STUDY UNIT SIX PROPERTY TRANSACTIONS Flashcards

1
Q
Which of the following costs is includible in inventory under the uniform capitalization rules for merchandise manufactured by a company for sale to its customers?
A Advertising.
B General legal fees.
C Selling expenses.
D Engineering.
A

D Engineering.
This answer is correct.
A manufacturer capitalizes costs for construction of real or tangible personal property to be used or sold in a trade or business. Both direct and most allocable indirect costs necessary to prepare the inventory for its intended use must be capitalized. Therefore, the engineering costs are direct costs that are related to the construction or creation of the inventory to be sold by the manufacturer.

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2
Q
On March 1, Year 1, Harry Beech received a gift of income-producing real estate having a donor’s adjusted basis of $50,000 at the date of the gift. Fair market value of the property at the date of the gift was $40,000. Beech sold the property for $46,000 on August 1, Year 1. How much gain or loss should Beech report for Year 1?
A $4,000 short-term capital loss.
B $4,000 ordinary loss.
C No gain or loss.
D $6,000 short-term capital gain
A

C No gain or loss.
This answer is correct.
For the purpose of computing gain, a donee’s basis is the same as the donor’s basis. For computing loss, the donee takes the lower of the donor’s basis or the fair market value of the property (Sec. 1015). Beech has no gain or loss, as shown below.

Gain

Loss

Amount realized

$46,000

$46,000
Less basis

(50,000)

(40,000)

Gain (loss)

No gain

No loss

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3
Q
Harold Crowe had the following capital transactions for Year 1:
$3,000 long-term capital loss
9,000 long-term capital gain
2,000 net short-term capital gain
What is the amount of Crowe’s reportable capital gain net income in the Year 1 Schedule D summary?
A $6,000
B $8,000
C $11,000
D $5,000
A

B $8,000
This answer is correct.
Schedule D is used to report capital gains and losses, and the summary combines the long-term gains (losses) with the short-term gains (losses). When these capital gains and losses all net to a gain, it is called “capital gain net income.” This has occurred in the question and is computed below.
Net long-term capital gain ($9,000 – $3,000)

$6,000
Net short-term capital gain

2,000

Capital gain net income

$8,000

Do not confuse the term “capital gain net income” with the term “net capital gain.” A “net capital gain” is the excess of net long-term capital gains over net short-term capital losses. It does not include net short-term capital gains. The difference is important because the net capital gain term is used in applying the 28%/25%/15% maximum tax rate on capital gains. The 28%/25%/15% maximum tax rate does not apply to net short-term capital gains.

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4
Q

Capital assets include
A A corporation’s accounts receivable from the sale of its inventory.
B Seven-year MACRS property used in a corporation’s trade or business.
C A corporate real estate developer’s unimproved land that is to be subdivided to build homes, which will be sold to customers.
D A manufacturing company’s investment in U.S. Treasury bonds.

A

D A manufacturing company’s investment in U.S. Treasury bonds.
This answer is correct.
Capital assets are all property held by a taxpayer not excluded by the IRC. Among the items excluded are accounts receivable, depreciable property, and real property used in a trade or business. The investment in U.S. Treasury bonds is a capital asset

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5
Q

Adjusted basis is the original cost of an asset increased or decreased to reflect fair-market value.

True.
False.
A

False.
Your answer is correct.
Initial basis is adjusted consistent with tax relevant events

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6
Q

Under MACRS, residential rental property has a 27 1/2-year recovery period.

True.
False.
A

Correct
True.
Your answer is correct.
Under MACRS, residential rental property has a straight-line rate based on a 27 1/2-year recovery period. Residential rental property is real property with at least 80% of gross rents coming from dwelling units.

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7
Q

In a qualified like-kind exchange, realized gain is usually recognized only to the extent of boot (cash + FMV of other property + liability relief) received.

True.
False.
A

True.
Your answer is correct.
Gain is recognized equal to the lesser of gain realized or boot received including cash, net liability relief, and other nonqualified property (its FMV).

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8
Q

In Year 1, Rick bought a collectible watch for his own use at a cost of $8,000. In Year 5, when the fair market value was $12,000, Rick gave this watch to his son, Chris. No gift tax was due. What is he holding period and the type of asset?

A

Starts Year 1

Capital asset

This answer is correct.
The basis of property acquired by gift is generally the same as the basis in the hands of the donor. The holding period of property that has a transferred basis includes the holding period of the prior owner. Chris’s holding period, therefore, begins in Year 1 when Rick purchased the watch. Capital assets include all property held by a taxpayer unless excluded by the IRC. Personal-use property, such as jewelry, is a capital asset.
View Subunit 6.3 Outline

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9
Q
Danielson invested $2,000,000 in DEC, a qualified small business corporation. Six years later, Danielson sold all of the DEC stock for $16,000,000 and purchased an office building with the proceeds. Danielson had not previously excluded any gain on the sale of small business stock. What is Danielson’s taxable gain after the exclusion?
A $9,000,000
B $7,000,000
C $0
D $6,000,000
A

B $7,000,000
This answer is correct.
Taxpayers may exclude 50% of the gain from the sale or exchange of small business stock if the stock was held for more than 5 years. Danielson has realized gain of $14,000,000 ($16,000,000 sales price – $2,000,000 AB), but only needs to recognize $7,000,000 (50% × $14,000,000) as a taxable gain.
View Subunit 6.3 Outline

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10
Q

Soft Cream sells franchises to independent operators. In the current year, it sold a franchise to Edward Trent, charging an initial fee of $20,000 and a monthly fee of 2% of sales. Soft Cream retains the right to control such matters as employee and management training, quality control and promotion, and the purchase of ingredients. Mr. Trent’s current-year sales amounted to $200,000. From the transactions with Trent, Soft Cream, an accrual-basis taxpayer, should include in its computation of taxable income
A Long-term capital gain of $4,000, ordinary income of $20,000.
B Long-term capital gain of $20,000, ordinary income of $4,000.
C Ordinary income of $24,000.
D Long-term capital gain of $24,000.

A

C Ordinary income of $24,000.
This answer is correct.
The transfer of a franchise is not treated as a sale or exchange of a capital asset if the transferor retains significant power, rights, or continuing interest with respect to the franchise. The right to control employee and management training, quality control and promotion, and the purchase of ingredients constitutes significant power, rights, and continuing interest. Therefore, the transfer is not a sale but merely a licensing agreement, and all the income ($20,000 initial fee and $4,000 monthly fee) is ordinary income.
View Subunit 6.3 Outline

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11
Q
Ben Green operates a parking lot that yielded net income of $13,000 during 2014. The only other transactions that Mr. Green had during the year were a gain of $16,000 on the sale of some Westinghouse Corporation stock that he bought 2 years ago, a loss of $10,000 on the sale of 1 acre of the land used in his parking lot business, and a gain of $4,000 on the sale of 1/2 acre of the land used in his parking lot business. All of the land used in his parking lot operations was purchased 7 years ago. Mr. Green’s net capital gain from sale or exchange of capital assets for 2014 is
A $16,000
B $20,000
C $6,000
D $10,000
A

A $16,000
This answer is correct.
Net capital gain is the excess of the net long-term capital gain for the taxable year over the net short-term capital loss for the year. Mr. Green had two Sec. 1231 transactions: the $10,000 loss and the $4,000 gain. Real property (land) used in a trade or business is a Sec. 1231 asset, and land is neither Sec. 1245 nor Sec. 1250 property. These transactions result in a net Sec. 1231 loss of $6,000, so both are treated as ordinary gains and losses. The remaining sale resulted in a $16,000 long-term capital gain. Green’s net capital gain is $16,000.
View Subunit 6.7 Outline

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12
Q

Which one of the following is a capital asset when a business was built by the taxpayer?
A Delivery truck.
B Machinery used in business.
C Land used as a parking lot for customers.
D Goodwill.

A

D Goodwill.
This answer is correct.
Capital assets include all property held by a taxpayer unless excluded by the IRC. Goodwill is not excluded unless it was acquired in connection with a trade or business. Goodwill acquired is thus treated as amortizable property, which is not a capital asset. Internally generated goodwill, however, is a capital asset.
View Subunit 6.3 Outline

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13
Q

Under the modified accelerated cost recovery system (MACRS) of depreciation for property placed in service after 1986,
A The recovery period for depreciable realty must be at least 27.5 years.
B Salvage value is ignored for purposes of computing the MACRS deduction.
C No type of straight-line depreciation is allowable.
D Used tangible depreciable property is excluded from the computation.

A

B Salvage value is ignored for purposes of computing the MACRS deduction.
This answer is correct.
Salvage value is treated as zero in computing the amount allowable as a depreciation deduction under the MACRS. Used tangible property is depreciable under MACRS. The straight-line method is required for certain property, e.g., listed property. The 10-, 15-, and 20-year MACRS classes include certain real property, e.g., farm buildings.
View Subunit 6.2 Outline

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14
Q

John Budd is the sole shareholder of Ral Corp., an accrual-basis taxpayer engaged in wholesaling operations. Ral’s retained earnings at January 1, 2014, amounted to $1 million. For the year ended December 31, 2014, Ral’s book income before federal income tax was $300,000. Included in the computation of this $300,000 was the following:
Amortization of cost of acquiring a perpetual dealer’s franchise (Ral paid $48,000 for this franchise on July 1, 2014, and is amortizing it over a 48-month period.)

$6,000
What amount is deductible in Ral’s 2014 return for purchase of the dealer’s franchise?
A $0
B $6,000
C $1,200
D $1,600
A

D $1,600
This answer is correct.
The cost of certain intangibles acquired (not created) in connection with the conduct of a trade or business or income-producing activity is amortized over a 15-year period, beginning with the month in which the intangible is acquired. A franchise is a qualified intangible. Thus, Ral may deduct $1,600 ($48,000 ÷ 15 × 6/12).
View Subunit 6.2 Outline

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15
Q

Which of the following is Sec. 1250 property?

A. Dams.
B. Irrigation system.
C. Land held for investment.
D. Lease on land.

A

D. Lease on land.
Answer (D) is correct.
Land is not Sec. 1250 property, but leases are Sec. 1250 intangible properties. Certain improvements to land may be treated as land, e.g., dams and irrigation systems. Sec. 1250 property includes depreciable real property acquired after 1986.
(6.7.174)

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16
Q

Maria Mordant acquired all of the original stock of The Diamond, Inc., a Sec. 1244 small business, on January 10, Year 1, for $10,000. She contributed another $9,000 to capital before selling all of her stock on June 30, Year 5, for $10,000. How much loss should Maria report on her Year 5 return, and is the loss capital or ordinary?

A. Deduct her $9,000 loss as an ordinary loss.
B. Deduct $3,000 of her loss on Schedule D as a capital loss and carry over the remainder.
C. None of the answers are correct.
D. Deduct $4,737 as ordinary loss and $4,263 as capital loss subject to limitations.

A

D. Deduct $4,737 as ordinary loss and $4,263 as capital loss subject to limitations.
Answer (D) is correct.
If an owner of Sec. 1244 stock invests additional capital but is not issued additional shares of stock, the amount of the additional investment is added to the basis of the originally issued stock, but this subsequent increase to the basis of the originally issued stock does not qualify for ordinary loss treatment. Any resulting loss must then be apportioned between the qualifying Sec. 1244 stock and the nonqualifying additional capital interest. Since the additional capital interest of $9,000 is 9/19 of the total basis of $19,000, the $9,000 loss is apportioned as follows: $4,263 of capital loss (9/19 of $9,000) and $4,737 of qualifying ordinary loss.
(6.3.96)

17
Q

Clark uses a truck in his landscaping business. Clark’s sister Lois is a home decorator who uses a station wagon in her business. On December 27, Year 1, Clark and Lois exchanged vehicles. The fair market value of Clark’s truck was $7,000 with an adjusted basis of $6,000. The fair market value of Lois’s station wagon was $7,200 with an adjusted basis of $1,000. On December 28, Year 2, Clark sold the station wagon to a third party for $7,200. What is the amount of gain, if any, that Clark has to report on his Year 2 return?

A. $1,200
B. $0
C. $1,000
D. $6,200

A

A. $1,200
Answer (A) is correct.
The basis of property acquired in a like-kind exchange is equal to the adjusted basis of property surrendered, decreased by any boot received and increased by any gain recognized or boot given. Since boot is neither given nor received, Clark’s basis in the received property equals the basis of the surrendered property of $6,000. When Clark sells the vehicle, he must report gain of $1,200 ($7,200 sales price – $6,000 basis).
(6.6.148)

18
Q

Sam purchased 100 shares of stock in Year 1 for $2,500. The company had no earnings and profits in Year 2 or Year 3. In Year 3, he received a return of capital distribution on that stock of $2,000, and in Year 4, he received a second return of capital distribution on that stock of $2,000. What amount should he report on his Year 4 tax return?

A. $2,000 as return of capital income.
B. $1,500 as ordinary dividend income.
C. $1,500 as long-term capital gain income.
D. Nothing until the shares are sold.

A

C. $1,500 as long-term capital gain income.
Answer (C) is correct.
A return of capital is a tax-free distribution that reduces a stock’s basis by the amount of the distribution. If a shareholder’s basis is reduced to zero because of a tax-free return of capital, any excess amounts received are treated as a capital gain.
(6.3.92)

19
Q

Which of the following statements regarding the alternative MACRS depreciation system is not true?

A.	The alternative MACRS depreciation system is figured using straight-line method, no salvage value, and the class life of the asset or 12 years if no class life is assigned.
B.	The election to use the alternative MACRS system can be revoked.
C.	Excluding nonresidential real and residential rental property, the election of the alternative MACRS depreciation system for a recovery class of property applies to all property in that recovery class that is placed in service during the tax year of the election.
D.	The election must be made by the due date, including extensions, for the tax return of the year in which the property was placed in service.
A

B. The election to use the alternative MACRS system can be revoked.
Answer (B) is correct.
For personal property acquired after 1986, MACRS uses the 200%-declining-balance method over a prescribed recovery period. The alternative MACRS depreciation system of Sec. 168(g) may be elected in any year for one or more recovery classes of property in lieu of the regular method or the straight-line method of Sec. 168(b)(5). The alternative depreciation system uses the straight-line method over a recovery period established in Sec. 168(g)(2), which is generally longer than that used under regular MACRS. However, this election is irrevocable once made [Sec. 168(g)(7)(B)] and must be made for all assets acquired that year in a particular recovery class of property. Nonresidential real property and residential rental property elections are made on a property-by-property basis.
(6.2.50)

20
Q

Mainstream Company purchased depreciable equipment in 2015 for $523,000 and claimed the maximum Sec. 179 deduction for that year of $500,000. The equipment qualified as 5-year property under MACRS. Mainstream sold all of this equipment on June 30, 2016. The depreciation rates for 5-year property for the first 2 years under MACRS, assuming 200%-declining-balance switching to straight-line, are 20% and 32%, respectively. What is the amount of Mainstream’s MACRS deduction for 2016?

A. $0
B. $7,360
C. $23,000
D. $3,680

A

Answer (D) is correct.
The deduction for MACRS depreciation is calculated using the 200%-declining-balance method for 5-year property. The basis is reduced by $500,000 (the Sec. 179 deduction for 2014). The half-year convention allows one-half year depreciation in the year of acquisition and one-half year depreciation in the year of disposition. Therefore, Mainstream’s 2016 MACRS depreciation is $3,680.
Cost of equipment

$523,000
Less Sec. 179 deduction

(500,000)

Depreciable basis

$ 23,000
Times MACRS percentage

(5-year property, year 2)

× .32

$ 7,360
Times one-half (half-year convention)

× .50

2016 depreciation

$ 3,680

The 2016 depreciation amount can also be determined by using the MACRS tables
(6.2.52)

21
Q

Ms. Orchard purchased a duplex in Year 1. She lived in one unit as her principal residence and rented out the other unit until she sold the duplex in February Year 15 (the current year). In April Year 15, she bought and lived in a small single home. She did not replace the rental property. Her records showed the following:
Duplex
Original cost $100,000
Capital improvements 30,000
Depreciation until date of sale (rental unit only) 40,000
Selling price 250,000
Selling expenses 20,000
What is the amount of gain that Ms. Orchard may exclude in Year 15?

A. $140,000
B. $0
C. $50,000
D. $150,000

A

C. $50,000
Answer (C) is correct.
Since there are two units to the duplex, the calculations must be divided in half between the personal residence and the rental property. Accordingly, the realized gain is $50,000 [($125,000 sales price – $10,000 selling expenses) – ($50,000 cost of residence + $15,000 capital improvements)]. The depreciation does not reduce the basis of the residence portion because it is attributed to the rental unit only. The $50,000 realized gain is excluded because Ms. Orchard owned and occupied the residence for at least 2 years.
(6.6.146)

22
Q

Martha, filing single, purchased her home on July 7, Year 1, and lived in it continuously until its sale on January 7, Year 3, due to a qualified hardship. Her gain on the sale of the home is $300,000. She did not exclude any gain on any other home sale during this time. What is the maximum amount of gain she may exclude on this sale?

A. $187,500
B. $250,000
C. $300,000
D. $125,000

A

A. $187,500
Answer (A) is correct.
An individual may exclude $250,000 ($500,000 for married individuals filing jointly) on the sale of a principal residence, provided (s)he lived there for at least 2 years. Additionally, a pro rata exclusion is available if the sale occurred prior to 2 years, provided the sale was as a result of a qualified hardship, including a change in job locations, health reasons, or other unforeseen circumstances. Therefore, Martha may exclude $187,500 [(18 ÷ 24) × $250,000].
(6.6.151)

23
Q

Gwen owned a duplex and lived in one-half. The other half was rental property. The cost of the property was $80,000, of which $70,000 was allocated to the building and $10,000 to the land. During the current year, the property was condemned by the city. Up to that time, she had allowed/allowable depreciation of $23,000. The city paid Gwen $70,000. She bought another duplex for $85,000. Gwen lived in one-half, and the other half is a rental. What is the basis of the replacement property?

A. $72,000
B. $62,000
C. $67,000
D. $85,000

A

C. $67,000
Answer (C) is correct.
Gwen has two assets, one for rental and one for personal use. Each asset must be computed separately. The basis of the rental building before the sale was $17,000 ($40,000 purchase price – $23,000 depreciation taken). That portion of the building was sold for $35,000, leaving a gain of $18,000. The gain is deferred, leaving a basis for the replacement property of $24,500 ($42,500 – $18,000). The personal-use building has a $5,000 loss ($35,000 selling price – $40,000 basis). That loss is a nondeductible personal loss. The replacement portion has a basis of $42,500, the purchase price. The total basis is $67,000 ($24,500 rental portion + $42,500 personal-use portion).
(6.6.153)

24
Q

Ms. Birch purchased the following stocks:
300 shares of Music Corp. on 1/18/14 for $3,000
200 shares of Play Corp. on 2/11/14 for $2,000
600 shares of Fun Corp. on 4/27/14 for $16,000
100 shares of Book Corp. on 12/19/14 for $8,000
On April 27, 2015, Ms. Birch sold all of the above stock for the following amounts:
Music Corp. $ 5,000
Play Corp. 10,000
Fun Corp. 4,000
Book Corp. 14,000
What are Ms. Birch’s net long-term capital gains or losses (LTCG/LTCL) and short-term capital gains or losses (STCG/STCL) on the above transactions?

A. None of the answers are correct.
B. LTCG, $16,000; STCL, $12,000.
C. LTCG, $10,000; STCL, $6,000.
D. LTCL, $2,000; STCG, $6,000.

A

C. LTCG, $10,000; STCL, $6,000
Answer (C) is correct.
For property acquired after 1988, long-term capital gain or loss is the gain or loss from the sale or exchange of a capital asset held for more than 1 year. If the capital gain or loss is not long-term, it is short-term. The holding period of an asset begins on the day after acquisition and includes the disposal date.

A net long-term capital gain is the excess of long-term capital gains over long-term capital losses. The two long-term transactions (Music Corp. and Play Corp.) resulted in a net long-term capital gain of $10,000.

A net short-term capital gain is the excess of short-term capital gains over short-term capital losses. There were two short-term transactions (Fun Corp. and Book Corp.), resulting in a net short-term capital loss of $6,000.
(6.3.93)

25
Q

Powerful Partnership purchased real property in Year 1. In Year 4, the city where the property is located assessed taxes for sidewalks. How should Powerful Partnership treat the accrued taxes for this local improvement?

A. Capitalize the taxes by adding them to the property’s adjusted basis.
B. The taxes are neither deductible nor capitalizable.
C. Deduct the taxes as tax expense in the year that they are paid.
D. Deduct the taxes as tax expense in Year 4.

A

A. Capitalize the taxes by adding them to the property’s adjusted basis.
Answer (A) is correct.
Taxes assessed for local benefit that tend to increase the value of real property, such as sidewalks, are a betterment and are added to the property’s adjusted basis and are not currently deductible as tax expense.
(6.1.33)

26
Q

Benson exchanged a van used exclusively for business and with an adjusted basis of $100,000 for a new van with a fair market value of $120,000 and received $5,000 in cash. What amount of gain did Benson recognize from the transaction?

A. $20,000
B. $25,000
C. $0
D. $5,000

A

Answer (D) is correct.
Gain is recognized on a like-kind exchange equal to the lesser of gain realized or boot received. Gain realized is $25,000 ($120,000 FMV of the new van + $5,000 cash – adjusted basis of the van given up). Boot received is the $5,000 cash. Therefore, the recognized gain is $5,000.
(6.6.159)

27
Q

Justin Justice owns 55% of the outstanding stock of Rego Corporation. During the current year, Rego sold a trailer to Justin for $10,000. The trailer had an adjusted tax basis of $12,000 and had been owned by Rego for 3 years. In its current-year income tax return, what is the allowable loss that Rego can claim on the sale of this trailer?

A. $0.
B. $2,000 ordinary loss.
C. $2,000 Sec. 1231 loss.
D. $2,000 Sec. 1245 loss.

A

A. $0.
Answer (A) is correct.
Rego realized a $2,000 loss ($10,000 realized – $12,000 adjusted basis). A loss from the sale or exchange of property between related parties is not deductible. Related parties include a corporation and an individual who owns more than 50% of the stock. Since Justin owns more than 50% of the Rego stock, the loss is not deductible.
(6.4.124)

28
Q

Ms. Orchard purchased a duplex in Year 1. She lived in one unit as her principal residence and rented out the other unit until she sold the duplex in February Year 15 (the current year). In April Year 15, she bought and lived in a small single home. She did not replace the rental property. Her records showed the following:
Duplex
Original cost $100,000
Capital improvements 30,000
Depreciation until date of sale (rental unit only) 40,000
Selling price 250,000
Selling expenses 20,000
What is the amount of gain that Ms. Orchard may exclude in Year 15?

A. $140,000
B. $0
C. $50,000
D. $150,000

A

C. $50,000
Answer (C) is correct.
Since there are two units to the duplex, the calculations must be divided in half between the personal residence and the rental property. Accordingly, the realized gain is $50,000 [($125,000 sales price – $10,000 selling expenses) – ($50,000 cost of residence + $15,000 capital improvements)]. The depreciation does not reduce the basis of the residence portion because it is attributed to the rental unit only. The $50,000 realized gain is excluded because Ms. Orchard owned and occupied the residence for at least 2 years.
(6.6.146)

29
Q

Most tangible depreciable property falls within the general rule of MACRS. However, the law requires use of the ADS for certain property. ADS must be used for all of the following except

A. Tax-exempt bond-financed property.
B. Tangible property used predominantly outside the United States during the year.
C. Tangible property leased to a person who owned or used the property in 2015.
D. Tax-exempt use property.

A

C. Tangible property leased to a person who owned or used the property in 2015.
Answer (C) is correct.
MACRS provides two systems for depreciating property placed in service after 1986: the general depreciation system (GDS) and the alternative depreciation system. Although GDS is used for most property, ADS is required by law for any tangible property used predominantly outside the United States, any tax-exempt use property, and any tax-exempt bond-financed property.
(6.2.57)

30
Q

Mr. Anderson, a sole proprietor, purchased $12,000 worth of office equipment and furniture in 2015 for use in his business. He elected to take the maximum Sec. 179 deduction. What is Mr. Anderson’s basis for the MACRS computation?

A. $7,000
B. $2,000
C. $12,000
D. $0

A

D. $0
Answer (D) is correct.
The original cost of an asset must be reduced for any Sec. 179 expense up to $500,000 in 2015. Since Mr. Anderson took the Sec. 179 expense deduction of $12,000 in 2015, he must reduce the cost of his property. Mr. Anderson’s depreciable basis is
Original cost

$12,000
Less Sec. 179 deduction

(12,000)

Depreciable basis

$ 0
(6.2.46)

31
Q

David sells depreciable real property held for more than 12 months in Year 1. It is his only capital transaction for the year, and he has no capital loss carryovers to Year 1. He has a net capital gain of $100,000 from the sale, $80,000 of which is attributed to prior depreciation deductions not recaptured as ordinary income. David is in the 35% income tax bracket. What is(are) the appropriate basket(s) for the net capital gain in Year 1?

A. $100,000 – 25% basket.
B. $100,000 – 15% basket.
C. $80,000 – 25% basket, $20,000 – 15% basket.
D. $80,000 – 25% basket, $20,000 – 28% basket.

A

C. $80,000 – 25% basket, $20,000 – 15% basket.
Answer (C) is correct.
The 25% rate basket consists of unrecaptured Sec. 1250 gain. (There are no losses in this basket.) Unrecaptured Sec. 1250 gain is long-term capital gain, not otherwise recaptured as ordinary income, attributed to prior depreciation of real property and is from property held for more than 12 months. Accordingly, the $80,000 gain due to prior depreciation deductions is properly contained in the 25% rate basket. Since David is in the maximum income tax bracket and the property was held over 12 months, the remaining $20,000 gain belongs in the 15% rate basket.
(6.3.105)

32
Q
Lewis Brown bought four lots of land for $100,000. On the date of purchase, the lots had the following fair market values:
Lot #1 $25,000
Lot #2 $31,250
Lot #3 $20,625
Lot #4 $48,125
What is the basis to Lewis of Lot #3?

A. $31,250
B. $25,000
C. $20,625
D. $16,500

A

D. $16,500
Answer (D) is correct.
When more than one asset is purchased for a lump sum, the basis of each is computed by apportioning the total cost based on the relative FMV of each asset. Lot #3 has a FMV that is 16.5% of the FMV of all of the lots purchased [$20,625 ÷ ($25,000 + $31,250 + $20,625 + $48,125)]. Thus, the basis of Lot #3 is $16,500 ($100,000 × 16.5%).
(6.1.11)

33
Q

Which of the following items qualifies for treatment under Section 1231 (Property Used in the Trade or Business and Involuntary Conversions)?

A. Machinery used in the business, held for 11 months.
B. Building used in the business, held for 6 months.
C. Copyright used in the business, held for 10 years.
D. Computer used in the business, held for 4 years.

A

D. Computer used in the business, held for 4 years.
Answer (D) is correct.
Sec. 1231 property is property held for more than 1 year and includes all real or depreciable property used in a trade or business. A computer used in the business that was held for 4 years meets this definition.
(6.7.178)

34
Q

Mr. Wolf purchased a building in Year 1 to use in his business. The purchase price was $400,000. He paid $100,000 cash and took out a mortgage of $300,000. In Year 11, he made certain permanent improvements to the building at a cost of $80,000. In Year 20, Mr. Wolf sold the building for $600,000 in cash and relief from the remaining mortgage balance of $100,000. By the time of sale, Mr. Wolf had repaid a total of $200,000 principal on the original $300,000 mortgage and had deducted $180,000 total depreciation on the original cost and improvements. What is Mr. Wolf’s realized gain on the sale?

A. $700,000
B. $400,000
C. $200,000
D. $480,000

A

B. $400,000
Answer (B) is correct.
The amount of the realized gain is the amount realized less the adjusted basis. Mr. Wolf realized $700,000 ($600,000 cash + $100,000 debt relief) from the sale of the building. His basis in the building was $300,000 ($400,000 purchase price + $80,000 capital improvements – $180,000 depreciation). His realized gain is therefore $400,000 ($700,000 amount realized – $300,000 adjusted basis).
(6.3.90)

35
Q

In Year 1, Paul received a boat as a gift from his father. At the time of the gift, the boat had a fair market value of $60,000 and an adjusted basis of $80,000 to Paul’s father. After Paul received the boat, nothing occurred affecting Paul’s basis in the boat. In Year 3, Paul sold the boat for $75,000. What is the amount and character of Paul’s gain?

A. Neither a gain nor a loss.
B. Long-term capital gain of $15,000.
C. Ordinary income of $15,000.
D. Long-term capital loss of $5,000.

A

A. Neither a gain nor a loss.
Answer (A) is correct.
For determining gain on the sale of property acquired by gift, the basis is the donor’s adjusted basis. Paul’s sale results in no gain ($75,000 sales price – $80,000 basis). For determining loss on the sale of property acquired by gift, the basis may not exceed the fair market value of the property at the date of the gift. Hence, there is no loss ($75,000 sales price – $60,000 basis).
(6.1.18)

36
Q

The basis of property received in exchange for service is determined by which of the following?

A. The value of the services rendered.
B. None of the answers are correct.
C. The basis of the property received.
D. The fair market value of the property received.

A

D. The fair market value of the property received.
Answer (D) is correct.
The receipt of property for services provided is a taxable transaction. Accordingly, the fair market value of the property must be included in gross income as compensation, and the basis of the property will be its fair market value.
(6.1.19)

37
Q

Mr. Pine purchased a small office building. Included in his costs were the following:
Cash down payment $ 50,000
Mortgage on property assumed 300,000
Title insurance 2,000
Fire insurance premiums 2,000
Attorney fees 1,000
Rent to former owner to allow Mr. Pine to occupy the office building prior to closing 4,000
What is Mr. Pine’s basis in the property?

A. $350,000
B. $359,000
C. $355,000
D. $353,000

A

D. $353,000
Answer (D) is correct.
The basis of property is its original cost. The cost of property includes debt to which the property is subject (Crane, 331 U.S. 1, 1947). Further, the cost of property includes necessary expenses paid in connection with the acquisition of the property. The attorney fees and title insurance are included in the cost of the property. The fire insurance premiums and rent expense, however, are not paid in connection with the acquisition of the property. Thus, the basis is $353,000 ($50,000 cash payment + $300,000 mortgage assumed + $2,000 title insurance + $1,000 attorney fees).
(6.1.12)

38
Q

Bennet Hanover purchased a tract of land for $20,000 in Year 1 when he heard that a new highway was going to be constructed through the property and that the land would soon be worth $200,000. Highway engineers surveyed the property and indicated that he would probably get $175,000. The highway project was abandoned in Year 3 and the value of the land fell to $15,000. Even though there has been no sale, Hanover can claim a loss in Year 3 of

A. $180,000
B. $5,000
C. $160,000
D. $0

A

D. $0
Answer (D) is correct.
The IRC allows a deduction for uncompensated losses sustained during the taxable year. Since Hanover has not sold, exchanged, or otherwise disposed of the land, he has not realized a loss. Therefore, he cannot claim any loss in Year 3. When the land is sold or exchanged, his realized loss or gain will be equal to the amount realized minus his adjusted basis.
(6.3.87)

39
Q

If 100 shares of stock are purchased February 14, Year 1, what is the earliest date on which the stock can be sold and the gain or loss qualify for the long-term holding period?

A. February 14, Year 2.
B. February 15, Year 2.
C. August 15, Year 2.
D. August 14, Year 2.

A

B. February 15, Year 2.
Answer (B) is correct.
The holding period of an asset for purposes of long-term gain treatment is more than 1 year beginning on the day after acquisition but including the day of disposition.
(6.3.97)