property tax $12,500
Income taxes $11,500
Charitable donations (all 50% orgs) $16,400

Using the regular tax method, calculate Sheila’s deductible itemized deductions

A

27,350 + 10,000 + 16,400 = 53,750

132
Q

Your client, who is in the 35% tax bracket, has a mortgage interest deduction of $16,000. For this tax payer, what is an equivalent tax credit?

A

16,0000 * .35 = 5,600

133
Q

Brooke (single, age 35) is a national account director. She earns $125,000 in W-2 salary and another $10,000 in dividends and interest from her brokerage account.She also contributes $20,000 to her Traditional 401(k), another $3,600 to her health savings account, and pays $1,000 per month in alimony to her ex-husband (divorced 2018). She elects the standard deduction.

What is her AGI?

A

125,000 W2

10,000 Dividends

$20,000 to 401k

3,600 to HSA

1000 Alimony divorced 2018

She elects standard deduction what is her AGI?

Subtracting these adjustments from her gross income ($135,000 - $23,600), we get an AGI of $111,400.

It’s important to note that the alimony payments Brooke makes to her ex-husband are not considered an adjustment to income for divorces finalized after 2018, so they do not affect her AGI.

134
Q

Threshold for Personal Service accumulated earnings for personal service and non personal service

A

Personal Service Corps can save up to 150k

Non PSCs can save up to 250k

Think, I’m a person I can’t hold as much its just me

135
Q

Two years ago, Susan Smith and Jane Jones formed an S-corporation, in which they each owned a 50% interest. Susan contributed $50,000 in cash, while Jane contributed $30,000 in cash, as well as $20,000 of appreciated securities. At the time of the transfer to the business, Jane’s basis in those securities was $12,000. After the first year, the S-corporation generated $40,000 of profit. Each shareholder received a $16,000 cash distribution at that time. The business then suffered a loss of $6,000 in the second year of operation. Because of the firm’s poor cash position,each shareholder received a nominal cash distribution of $1,000 at the end of the second year. How much was Jane’s basis in the S-Corporation after the second year?

A

Jane’s initial basis in the S-Corporation was $50,000 ($30,000 cash + $20,000 securities). In the first year, the S-Corporation made a profit of $40,000, which increased Jane’s basis by her share of the profit (50% of $40,000 = $20,000). So, at the end of the first year, her basis was $70,000. She then received a distribution of $16,000, which reduced her basis to $54,000 ($70,000 - $16,000). In the second year, the S-Corporation had a loss of $6,000. Jane’s share of the loss (50% of $6,000 = $3,000) further reduced her basis to $51,000 ($54,000 - $3,000). Finally, she received a distribution of $1,000 at the end of the second year, which brought her basis down to $50,000 ($51,000 - $1,000).

136
Q

Ken Dawson has the following passive activity items:

Prior-year passive loss carryforward amounts:($3,000) from ABC PTP
($9,000) from XYZ PTP

Current-year passive income and loss amounts:
$5,000 ABC PTP
$2,000 DEF PTP
$4,000 XYZ PTP

Note: PTP denotes Publicly Traded Partnership, all other activity is private interest.What is the net income reported this year for the PTP activity?

A

5000 - 3000 = 2000 ABC
DEF = 2000
XYZ = 4000 - 9000 = -5000

Answer should be $4000

137
Q

John is a sole proprietor with $90,000 in net earnings. Additionally, John received a $40,000 dividend from an S-corp in which he has a 10% interest. He is considered tobe a material participant in the S-Corporation business. How much is his self-employment tax in 2023?

A

90000 * .9235 * .153 = 12,716

The $40,000 dividend from the S-corp is not subject to self-employment tax as it is considered an investment income, not earned income.

138
Q

What amount is the IRS written acknowledgement requirement for cash contributions to charity?

A

$250

or any contribution of $250 or more (including contributions of cash or property), you must obtain and keep in your records a contemporaneous written acknowledgment from the qualified organization indicating the amount of the cash and a description of any property other than cash contributed.

139
Q

What is the IRS’s default position on which divorcing spouse is entitled to the dependency exemption for their children?

A

Spouse with the longer period of custody during the year

140
Q

Stan Rockford has the following passive activity items:

Current-year passive income and loss amounts:
$10,000 CHI
($7,000) JKL
($8,000) RST

What is the net income reported this year for the private interest activity?

A

Income is Zero with a $5000 carryforward

141
Q

What is the IRS form that a trust files?

A

1041 Trust

Trust41

142
Q

Kassidy has owned stock for three years and is looking to donate it to her favorite animal shelter (a public charity). The stock’s FMV is $42,000 and she has a $40,000 basis in the stock. Kassidy’s adjusted gross income (AGI) is $90,000, she itemizes deductions and she wants to maximize current year deductions.What is her income tax charitable deduction and any carry-forward this year?

A

Long Term cap gain. It’s a 50% org because its a public charity. If she uses FMV she gets 30% if she uses basis she gets 50%.

90,000 * .5 = 45,000

$40,000 deduction and 0 carryforward

143
Q

which of the following entities is never subject to federal tax at the entity level?

A

Partnership

Partnerships are “flow-through” entities. Flow-through taxation means that the entity does not pay taxes on its income. Instead, the owners of the entity pay tax on their “distributive share” of the entity’s taxable income, even if no funds are distributed by the partnership to the owners.

144
Q

On June 20th 2023, Brent was paid $600,000 from the municipality where he owned a building used in his business. The property was being seized due to a railroad line which would need to cut directly across his property. His adjusted basis in the property is $374,000. How much must he reinvest at a minimum to avoid gain recognition and how long does he have to replace the property?

A

Reinvest $600,000

Last date - 2 years after the year when the transaction happened so Dec 31st 2026

145
Q

In a family-limited partnership, a parent, as general partner, cannot transfer limited partnership shares to children without relinquishing some control of the business. True or False?

A

False - they can transfer shares to the child without relinquishing control - think about it you’re not going to have your kid making decisions about the business

146
Q

Stacey Kessler has the following current-year passive income and loss amounts:
$10,000 ABC
($18,000) XYZ

What is the net income reported this year for the private interest activity if XYZ was disposed of and her at-risk basis is $14,000?

A

Step 1/5
Identify the passive income and loss amounts for the current year: - Passive income from ABC:
18,000)

Step 2/5
Determine the impact of the disposal of XYZ on the passive loss. Since XYZ was disposed of, the passive loss can be fully recognized in the current year.

Step 3/5
Calculate the net passive income or loss by combining the passive income and the fully recognized passive loss:

Step 4/5
Consider Stacey’s at-risk basis for XYZ, which is $14,000. Since the at-risk basis is greater than the passive loss from XYZ, the entire loss can be recognized.

147
Q

Your client donated their Chevron stock to their church. The stock, which was purchased 10 years ago, had a FMV of $10,000 and a cost basis of $4,000. What is the maximum value of the deduction and what is the AGI threshold that it is subject to?

A

$10,000

30%

148
Q

What is the carryforward for unused charitable contributions?

A

5 years

149
Q

Paul passed away recently and left his nephew a large cap stock fund. The fair market value (FMV) on the date of Paul’s death was $515,000. The FMV 3 months after Paul’s death was $512,000, and the FMV 6 months after Paul’s death was$509,000. If the administrator of the estate selects the alternate valuation date, what will the nephew’s basis be, and will it be considered a short-term or long-term holding period?

A

509k long term

150
Q

Are all trusts complex in the year terminated?

A

If a trust distributes corpus during a year, as in the year it terminates, the trust becomes a complex trust for that year.

151
Q

Is a complex trust required to do annual distributions?

A

In order for a trust to be complex, it must do one of the following each year: Refrain from distributing all of its income to trust beneficiaries. Distribute some or all of the principal assets in the trust to beneficiaries. Make distributions to charitable organizations.

152
Q

Dave purchased a piece of equipment needed for his bottling and packaging business for $25,000. The sales tax was $1,250 (5%) and shipping costs were $450.Dave had trouble with the installation, and in order to install it correctly, he ended up paying a plumber $700 and an electrician $400. What is Dave’s original cost basis that will be subject to depreciation?

A

The original cost basis of an asset includes the purchase price and all costs necessary to get the asset ready for its intended use.

153
Q

AMT tax credits are created when:

A

you pay amt tax because of a derral

154
Q

Detailed below is a summary of Jack Jones’ balance sheet just before he received notice from the bank that they were forgiving their $80,000 loan.

Assets - $17,000 (money market)
Liabilities - $80,000 (bank loan)
Net worth - ($63,000) (Insolvent)

How much will Jack be taxed for the debt forgiveness?

A

$17000

which essentially solidifies his assets

You’re taxed on the amount of assets you current have

155
Q

Joe Baxter is a college professor who has a consulting business on the side that he runs as a C corporation. He lives entirely off his teaching salary and has never withdrawn any salary or dividend from the consulting business, preferring to save the money within the corporation (from which it will be withdrawn upon retirement). The corporation currently has retained earnings and profits of $760,000. With which one of the following should Joe be most concerned?

A

Joe should be concerned about the status of his corporation as a Personal Holding Company (PHC). A PHC is a corporation that is owned by a small number of shareholders and derives a large portion of its income from certain types of passive income, such as dividends, interest, rents, royalties, and annuities. The IRS imposes a special tax on PHCs that do not distribute a certain amount of their income to shareholders. Since Joe has not withdrawn any salary or dividends from his consulting business, his corporation may be subject to this PHC tax. This could significantly impact his retirement plans, as the tax could reduce the amount of money available for withdrawal upon retirement.

156
Q

Stella bought some Amex stock in 2015 for $5,000. Including commission, the stock cost a total of $5,100. She recently gave the stock to her friend Jane who is suffering financially and can really use the financial help. At the time of the transfer, the stockwas worth $3,000. Jane subsequently sells the stock six months later for $7,000.What is Jane’s basis in the stock?

A

$5100

When property is given as a gift, the recipient (in this case, Jane) generally assumes the donor’s (Stella’s) cost basis. This is known as a “carryover” or “transferred” basis. The cost basis of the stock for Stella was $5,100, which includes the purchase price of $5,000 and the commission of $100. Therefore, when Stella gave the stock to Jane, Jane’s basis in the stock also became $5,100, regardless of the stock’s fair market value at the time of the gift. This basis will be used to calculate capital gains or losses when Jane sells the stock.

157
Q

83b election

A

enables recipients of restricted securities (including stock options) to potentially lower their tax burden by paying taxes on the total fair market value (FMV) of the award at the time of issuance (early exercising)

158
Q

What type of employee benefit plan would use an 83b election?

A

Restricted stock

159
Q

Dawn owned and lived in her house 3 years before she met and married Steve. He had lived in an apartment but after the marriage he moved into Dawn’s house. Three months later, Steve was offered a job out of state and they had to immediately move.The property deed was never changed and Dawn sold the house realizing a gain of $370,000. They will be filing jointly. How much of the gain will be excluded under Section 121 of the IRC?

A

3/24 * 250000 = 31250

250,000 + 31,250 = 281,250