Reg Flashcards
A CPA is liable for common law fraud when there is MIJI
1-Misstatement or omission of material fact
2-Intent to deceive (this is likely scienter)
3-Justifiable reliance on the misstatement by the injured party
4-Injury
Scienter is
IKI
frame of mind or motivation behind the action.
1-Intentionally disregards truth
2-Knowledge of fraud
3-Intends to gain monetarily by concealing fraud
Agent duty to a principal
Lo
Ob
In
Ac
Duty of Loyalty
Duty of Obedience
Duty to Inform
Duty to Account
Principal contractual duty to an agent. CRI
Duty to Compensate
Duty to Reimburse
Duty to Indemnify
Casualty loss effect on Basis for depreciation: RD
Reduce the basis - can be
Deducted on income tax return
What is the effect of the legal fees defending asset title on the adjusted Basis on asset
they are capitalized - increase the basis on the assets
The following assets are section 197 intangibles and must be amortized over 180 months:
1-Goodwill
2-Going concern value
3-Workforce in place
4-Business books and records, operating systems, or any other information base, including lists or other information concerning current or prospective customers
5-A patent, copyright, formula, process, design, pattern, know-how, format, or similar item
6-A customer-based intangible
7-A supplier-based intangible
8-Any item similar to items (3) through (7)
9-A license, permit, or other right granted by a governmental unit or agency (including issuances and renewals)
10-A covenant not to compete entered into in connection with the acquisition of an interest in a trade or business
11-Any franchise, trademark, or trade name, and
12-A contract for the use of, or a term interest in, any item in this list.
determine gain or loss of sale of a gift from a related party
If sales price is between fmv and donor basis - no gain nor loss is recognized
Dependent has to file a return because of income when this 3 conditions are met:
Unearned incom >
Earned income >
Gross income >
If ANY of this conditions are met
1-Un earned income > 1,100
2-Earned income > 12,550
3-Gross income> (1,100 or Earned+350)
To determine if father meets dependency test of Gross Income, What kind of income is NOT considered:
Tax exempt income, like social security (with limitations) municipal bonds, etc
Income requirement for claim a dependant does not apply if
children under 19 or under 24 if full time student for at least 5 months
Section 1250 gain is the difference between
AC
SL
ACRS and staightline depreciation
Types of limitation on business losses for individual taxpayers - in order
BR
ARL
PA
EBL
1-the basis rules,
2-the at-risk limitations,
3-the passive activity limitations, and
4-the excess business loss limitations.
Passive activity income does not include portfolio income like:
(interest, dividends, annuities, and royalties not derived in the ordinary course of a trade or business).