Roger's Stuff Flashcards

1
Q

For AGI Adjustments

A
I EMBRACED ED/HEALTH/FARMS
I-Interest on Student Loans-2500
E-Employment Tax-50%, Med Premiums-100%
M-Moving Expenses
B-Business Expense (Sch C)
R-Rent/Royalty & Flow Through Entities (Shc E)
A-Alimony (CANNOT)
C-Contributions to Retirement (KEOGH/IRA)
E-Early Withdrawal Penalty
D-Jury Duty Pay
Education-4000
Health Savings Accounts
Farm Income (Sch F)
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2
Q

Itemized (Sch A) Deductions

A
COMMIT
C-Charitable Contributions
O-Other Misc
M-Misc Other Expenses (2%)
M-Medical Expenses
I-Interest
T-Taxes
T-Theft or Casualty
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3
Q

Requirements to Deduct Alimony Paid?

A
CANNOT
C-Cash Only (Not Property)
A-Apart when payments are made (Not living together)
N-Not Child Support
N-Not Designated as property settlement
O-Own return for payer/payee
T-Terminates on death of recipient
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4
Q

Requirements to be a dependent?

A

C-IRS-Jack you up
C-Citizen
I-Income (Limited to personal exemption amount)
R-Relationship or unrelated and living with all year
S-Support over 50%
J-No Joint return with spouse

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5
Q

AMT Individuals Calculation

A
Regular Taxable Income
\+/- Adj and preferences
=AMTI before Exemption
-Exemption
=AMTI
* Tax Rate (26%/28%)
=Tentative minimum tax
-Regular Tax
\+AMT
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6
Q

AMT Adjustments?

A

SIMPLE-PIE
S-Standard Deduction NO
I-Interest on home equity loans for cash NO
M-Medical Exp under 10% of AGI NO
P-Personal and dependent exemptions NO
L-Local and State Inc, property and sales tax NO
E-Employee bus exp, Tax prep, Invest exp (2%) NO
TAX PREFERENCES
P-Private activity bond interest-Fully Taxable
I-Incentive stock options (Exercise market price)
E-Excess Depreciation on personal property (150%vsDDB)

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7
Q

Required to file a Registration Statement and Prospectus when?

A
SPIN
S-offer Securities
P-Public Issue (Large # of People)
I-Interstate Commerce
N-No other exemption is available
GRIND
G-Govt Securities
R-Regulated Companies
I-Insurance Contracts
N-Non-Profit Orgs
D-Debt to be paid w/in 9 Mo of borrowing
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8
Q

Exemptions for filing Registration Statement and Prospectus?

A

ACID-BRAINS
A-reg A-Small offerings
C-Commercial Paper (=<9mo)
I-Intrastate offerings-At least 80% sales in state.
D-reg D-Private Placement Offerings (504,505,506)
B-Brokerage Transactions
R-Regulated Industries
A-Agencies of the Govt (RR, Muni Bonds)
I-Insurance Contracts/Polices-Not stock in Ins Co.
N-Not for Profit
S-Stock Dividends and Splits-No Commission Pd.

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9
Q

Who can Sue? Plaintiff/Purchaser must prove?

A

MILE
M-Material Misstatement or Omission
I-Info in the Fin Smts was the cause of harm
L-Loss-Must have suffered financial loss because of info
E-Error caused by breach/non-performance.

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10
Q

A partnership formation is required to be in writing if…?

A

GROSS
G-sale of Goods is worth $500 or more
R-Real Estate Sales
O-Over one year is required to perform contract
S-Suretyship (Cosign)
S-Statements in consideration of marriage

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11
Q

In a partnership unanimous consent is required for…?

A

AGAST
A-Admitting new partner
G-Guaranteeing the debts of a 3rd party
A-Admitting or submitting a legal claim in court
S-Sale or pledge of partnership assets
T-Third parties are notified of a limit to the partners actual authority.

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12
Q

Corporate Income Tax Return (1120)

A
Gross Income (Worldwide)
-Ordinary Deductions
=Income before "Special Deductions"
-Charitable Deductions
-Dividend Received Deductions
=Taxable Income
*Tax Rate
=Gross Tax Liability
-Foreign Tax Credit
=Regular Tax Liability
\+Personal Holding Company Tax
\+Accumulated Earnings Tax
\+Alternative Minimum Tax
=Total Tax Liability
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13
Q

Corporate AMT?

A
Regular Taxable Income
\+/- Adj and Pref
=AMTI before ACE Adj
\+/-Adj Current Earnings (ACE) Adj
=AMTI
*Tax Rate
=Tentative Minimum Tax
-Regular Tax
=AMT
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14
Q

What are the Adj and Pref for Corp AMT?

A

PILE
P-Private Activity Bonds
I-Installment sales of Inv (diff between accrual and…)
L-L/T contract inc calculated w/ % Completion
E-Excess deprec. on personal property-150% over DDB

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15
Q

What are the ACE (Adj Current Earnings) adjustment additions?

A

SLIM
S-70% DRD on dividends from unrelated corps
LI-Life Insurance proceeds on death of key employee
M-Muni Bond interest

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16
Q

What are the exceptions to the in writing rule of the statute of frauds when a change in contract puts the sale above $500?

A

SPAM
S-Specially Manufactured goods at request of buyer
P-Performance of contract already occurred (full or part)
A-Admitted in court by defendant
M-Merchant goods not objecting to written confirmation within 10 days is treated as signed.

17
Q

What are the real defenses against liability? Invalidity of the paper iteslf.

A

FABLE
F-Forgery-Defendant didn’t sign the instrument at all
A-Alteration-Amount has been altered w/o permission
B-Bankruptcy discharge-the court has formally discharged the defendant form their obligation under the not.
L-Lack of Capacity-Minor or extreme duress
E-Execution fraud/Extreme duress-Deceived into signing.

18
Q

What are the personal defenses against liability? Instrument creator wronged.

A
BUILD
B-Breach of contract
U-Unauthorized completion
I-Inducement of Fruad
L-Lack of Consideration
D-Duress
19
Q

What are the requirements of negotiability?

A
COUPONS
C-Certain amount of money
O-Order or Bearer
U-Unconditional Promise to Pay
P-Payment in Money
ON-ON Demand or specific time
S-Signed by creator of instrument
20
Q

What are the avoiding powers of the Trustee under Bankruptcy?

A

FLAP
F-Fraudulent x-fers by the debtor w/in 2yrs of filing petition
L-Liens by statute (not liens from before petition)
A-After Filing petition x-fer of property
P-Preferential x-fer of property

21
Q

What are the preferential transfers of property in the avoiding powers of the trustee under bankruptcy?

A

I-WAIT
I-debtor was Insolvant when transfer was made
W-W/in 90 days of filiing the petition
A-for an Antecedent debt (pre-existing), (new value ok)
I-Improves the creditors position (got more than if no B)
T-Time increased form 90 days to 1yr for an insider

22
Q

What are the non-preferential transfers under bankruptcy?

A
C-CONAC
C-Charity
C-Consumer debt <$600
O-Ordinary course of business (Current util bill/Lse pmt)
N-New value
A-Alimony and child support
C-Continuation of installment payments
23
Q

What are the priority claims of distribution of assets under bankruptcy?

A

STOP-IT Drunk Driver
S-Support and Alimony pmts
T-Trustee, attorney, accountant and admin exp
O-Owed after petition date in invol gap between filing and approval date (Involuntary gap contributor)
P-Payroll (90days), Emp Benifits plan (180days)
I-Individual Consumer deposits up to $2600 each
T-Tax claims arising within 3 years of the petition
Drunk Driver injury claims

24
Q

What type of debts will a debtor not be discharged from after bankruptcy?

A

A-CC-SLUT STD
A-Alimony or child support
CC-CC purch for luxury goods >600 w/in 90dys of filing/cash advances >875 w/in 70dys/Auto Loans w/i 3yrs
S-Student Loans-When pmts aren’t yet owed
L-Loans obtained by fraud or false representations
U-Unscheduled/Unlisted debt
T-Tax claims w/in 3 years of filing
S-Sarbanes violations debt
T-debts incurred to pay Taxes
D-Drunk Driver injuries or death judgement

25
Q

How to Attach?

A

PIG
P-Property owned by debtor
I-Interest is created (signed security agreement/take possession)
G-Give Value

26
Q

How to Perfect?

A

FAT
F-File a financing statement
A-Automatic Perfection (PMSI Consumer goods)
T-Take Posession

27
Q

Shareholder’s basis in Corporate stock received from property transferred?

A
\+Adj basis of property transferred
\+Recognized Gain
\+Cash Paid
\+Transaction Fees and Costs
-Cash Received
-FMV of property received
-Liabilities transfered
28
Q

Corporation’s basis in transferred property for corporate stock?

A

+Adj basis of transferred property

+Gain recognized by transferor

29
Q

1250 Property

A

Real Property
Residential 27.5 years/Most bldgs 39 years
No salvage
Mid month

30
Q

1245 Property

A

Personal Property/Non-Real
3yrs-Small Tools/Software
5yrs-Auto/Light Truck/Copiers/Computers/Printers
7yrs-Most other Eq/ Office/Furniture
DDB Deprec/No Salvage
Half year/Mid Qtr if more than 40% in last Qtr

31
Q

179 Deduction

A

Immediately expense up to 500k

Reduced $ for $ over 2 million

32
Q

Ordinary Income Assets

A

Inventory
Receivables from sales
Self created artistic work
Capitalized, not expensed

33
Q

1231 Assets

A
Non-Current Business Assets
Used in Business but proceeds are incidental
1 year-Best of both worlds
     -Loss-Ordinary
     -Gain-Capital Gain
34
Q

Capital Asset

A

All assets other than Ordinary or 1231

Non-Business