Reg 1 Flashcards

1
Q

The requirments that enable a taxpayer to be classified as a “qualifying widow(er)” are:

A

-The taxpayer’s spouse died in one of the 2 previous years and the taxpayer did not remarry in the current tax year
-The taxpayer has a child who can be claimed as a dependent
-This child lived in the taxpayer’s home for all of the current tax year
-The taxpayer paid over half of the cost of keeping up a home for the child
The taxpayer could have filed a joint return in the year the spouse died

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2
Q

A qualifying widow(er) is a taxpayer who may use the joint tax return standard deduction and rates (but not the exemption for the deceased spouse) for each of two taxable years following the year of the death of his or her spouse, unless he or she remarries.

A

The surviving spouse must maintain a household that, for the whole entire taxable year, was the principal place of abode of a son, stepson, daughter, or stepdaughter (whether by blood or adoption). The surviving spouse must also be entitled to a dependency exemption for such individual.

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3
Q

In which of the following situations may taxpayers file as married filing jointly?

A

RULE: In order to file a joint return, the parties must be MARRIED at the end of the year. Exception: If the parties are married but are LEGALLY SEPARATED under the laws of the state in which they reside, they cannot file a joint return (they will file either under the single or head of household filing status).

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4
Q

A couple filed a joint return in prior tax years. During the current tax year, one spouse died. The couple has no dependent children. What is the filing status available to the surviving spouse for the first subsequent tax year?

A

For the first subsequent tax year (and all other subsequent tax years) after the death of a spouse with no dependent children, filing status is single.

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5
Q

A taxpayer’s spouse dies in August of the current year. Which of the following is the taxpayer’s filing status for the current year?

A

Married filing jointly:
The joint return rates apply for two years following the death of a spouse, if the surviving spouse does not remarry and maintains a household for a dependent child. There is nothing in this question that says whether or not the surviving spouse maintains a household for a dependent child. However, since the question is asking about the current year, the surviving spouse is considered to be married (and thus able to file as married filing jointly) for the entire current year even if the spouse dies earlier in the year (in this case in August).

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6
Q

Joe and Barb are married, but Barb refuses to sign a Year 12 joint return. On Joe’s separate Year 12 return, an exemption may be claimed for Barb if:

A

Barb had no gross income and was not claimed as another person’s dependent in Year 12

RULE: If a married individual files a separate return, a personal exemption may be claimed for his or her spouse if the spouse has no gross income and is not claimed as a dependent of another taxpayer.

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7
Q

In Year 1, Smith, a divorced person, provided over one half the support for his widowed mother, Ruth, and his son, Clay, both of whom are U.S. citizens. During Year 1, Ruth did not live with Smith. She received $9,000 in Social Security benefits. Clay, a 25-year-old full-time graduate student, and his wife lived with Smith. Clay had no income but filed a joint return for Year 1, owing an additional $500 in taxes on his wife’s income. How many exemptions was Smith entitled to claim on his Year 1 tax return?

A

Smith is entitled to an exemption for himself. He is also entitled to an exemption for his mother Ruth (qualifying relative). Ruth has $9,000 in Social Security payments during Year 1, but because that is her only income, the Social Security is not taxable, and nontaxable income does not count in calculating whether an exemption can be taken for a dependent. Clay cannot be taken as a dependent because he filed a joint return with his wife. Because the joint return was filed for a purpose other than simply claiming a refund, the joint return prevents Smith from claiming an exemption for Clay. An exemption cannot be taken for Clay’s wife because she filed a joint return with Clay. Smith is entitled to two exemptions.

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8
Q

Jim and Kay Ross contributed to the support of their two children, Dale and Kim, and Jim’s widowed parent, Grant. For Year 27, Dale, a 19-year-old full-time college student, earned $4,500 as a babysitter. Kim, a 23-year-old bank teller, earned $12,000. Grant received $5,000 in dividend income and $4,000 in nontaxable Social Security benefits. Grant and Kim are U.S. citizens and were over one-half supported by Jim and Kay, but neither of the two currently reside with Jim and Kay. Dale’s main place of residence is with Jim and Kay, and he is currently on a temporary absence to attend school. How many exemptions can Jim and Kay claim on their Year 27 joint income tax return?

A

Taxpayers are now entitled to an exemption for each qualifying child and qualifying relative (two tests are “CARES” or “SUPORT”). For Dale, he does meet the residency requirement because there is an exception for a temporary absence while attending school. Therefore, he is a qualifying child under the CARES test. Kim does not qualify as a qualifying child (CARES test) because, although she is under age 24, she is not a full-time student. Therefore, the income limitations of the SUPORT test apply, and she does not qualify under that test either. Likewise, Grant’s taxable income of $5,000 exceeds the minimum. Thus, 3 total exemptions can be claimed (Jim, Kay, and Dale).

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9
Q

The qualifications to take an exemption for a qualifying relative are found in the “SUPORT” mnemonic.

A
  • Support (over 50%) test
  • Under a specific amount of (taxable) gross income test
  • Precludes dependent filing a joint tax return test
  • Only citizens (residents of US/Canada or Mexico) test
  • Relative test OR
  • Taxpayer lives with individual for whole year test
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10
Q

Darr, an employee of Sorce C Corporation, is not a shareholder. Which of the following would be included in a taxpayer’s gross income?
a.
Employer-provided medical insurance coverage under a health plan.
b.
The dividend income on shares of stock that the taxpayer received for services rendered.
c.
The fair market value of land that the taxpayer inherited from an uncle.
d.
A $10,000 gift from the taxpayer’s grandparents.

A

An individual receiving common stock for services rendered must recognize the fair market value as ordinary income. Any dividends received on that stock would also result in income recognition.

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11
Q

Because the second property was personally used more than 14 days, any net loss from the rental of the property will be disallowed.

A

All related expenses must be prorated between the personal use portion and the rental activity portion. Prorated depreciation is permitted for the rental activity.

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12
Q

Among the requirements for payments to be classified as alimony are the following:

A
  1. Payment must be in cash or its equivalent.
  2. Payments cannot extend beyond the death of the payee-spouse.
  3. Payments must be legally required pursuant to a written divorce (or separation) agreement.
  4. Payments cannot be made to members of the same household.
  5. Payments must not be designated as anything other than alimony.
  6. The spouses may not file a joint tax return.

Note: The requirements for payments to be considered alimony (income) are the same as for payments to be alimony (deductions).

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13
Q

Uniform Capitalization rules provide guidelines with respect to capitalizing or expensing certain costs. With regard to inventory:

A

direct materials, direct labor, and factory overhead should be capitalized as part of the cost of inventory. Warehousing costs, quality control and taxes, excluding income taxes, are all considered factory overhead items. The research should be expensed.

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14
Q

During Year 9, Ash had the following cash receipts:
Wages $ 13,000
Interest income from U.S. Treasury bonds $350
Workers’ compensation following a job-related injury $8,500

A

The total amount that must be included in gross income is $13,350 ($13,000 in wages plus $350 in interest income on U.S. Treasury bonds).

Rule: Wages and interest on U.S. Treasury bonds are includible in gross income and must be reported as part of gross income on a taxpayer’s income tax return.

Rule: Damages for personal injury (i.e., workers’ compensation for a job-related injury) are specifically excluded from gross income.

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15
Q

Rule: If foreign travel is primarily for personal in nature (e.g., a vacation), none of the travel expenses (e.g., round trip airfare) incurred will be allowable business deductions, even if the taxpayer was involved in business activities while in the foreign country.

A

Note: It does not appear that the examiners are attempting to trick candidates on the classification of the business expenses as travel or educational. It appears that the purpose of the question is to test the candidate’s ability to recognize when expenses are deductible and when they are not deductible business expenses.

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16
Q
On December 1 of the current taxable year, Krest, a self-employed cash basis taxpayer, borrowed $200,000 to use in her business. The loan was to be repaid on November 30 of the following year. Krest paid the entire interest amount of $24,000 on December 1 of the current year. What amount of interest was deductible on Krest's current year income tax return?
	a.	
$2,000
	b.	
$22,000
	c.	
$24,000
	d.	
$0
A

Choice “a” is correct. Cash basis taxpayers deduct interest in the year paid or the year to which the interest relates, whichever is later. Even though all of the interest on this loan was paid on December 1, of the current year, only the interest relating to December of the current year can be deducted in the current year. The question does not give an interest rate, but because the loan is to be repaid in a lump sum at maturity, 1/12 of the interest, or $2,000 applies to each month.

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17
Q

Scholarships are nontaxable for degree seeking students to the extent that the proceeds are spent on tuition, fees, books and supplies.

A

The $5,000 for teaching courses is taxable compensation for services delivered.

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18
Q

Which payment(s) is (are) included in a recipient’s gross income?
I.
Payment to a graduate assistant for a part-time teaching assignment at a university. Teaching is not a requirement toward obtaining the degree.
II.
A grant to a Ph.D. candidate for his participation in a university-sponsored research project for the benefit of the university.

A

BOTH

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19
Q

Under the uniform capitalization rules…

A

Purchasers of inventory for resale may deduct their marketing costs but must capitalize their off-site storage costs.

Marketing costs are deductible, but off-site storage must be capitalized.

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20
Q

In a tax year where the taxpayer pays qualified education expenses, interest income on the redemption of qualified U.S. Series EE Bonds may be excluded from gross income. The exclusion is subject to a modified gross income limitation and a limit of aggregate bond proceeds in excess of qualified higher-education expenses. Which of the following is (are) true?
I.
The exclusion applies for education expenses incurred by the taxpayer, the taxpayer’s spouse, or any person whom the taxpayer may claim as a dependent for the year.
II.
“Otherwise qualified higher-education expenses” must be reduced by qualified scholarships not includible in gross income.

A

BOTH:
Interest earned on Series EE bonds issued after 1989 may qualify for exclusion. One requirement is that the interest is used to pay tuition and fees for the taxpayer, spouse, or dependent enrolled in higher education. The interest exclusion is reduced by qualified scholarships that are exempt from tax and other nontaxable payments received for educational expenses (other than gifts and inheritances).

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21
Q

During the year Kay received interest income as follows:

On U.S. Treasury certificates
$ 4,000

On refund of prior year’s federal income tax
500

The total amount of interest subject to tax in Kay’s current year tax return is:

        a.	
$0
	b.	
$4,500
	c.	
$4,000
	d.	
$500
A

Choice “b” is correct. Interest income from U.S. obligations is generally taxable. Interest income on a federal tax refund is taxable, even though the refund itself is not taxed.

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22
Q

With regard to the inclusion of social security benefits in gross income, for the Year 8 tax year, which of the following statements is correct?
a.
The social security benefits in excess of the modified adjusted gross income over a threshold amount are included in gross income.
b.
The social security benefits in excess of one half the modified adjusted gross income are included in gross income.
c.
The social security benefits in excess of modified adjusted gross income are included in gross income.
d.
Eighty-five percent of the social security benefits is the maximum amount of benefits to be included in gross income.

A

Choice “d” is correct. The amount of social security benefits that is taxed is dependent on whether the combined income (AGI plus interest on tax-exempt bonds and 50% of the social security benefits) is greater than a threshold amount. If the combined income is less than the threshold, the amount taxed is the lesser of 1) 50% of the benefits or 2) 50% of the excess of the combined income over the threshold. If the combined income is greater than the threshold, the amount taxed is the lesser of 1) amount calculated above plus 85% of the excess of the combined income over the threshold or 2) 85% of the benefits. Thus, 85% of the benefits is the maximum amount of benefits that may be included in gross income.

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23
Q

Rich is a cash basis self-employed air-conditioning repairman with current year gross business receipts of $20,000. Rich’s cash disbursements were as follows:

Air conditioning parts
$ 2,500
Yellow Pages listing
2,000
Estimated federal income taxes on self-employment income
1,000
Business long-distance telephone calls
400
Charitable contributions
200
What amount should Rich report as net self-employment income?
	a.	
$14,900
	b.	
$13,900
	c.	
$14,100
	d.	
$15,100
A
Deductions to arrive at net self-employed income include all necessary and ordinary expenses connected with the business. Estimated federal income tax payments are not an expense. Charitable contributions by an individual are only deductible as an itemized deduction on Schedule A. This assumes the contribution was not made with the "expectation of commensurate financial return."
Receipts
$ 20,000
Parts
(2,500)
Listing
(2,000)
Telephone
(400)
Net self-employment income
$ 15,100
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24
Q
On December 1, Year 1, Michaels, a self-employed cash basis taxpayer, borrowed $100,000 to use in her business. The loan was to be repaid on November 30, Year 2. Michaels paid the entire interest of $12,000 on December 1, Year 1. What amount of interest was deductible on Michaels' Year 2 income tax return?
	a.	
$11,000
	b.	
$1,000
	c.	
$12,000
	d.	
$0
A

Prepaid interest must be prorated over the time for which payment is made. This is true for both cash and accrual basis taxpayers. The loan is for 1 month in Year 1 and 11 months in Year 2. Therefore, 1/12 of the interest is deductible in Year 1 and 11/12, or $11,000 is deductible in Year 2.

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25
Q
Perle, a dentist, billed Wood $600 for dental services. Wood paid Perle $200 cash and built a bookcase for Perle's office in full settlement of the bill. Wood sells comparable bookcases for $350. What amount should Perle include in taxable income as a result of this transaction?
	a.	
$550
	b.	
$200
	c.	
$0
	d.	
$600
A

Choice “a” is correct. The $200 cash received plus the $350 fair value of the bookcase received must be included in income by Perle, for a total of $550. The income is based on the value in money or fair value of property received by Perle, not the $600 billed.

26
Q

Charles and Marcia are married cash-basis taxpayers. In Year 8, they had interest income as follows:
$500 interest on federal income tax refund.
$600 interest on state income tax refund.
$800 interest on federal government obligations.
$1,000 interest on state government obligations.
What amount of interest income is taxable on Charles and Marcia’s Year 8 joint income tax return?
a.
$500
b.
$2,900
c.
$1,900
d.
$1,100

A

Choice “c” is correct. The $500 interest on federal income tax refund, the $600 interest on state income tax refund, and the $800 interest on federal government obligations are taxable, for a total of $1,900. The $1,000 interest on state government obligations is normally not taxable.

27
Q
Nare, an accrual-basis taxpayer, owns a building which was rented to Mott under a ten-year lease expiring August 31, Year 8. On January 2, Year 2, Mott paid $30,000 as consideration for cancelling the lease. On November 1, Year 2, Nare leased the building to Pine under a five-year lease. Pine paid Nare $10,000 rent for the two months of November and December, and an additional $5,000 for the last month's rent. What amount of rental income should Nare report in its Year 2 income tax return?
	a.	
$45,000
	b.	
$15,000
	c.	
$10,000
	d.	
$40,000
A

Choice “a” is correct.

Prepaid rent is income when received even for an accrual-basis taxpayer. The $30,000 received as consideration for cancelling the lease is in substitution for rental payments and is thus rental income. The $5,000 prepaid for the last month’s rent is also rental income

28
Q
John and Mary were divorced last year. The divorce decree provides that John pay alimony of $10,000 per year, to be reduced by 20% on their child's 18th birthday. During the current year, John paid $7,000 directly to Mary and $3,000 to Spring College for Mary's tuition. What amount of these payments should be reported as income in Mary's current year income tax return?
	a.	
$5,600
	b.	
$10,000
	c.	
$8,000
	d.	
$8,600
A

Choice “c” is correct. Alimony would be income to Mary while child support would not. Funds qualify as child support only if 1) a specific amount is fixed or is contingent on the child’s status (e.g., reaching a certain age), 2) it is paid solely for the support of minor children, and 3) it is payable by decree, instrument or agreement. The actual use of the funds is irrelevant to the issue. In this case, $2,000 (20% × $10,000) qualifies as child support. The other $8,000 is alimony, which would be income to Mary.

29
Q
Clark filed Form 1040EZ for the Year 8 taxable year. In July, Year 9, Clark received a state income tax refund of $900 plus interest of $10, for overpayment of Year 8 state income tax. What amount of the state tax refund and interest is taxable in Clark's Year 9 federal income tax return?
	a.	
$910
	b.	
$10
	c.	
$0
	d.	
$900
A

Choice “b” is correct. Except for interest from state and local government bonds, interest income is fully taxable, so the $10 is included in income. Filing Form 1040EZ means that Clark did not itemize in the prior year, and therefore, did not deduct any state income taxes last year. Under the tax benefit rule, the refund is not taxable this year since Clark did not deduct the tax last year.

30
Q

Freeman, a single individual, reported the following income in the current year:
Guaranteed payment from services rendered to a partnership $ 50,000
Ordinary income from an S corporation 20,000
What amount of Freeman’s income is subject to self-employment tax?
a.
$70,000
b.
$50,000
c.
$20,000
d.
$0

A

Choice “b” is correct.
Guaranteed payments are reasonable compensation paid to a partner for services rendered (or use of capital) without regard to his ratio of income. Earned compensation is subject to self-employment tax. Payments not guaranteed are merely another way to distribute partnership profits. The ordinary income reported from an S corporation is taxable income to the individual or their own individual tax return but is not subject to self-employment tax. The ordinary income reported from a partnership may be subject to self-employment tax (if to a general partner).

31
Q
During the current year, Adler had the following cash receipts:
Wages
$ 18,000
Interest income from investments in municipal bonds
400
Unemployment compensation
3,900
What is the total amount that must be included in gross income on Adler's current year income tax return?
	a.	
$18,000
	b.	
$21,900
	c.	
$22,300
	d.	
$18,400
A

Choice “b” is correct.
The wages of $18,000 and unemployment compensation are both includable in gross income on Adler’s current year income tax return.

32
Q
DAC Foundation awarded Kent $75,000 in recognition of lifelong literary achievement. Kent was not required to render future services as a condition to receive the $75,000. What condition(s) must have been met for the award to be excluded from Kent's gross income?
I.
Kent was selected for the award by DAC without any action on Kent's part.
II.
Pursuant to Kent's designation, DAC paid the amount of the award either to a governmental unit or to a charitable organization.
	a.	
I only.
	b.	
Both I and II.
	c.	
II only.
	d.	
Neither I nor II.
A

BOTH:Generally, the fair market value of prizes and awards is taxable income. However, an exclusion from income for certain prizes and awards applies where the winner is selected for the award without entering into a contest (i.e., without any action on their part) and then assigns the award directly to a governmental unit or charitable organization. Therefore, conditions “I” and “II” must be met in order for Kent to exclude the award from his gross income.

33
Q
Mosh, a sole proprietor, uses the cash basis of accounting. At the beginning of the current year, accounts receivable were $25,000. During the year, Mosh collected $100,000 from customers. At the end of the year, accounts receivable were $15,000. What was Mosh's gross taxable income for the current year?
	a.	
$110,000
	b.	
$75,000
	c.	
$100,000
	d.	
$90,000
A
Choice "c" is correct. The facts state that cash collections from customers were $100,000 and as a cash basis taxpayer this is the amount of Mosh's gross taxable income for the year. Note that according to the formula BASE - we can determine the amount of sales = $90,000, but that would give us accrual, not cash basis, income.
Beginning A/R
$ 25,000
Add―Sales
90,000
accrual basis taxable income
115,000
Subtract―Cash collections
(100,000)
cash basis taxable income
Ending A/R
$ 15,000
34
Q
Porter was unemployed for part of the year. Porter received $35,000 of wages, $6,400 from a state unemployment compensation plan, and $2,000 from his former employer's company-paid supplemental unemployment benefit plan. What is the amount of Porter's gross income?
	a.	
$43,400
	b.	
$37,000
	c.	
$41,400
	d.	
$35,000
A

RULE: Gross income includes all income unless it is specifically excluded in the tax code.
Choice “a” is correct. Wages and all unemployment compensation are not excluded from being taxable; therefore, they are included in the taxpayer’s gross income for tax purposes.
Wages received $ 35,000
State unemployment compensation 6,400
Employer’s unemployment compensation plan 2,000
$ 43,400

35
Q

Which one of the following will result in an accruable expense for an accrual-basis taxpayer?
a.
A repair completed prior to year end and paid upon completion.
b.
An invoice dated prior to year end but the repair completed after year end.
c.
A signed contract for repair work to be done and the work is to be completed at a later date.
d.
A repair completed prior to year end but not invoiced.

A

RULE: An accruable expense is one is which the services have been received/performed but have not been paid for by the end of the reporting period.
Choice “d” is correct. The facts indicate that a repair was completed prior to year end but not yet invoiced. If it has not yet been invoiced, it is assumed that it has also not yet been paid for. Therefore, this is a situation in which the repair expense would be accrued at year end. Services have been performed, but they have not been paid for, as they have not even been invoiced yet.

36
Q
In the current year Jensen had the following items:
Salary
$ 50,000
Inheritance
25,000
Alimony from ex-spouse
12,000
Child support from ex-spouse
9,000
Capital loss on investment stock sale
(6,000)
What is Jensen's AGI for the current year?
	a.	
$62,000
	b.	
$84,000
	c.	
$44,000
	d.	
$59,000
A
Choice "d" is correct. The question asks for AGI, but all of the items in the list are items of potential gross income. There are no adjustments included in the list; therefore, in this case, AGI is the same as gross income. The calculation is as follows:
Salary
$ 50,000
Inheritance
0
[not taxable]
Alimony from ex-spouse
12,000
Child support from ex-spouse
0
[not taxable]
Capital loss on investment stock sale
(3,000)
[maximum deductible]
AGI
$ 59,000
37
Q

Which of the following is subject to the Uniform Capitalization Rules of Code Sec. 263A?
a.
Warehousing costs incurred by a manufacturing company with $12 million in annual gross receipts.
b.
Editorial costs incurred by a freelance writer.
c.
Mine development and exploration costs.
d.
Research and experimental expenditures.

A

Choice “a” is correct. Uniform capitalization rules apply to the following: (1) real or tangible personal property produced by the taxpayer for use in his or her trade or business; (2) real or tangible personal property produced by the taxpayer for sale to his or her customers; and (3) real or tangible personal property acquired by the taxpayer for resale, provided the taxpayer’s annual average gross receipts for the preceding three years exceeds $10,000,000. Warehousing costs incurred by a manufacturing company (making inventory for sale to its customers) are subject to the Uniform Capitalization Rules. Further, they are the only item on the list that is real or tangible personal property. In this case, the inventory is not acquired for resale (it is produced by the taxpayer for sale to his or her customers), so the fact that the annual sales are $12,000,000 does not matter in this case. The sales could have been less than $10,000,000 annually, and the Uniform Capitalization Rules would still have applied.

38
Q

Direct material, direct labor, and factory overhead (applicable indirect costs) are capitalized with respect to inventory under the uniform capitalization rules for property acquired for resale. Applicable indirect costs include depreciation and amortization, insurance, supervisory wages, utilities, spoilage and scrap, design expenses, repair and maintenance and rental of equipment and facilities (including offsite storage), some administrative costs, costs of bonus and other incentive plans, and indirect supplies and other materials (including repackaging costs).

A

Boom

39
Q
Chris, age 5, has $3,000 of interest income and no earned income this year. Assume the current applicable standard deduction is $950, how much of Chris' income will be taxed at Chris' parents' maximum tax rate?
	a.	
$0
	b.	
$1,100
	c.	
$2,050
	d.	
$3,000
A

Choice “b” is correct. The amount of income for a child under 18 that is taxable at the parents’ maximum tax rate is deemed the “kiddie tax.” To calculate the amount that is taxed at the parents’ highest rate, take the child’s total interest income ($3,000 in this question) and reduce it by the child’s standard deduction ($950 in this case). The next $950 is then taxed at the child’s rate, and the balance of $1,100 ($3,000 - $950 - $950 = $1,100) is taxed at the parents’ highest rate.

40
Q
Barkley owns a vacation cabin that was rented to unrelated parties for 10 days during the year for $2,500. The cabin was used personally by Barkley for three months and left vacant for the rest of the year. Expenses for the cabin were as follows:
 Real estate taxes	$ 1,000
 Maintenance and utilities	2,000
How much rental income (loss) is included in Barkley's adjusted gross income?
	a.	
$(1,500)
	b.	
$0
	c.	
$500
	d.	
$(500)
A

RULE: If a vacation residence is rented for less than 15 days per year, it is treated as a personal residence. The rental income is excluded from income, and mortgage interest (first or second home) and real estate taxes are allowed as itemized deductions. Depreciation, utilities, and repairs are not deductible.
Choice “b” is correct. Applying the RULE above, if a vacation residence is rented for less than 15 days per year, it is treated as a personal residence. The rental income ($2,500 in this case) is excluded from income. A Schedule E is not filed for this property (i.e., no income is reported, the taxes are reported as itemized deductions, and the maintenance and utilities are not deductible), so the effect on AGI is zero.

41
Q

Rule: Qualified higher education expenses are tuition and fees required for the enrollment or attendance of the taxpayer, the taxpayer’s spouse, or any dependent for whom the taxpayer is allowed a dependency exemption, at an eligible educational institution.

A

The expenses otherwise taken into account must be reduced by the total amounts received for excludable qualified scholarships, certain educational assistance allowances, and other tax-exempt payments (other than gifts, bequests, devises, or inheritances).

42
Q

The basic formula for determination of net rental income or loss follows:

A
Gross rental income
Prepaid rental income
Rent cancellation payments
Improvements in lieu of rent
(Rental expenses)
Net rental income (loss)

NOTE:
If security deposits are held separately and not available to be applied to last month’s rent (as in a segregated account), they are a liability of the taxpayer and not included in income in the year received.

43
Q
An individual received $50,000 during the current year pursuant to a divorce decree. A check for $25,000 was identified as annual alimony, checks totaling $10,000 as annual child support, and a check for $15,000 as a property settlement. What amount should be included in the individual's gross income?
	a.	
$0
	b.	
$25,000
	c.	
$50,000
	d.	
$40,000
A

Rules: Payments for the support of a spouse are income to the spouse receiving the payments and are deductible to arrive at adjusted gross income by the contributing spouse. Child support is not taxable. Property settlements are not taxable.

44
Q

Which one of the following statements is correct with regard to an individual taxpayer who has elected to amortize the premium on a bond that yields taxable interest?
a.
The bond’s basis is reduced by the amortization.
b.
The amortization is not treated as a reduction of taxable income.
c.
The amortization is treated as an itemized deduction.
d.
The bond’s basis is increased by the amortization.

A

Choice “a” is correct. The bond’s basis is reduced by the amortization of the premium.

45
Q
For a cash basis taxpayer, gain or loss on a year-end sale of listed stock arises on the:
	a.	
Trade date.
	b.	
Settlement date.
	c.	
Date of receipt of cash proceeds.
	d.	
Date of delivery of stock certificate.
A

Choice “a” is correct. Trade date.

Gain or loss on a year-end sale of listed stock arises on the trade date.

46
Q
Lane, a single taxpayer, received $160,000 in salary, $15,000 in income from an S Corporation in which Lane does not materially participate, and a $35,000 passive loss from a real estate rental activity in which Lane materially participated. Lane's modified adjusted gross income was $165,000. What amount of the real estate rental activity loss was deductible?
	a.	
$35,000
	b.	
$15,000
	c.	
$0
	d.	
$25,000
A

Rule: Passive activity is any activity in which the taxpayer does not materially participate. A net passive activity loss generally may not be deducted against other types of income (e.g., wages, other ordinary or active income, portfolio income (interest and dividends), or capital gains). In other words, passive losses may generally only offset passive income for a tax year-the remaining net loss is generally “suspended” and carried forward to a year when it may be used to offset passive income (or when the final disposition of the property occurs). However, there is an exception (the “mom and pop exception,” as we refer to it in the textbooks) to this general rule. Taxpayers who own more than 10% of the rental activity, have modified AGI under $100,000, and have active participation (managing the property qualifies), may deduct up to $25,000 annually of net passive losses attributable to real estate. There is a phase-out provision for modified AGI from $100,000 − $150,000, and the deduction is completely phased-out for modified AGI in excess of $150,000.
Choice “b” is correct. Per the above rule, unless an exception exists (and it does not in this case, as Lane’s modified adjusted gross income is in excess of $150,000), passive losses may only offset passive income for a tax year (i.e., no “net loss” may exist). In this case, Lane has a $20,000 net loss from passive activity [$15,000 S Corporation income (passive, in this case because the facts state Lane does not materially participate) minus the $35,000 rental real estate loss]. Thus, only $15,000 of the passive loss from real estate rental activity may be used to offset the $15,000 income from the S Corporation. The remaining $20,000 passive activity loss is carried forward to be used in future years.

47
Q
A 33-year-old taxpayer withdrew $30,000 (pretax) from a traditional IRA. The taxpayer has a 33% effective tax rate and a 35% marginal tax rate. What is the total tax liability associated with the withdrawal?
	a.	
$10,500
	b.	
$13,000
	c.	
$13,500
	d.	
$10,000
A
Rule: Generally, unless an exception applies, retirement money cannot be withdrawn until the individual reaches the age of 59 ½. If retirement money (without an exception) is withdrawn before the age of 59 ½, the premature distribution is subject to a 10% penalty tax (in addition to the applicable regular income tax that applies to all distributions of traditional IRA money).
Choice "c" is correct. The taxpayer is under the age of 59 ½, and the facts do not indicate that an exception applies; therefore, the taxpayer is subject to the 10% penalty on the IRA distribution in addition to the regular income tax. The regular income tax that applies is the marginal rate (the rate for the next dollar of taxable income). The effective tax rate is simply the total tax divided by the total taxable income. In this case, the taxpayer would have to pay the regular tax on the distribution at the 35% marginal rate PLUS the 10% penalty on early distribution without an exception. The calculation to arrive at the total tax associated with the withdrawal follows:
Regular Income Tax
$ 30,000
× 35%
$ 10,500
Penalty Tax
30,000
× 10%
3,000
Total Tax
$ 13,500
48
Q
Which of the following should be included when determining adjusted gross income?
	a.	
Compensation for injuries or sickness.
	b.	
Alimony received.
	c.	
Tuition scholarship.
	d.	
Rental value of parsonages.
A

Choice “b” is correct. Alimony received is definitely considered part of income and of adjusted gross income.

49
Q

In the current year, a taxpayer reports the following items:
Salary $ 50,000
Income from partnership A, in which the taxpayer materially participates 20,000
Passive activity loss from partnership B (40,000)
During the year, the taxpayer disposed of the interest in partnership B, which had a suspended loss carryover of $10,000 from prior years. What is the taxpayer’s adjusted gross income for the current year?
a.
$70,000
b.
$60,000
c.
$30,000
d.
$20,000

A

Explanation
Choice “d” is correct. The $50,000 salary and income from partnership activity of $20,000 are taxable. Typically, passive activity losses, whether in the current or prior years, may only be used to offset passive activity income. The exception to this is in the year the passive activity is disposed of (sold), if still unused, passive activity losses are fully deductible in the year of disposal:
Salary $ 50,000
+ Income from partnership A 20,000
- PAL from partnership B (40,000)
- Loss carryover from partnership B (10,000)
Adjusted gross income $ 20,000

50
Q

Seth Silver had the following items of income during the taxable year:
Interest income from a checking account $ 1,000
Interest income from a money market account 2,050
Interest income from a municipal bond he purchased during the current year 250
Interest income from federal bonds he purchased 2 years ago 750
On his current year tax return, what amount is taxable income?
a.
$3,050
b.
$4,050
c.
$3,300
d.
$3,800

A

Choice “d” is correct. Taxable interest includes amounts received from general investment accounts as well as interest on federal obligations. Interest received from state and municipal bonds is not taxable.

51
Q
Tom and Sharlene had the following items of income and expense during the taxable year:
Self-Employment Activity
Gross income
$35,000
Business license fees
500
Marketing Expenses
2,000
Salary paid to Sharlene
10,000
Tom's wages from his Job
67,000
Interest from money market
1,500
Gain from sale of securities owned for 3 months
15,000
What is Tom & Sharlene's gross income before adjustments?
	a.	
$116,000
	b.	
$106,000
	c.	
$128,500
	d.	
$131,500
A

Choice “a” is correct. Tom & Sharlene’s gross income is calculated as follows:
Net self-employment income $ 32,500
Tom’s wages 67,000
Interest 1,500
Gain from sale 15,000
Total gross Income $ 116,000
Note: Sharlene’s salary is not included as income as 100% of the net self-employment activity is taxable to her. Her salary is considered a draw and is not an allowable business deduction against the gross income of the self-employment activity.

52
Q
ohnson worked for ABC Co. and earned a salary of $100,000. Johnson also received, as a fringe benefit, group term-life insurance at twice Johnson's salary. The annual IRS-established uniform cost of insurance is $2.76 per $1,000. What amount must Johnson include in gross income?
	a.	
$100,414
	b.	
$100,276
	c.	
$100,552
	d.	
$100,000
A

Choice “a” is correct.

–“The first $50,000 of group term life insurance is a nontaxable fringe benefit. “–

Amounts exceeding this are taxable based on IRS tables. The total group term life insurance here is $200,000 (twice the salary of $100,000). The amount exceeding $50,000 is $150,000. The cost given here is $2.76 per $1,000 of insurance. 150 × $2.76 = $414. So the total amount included in gross income is $100,414 ($100,000 + $414).

53
Q

Nan, a cash basis taxpayer, borrowed money from a bank and signed a 10-year interest-bearing note on business property on January 1 of the current year. The cash flow from Nan’s business enabled Nan to prepay the first three years of interest attributable to the note on December 31 of the current year. How should Nan treat the prepayment of interest for tax purposes?
a.
Deduct the entire amount as a current expense.
b.
Capitalize the interest as part of the basis of the business property.
c.
Deduct the current year’s interest and amortize the balance over the next two years.
d.
Capitalize the interest and amortize the balance over the 10-year load period.

A

Choice “c” is correct. Interest paid in advance by a cash basis taxpayer on business loans cannot be deducted until the tax period to which the interest relates. In other words, the interest must be both paid and incurred in order to be deducted.

54
Q

Dietz is a passive investor in three activities which have been profitable in previous years. The profit and losses for the current year are as follows:

Gain/(Loss)
Activity X
$ (30,000)
Activity Y
(50,000)
Activity Z
20,000
Total
$ (60,000)
What amount of suspended loss should Dietz allocate to Activity X?
	a.	
$30,000
	b.	
$20,000
	c.	
$22,500
	d.	
$18,000
A

Choice “c” is correct. For the current year, there is a net passive loss of $60,000. This should be allocated to the two activities with passive losses in the ratio of their losses to total losses. Activity X will receive an allocation of $22,500 of the net loss [$60,000 × ($30,000 / $80,000)].

55
Q
The Jacksons, who file a joint return, actively participate in a solely-owned rental real estate activity that produces a $30,000 loss during the current year. Their adjusted gross income was $120,000 before considering the rental activity. How much of the rental loss, if any, are the Jacksons entitled to deduct?
	a.	
$15,000
	b.	
$30,000
	c.	
$0
	d.	
$25,000
A

Choice “c” is correct. Generally, passive losses are only deductible against other passive income, and there is no passive income in the facts of this question. However, the “mom and pop” exception will apply because the Jacksons actively participate in the activity. This exception allows up to $25,000 of passive losses to be deducted against other nonpassive income. There is a phase-out over an adjusted gross income (AGI) range of $100,000 to $150,000. The Jacksons’ AGI is $120,000, and that is 40% into the phase-out range. Therefore, 40% of the $25,000 exception amount is phased out, and the deduction is $15,000 [$25,000 – ($25,000 × 40%)].

56
Q
Robert Corp. granted an incentive stock option for 200 shares to Beverly, an employee, on March 14, Year 12. The option price and FMV on the date of grant was $150. Beverly exercised the option on August 2, Year 14, when the FMV was $180 per share. She sold the stock on September 20, Year 15, for $250 per share. How much gross income did Beverly recognize in Year 12?
	a.	
$150
	b.	
$30,000
	c.	
$20,000
	d.	
$0
A

Choice “d” is correct. Due to the fact that this is a qualified stock option, there is no recognition of income in the year of grant.

57
Q
Robert Corp. granted an incentive stock option for 200 shares to Beverly, an employee, on March 14, Year 12. The option price and FMV on the date of grant was $150. Beverly exercised the option on August 2, Year 14, when the FMV was $180 per share. She sold the stock on September 20, Year 15, for $250 per share. How much gross income did Beverly recognize in Year 15?
	a.	
$20,000
	b.	
$30,000
	c.	
$150
	d.	
$0
A

Choice “a” is correct. This is the gain Beverly will recognize upon the sale of the stock. The purchase was 200 shares at $150 per share, or $30,000. The sale was 200 shares at $250 per share, or $50,000. This gain is not recognized until the sale occurs in Year 15.

58
Q
Wade Inc. granted a nonqualified stock option for 100 shares at $50 per share to Mary, an employee, on May 1, Year 12. On that date, the option was selling on an established market for $4 per share. Mary exercised the option on August 2, Year 13, when the FMV was $80 per share. She sold the stock on September 2, Year 14, for $100 per share. How much gross income and what type did Mary recognize in Year 12?
	a.	
$400 capital gain
	b.	
$5,000 ordinary income
	c.	
$5,000 capital gain
	d.	
$400 ordinary income
A

Choice “d” is correct. The employee receiving a nonqualified stock option must recognize as ordinary income the value of the option if traded on an established market. Here, that is 100 shares at $4 per share, or $400.

59
Q

Which of the following statements is not correct?
a.
For an Incentive Stock Option, once exercised, the stock must be held at least two years after the grant date and at least one year after the exercise date.
b.
The recipient of an Incentive Stock Option will generally have to report compensation income in the year that the option is received.
c.
Employee Stock Purchase Plans are a type of qualified stock option plan.
d.
The employer may recognize a deductible expense for a nonqualified stock option in the same year that the employee will recognize ordinary income.

A

Choice “b” is correct. Generally there is no recognition of compensation expense with an Incentive Stock Option.

60
Q

James Corp. issue stock options to employees under an Employee Stock Purchase Plan. Which of the following statements is correct?
I.
The option exercise price must be less than the lesser of 95% of the FMV of the stock when granted or exercised.
II.
The option cannot be exercised more than 27 months after the grant date.

A

Choice “a” is correct. I is not correct because the rule states 85%, not 95%. II is a correct statement. This is a requirement of an ESPP.