Tax Chapters 6-9 Flashcards

1
Q

What are the 3 categories of deductions?

A

Expenses incurred in connection with a trade or business

Expenses incurred by an individual in connection with the production of income

Other types of expenses that are specifically deductible under the internal revenue code

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2
Q

Section 212 allows individuals to deduct expenses that the individual incurs for what 3 purposes?

A

Production of income
Management of property held for income
Tax preparation

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3
Q

Personal expenses are generally deducted for or from AGI?

A

From AGI

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4
Q

Business expenses are generally deducted for or from AGI?

A

For AGI

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5
Q

What are the 6 requirements that must be met to deduct business or investment expenses?

A
Related to a profit-motivated activity
Ordinary
Necessary
Reasonable
Properly documented
An expense of the taxpayer (not someone else)
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6
Q

What are the 4 business or investment expenditures that a taxpayer cannot deduct?

A

Capital expenditures
Expenditures related to tax-exempt income
Illegal expenditures
Expenditures specifically disallowed by the tax law

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7
Q

What is the tax treatment of an expense that is in connection with the purchase of an asset?

A

Capitalize the expense as part of the asset

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8
Q

An expense that is customary in a particular business is known as an ____ expense.

A

Ordinary

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9
Q

An expense that is appropriate and helpful to the taxpayer’s business is known as a ___ expense.

A

Necessary

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10
Q

An expense that is reasonable in amount is known as a ____ expense.

A

Reasonable

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11
Q

If the taxpayer’s mortgage is being paid by his or her parents, who gets the deduction for mortgage interest?

A

The parents

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12
Q

When should an asset be capitalized?

A

When it benefits a period beyond the next tax year

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13
Q

If a taxpayer incurs interest in order to purchase tax-exempt securities, is this interest deductible?

A

No

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14
Q

How much of a taxpayer’s business start-up expenditures (under $50,000) may her or she currently deduct?

A

$5,000

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15
Q

What is the phase-out amount for business start-up expenditures?

A

For every dollar spent from $50,000-$55,000, the amount of currently deductible expense is reduced by $1.

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16
Q

What happens to business start-up expenses that are not currently deductible?

A

They are amortized for 180 months beginning the month the business opens

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17
Q

If a business owner opens a new branch of his business, what is the tax treatment for the start-up expenses for the new branch?

A

They are fully deductible in the current year

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18
Q

If a taxpayer incurs start-up expenses for a new business, but does not enter the business, what is the tax treatment for these expenses?

A

They are not deductible

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19
Q

When are expenses generally deductible under the cash method?

A

When paid

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20
Q

When is a credit card charge deductible for a cash method taxpayer?

A

When the charge is made

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21
Q

If goods are purchased on an open account with a vendor, when is the expense for these goods deductible?

A

When the invoice is paid

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22
Q

What is the tax treatment of deductible prepaid expenses?

A

They are capitalized and amortized over their useful lives

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23
Q

What are the 2 conditions required for a prepaid expense be currently deductible?

A

If the prepayment is required by a contract and the period benefitted is not longer than a year.

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24
Q

What sort of prepaid interest is currently deductible?

A

Points paid on a loan for the acquisition or improvement of a principal residence.

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25
Q

Are points paid in connection with a mortgage refinance currently deductible?

A

No

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26
Q

When a taxpayer is provided with property or services, when is the expense deductible under the accrual method?

A

When the taxpayer receives the property or services

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27
Q

When a taxpayer uses up property, when is the expense deductible under the accrual method?

A

As the taxpayer uses the property

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28
Q

When a taxpayer owes services or property to another person, when is the amount deductible under the accrual method?

A

When the taxpayer provides the property or services

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29
Q

When is the all-events test satisfied?

A

When the liability is established

When the amount of the liability is determined

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30
Q

When does the “Wash Sale Rule” apply?

A

When stock is sold at the end of the year, and nearly identical stock is purchased within 61 days

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31
Q

If stock is sold at the end of the year for $9,000 and repurchased within 61 days for $1,000, what is the tax treatment? (Gain or loss? Adjustments to basis?)

A

No recognized loss. The basis is adjusted to $10,000.

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32
Q

What are the 2 main types of related parties?

A

Family members

Individuals who own over 50% of a company’s stock

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33
Q

Stock owned by and individuals’ family is treated as though it is owned by ______.

A

The individual

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34
Q

If a taxpayer sells property to a related party at a loss, what is the tax treatment of the loss?

A

The loss is disallowed

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35
Q

When a taxpayer purchases property from a related party, what is the taxpayer’s basis in the property?

A

The amount paid

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36
Q

If a taxpayer sells property to a related party at a loss, and the related party later sells the property at a gain, what is the tax treatment of the previously unrecognized loss?

A

The amount of the gain is reduced by the original unrecognized loss

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37
Q

If a taxpayer sells property to a related party at a loss, and the related party later sells the property at a loss, what is the tax treatment of the previously unrecognized loss?

A

It remains unrecognized

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38
Q

When can an accrual method taxpayer take a deduction for money they owe to a cash method related party?

A

When the cash method related party recognizes the income

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39
Q

What is a hobby?

A

An activity not engaged in for profit

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40
Q

How may a taxpayer establish that an activity is not a hobby?

A

With a business plan

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41
Q

How often must an activity generate a profit for it to be considered a business rather than a hobby?

A

3 out of 5 years

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42
Q

In what order do hobby expenses or vacation home expenses offset gross income?

A
  1. Property Taxes & Interest
  2. Everything else except depreciation
  3. Depreciation
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43
Q

What is the maximum amount a taxpayer can deduct for hobby losses?

A

Up to the amount of the income produced by the hobby

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44
Q

To what extent may miscellaneous itemized deductions be deductible, in regards to AGI?

A

Only when they exceed 2% of AGI

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45
Q

What is the tax treatment of hobby losses in excess of hobby income?

A

They are not deductible and not carried over

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46
Q

If depreciation for a hobby loss cannot be deducted, is the basis for the asset still adjusted by the amount of the depreciation?

A

No

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47
Q

If a dwelling unit is used by the taxpayer for at least 14 days and rented out for 14 days or less, is this a residence, rental property, or a combination?

A

Residence

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48
Q

If a dwelling unit is used by the taxpayer for 14 days or less and rented out the rest of the time it is in use, is this a residence, rental property, or a combination?

A

Rental property

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49
Q

If a dwelling unit is used by the taxpayer for over 14 days and rented out for over 14 days, is this a residence, rental property, or a combination?

A

Combination

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50
Q

If a dwelling unit is used by the taxpayer for more than 10% of the total time it is in use, and rented out for 14 days or less, is this a residence, rental property, or a combination?

A

Residence

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51
Q

If a dwelling unit is used by the taxpayer for less than 10% of the total time it is in use and rented out for the rest of the time it is in use, is this a residence, rental property, or a combination?

A

Rental property

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52
Q

If a dwelling unit is used by the taxpayer for over 10% of the total time it is in use, and rented out for at least 14 days, is this a residence, rental property, or a combination?

A

Combination

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53
Q

If a dwelling unit is a combination property, what is the limit of the deductions?

A

The gross income from the property

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54
Q

Under what 3 conditions is a dwelling unit considered to be used for the taxpayer’s personal purposes?

A

If the taxpayer uses the property
If the taxpayer’s family uses the property
If the property is rented for less than fair value

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55
Q

What is the allocation formula used to allocate expenses between the personal use and rental use of a property?

A

(Number of rental days / Total days) x total expenses

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56
Q

When calculating the allocation of interest and property taxes between personal use and rental use of a property, what is considered “total days” in the allocation formula?

A

365

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57
Q

When calculating the allocation of expenses (other than interest and taxes) between personal use and rental use of a property, what is considered “total days” in the allocation formula?

A

The number of days the property was in use

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58
Q

Personal expenses allowed to be deducted by a provision in the law are ____.

A

Itemized deductions

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59
Q

What are the 6 categories of itemized deductions?

A
Medical expenses
Taxes
Interest
Charitable contributions
Casualty/Theft losses
Miscellaneous deductions
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60
Q

To deduct medical expenses, taxpayers must pay the expenses on behalf of who?

A

Themselves
Spouse
Children

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61
Q

Is over-the-counter medication a deductible medical expense?

A

No

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62
Q

Is prescription medication a deductible medical expense?

A

Yes

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63
Q

Is cosmetic surgery a deductible medical expense?

A

No

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64
Q

What is the per mile deduction for transportation essential to medical care?

A

24 cents

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65
Q

What percentage of meal expenses are deductible en route to a medical facility?

A

50%

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66
Q

What is the limit for deductible lodging expenses when the lodging is required in order for the taxpayer to receive medical care?

A

$50 per night

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67
Q

If an asset is acquired for the sole purpose of helping a sick or handicapped person, and the asset cannot be used for any other purpose, how much of that expense can be deducted?

A

All of it

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68
Q

If an asset is acquired to provide medical care for a sick or handicapped person, but the asset also permanently improves the taxpayer’s residence (such as a swimming pool), how much of that expense can be deducted?

A

The amount in which the cost of the improvement exceeds the increase in the residence’s FMV

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69
Q

If structural barriers in the home of a physically disabled individual are removed, how much of that expense can be deducted?

A

All of it

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70
Q

What threshold must be met in order for the taxpayer’s medical expenses to be deductible?

A

The medical expenses must exceed 10% of AGI (the first 10% is not deductible)

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71
Q

A mandatory assessment for the purpose of raising revenue for public or government purposes is called a ___.

A

Tax

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72
Q

A mandatory assessment for the purpose of providing privileges or services is called a ___.

A

Fee

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73
Q

When are refunds of state income tax not added to the taxpayer’s AGI?

A

When the taxpayer takes the standard deduction in the previous year

74
Q

A taxpayer may elect to either deduct state and local income taxes, or ____.

A

State and local sales taxes

75
Q

What are the 2 requirements that need to be met in order for a personal property tax to be deductible?

A

The tax must be imposed annually

The tax must be based on the value of the property

76
Q

Is a vehicle license fee deductible?

A

Yes

77
Q

If real estate is sold, what is the treatment of the property tax deduction?

A

It is allocated between the seller and purchaser based on how long each of them own the property

78
Q

How is the deductibility of interest generally determined?

A

By the use of the loan proceeds

79
Q

What are the 6 categories of interest?

A
Interest incurred in an active trade or business
Interest incurred in a passive activity
Student loan interest
Investment interest
Qualified residence interest
Personal interest
80
Q

Which categories of interest are deductible FOR AGI?

A

Interest incurred in an active trade or business
Interest incurred in a passive activity
Student loan interest

81
Q

Which categories of interest are deductible FROM AGI?

A

Investment interest

Qualified residence interest

82
Q

Which category of interest is not deductible?

A

Personal interest

83
Q

What is the limit on interest incurred in an active trade or business?

A

No limit

84
Q

What is the limit on interest incurred in a passive activity?

A

It may only be deducted against the passive activity income

85
Q

What is the limit on investment interest?

A

Net investment income

86
Q

What is net investment income

A

The excess of investment income over investment expenses

87
Q

If an investment interest deduction is limited, what happens to the excess?

A

It is carried over

88
Q

What are the 5 sources of investment income?

A
Dividends
Interest
Annuities
Net short term capital gains
Royalties
89
Q

Are qualified dividends a form of investment income?

A

No, they are net long term capital gains

90
Q

When is acquisition indebtedness incurred?

A

When a qualified residence is acquired or improved

91
Q

When is home equity indebtedness incurred?

A

When a loan is secured by a qualified residence and the proceeds are used for anything other than improving the residence

92
Q

What is the limitation (per taxpayer) on total deductible acquisition indebtedness?

A

$1,000,000

93
Q

What is the limitation (per taxpayer) on total deductible home equity indebtedness?

A

The lesser of $100,000 or the FMV in excess of acquisition indebtedness

94
Q

What is any qualified residence indebtedness that exceeds $1,100,000?

A

Personal indebtedness, not deductible

95
Q

How many qualified residences may a taxpayer have?

A

2

96
Q

For a second residence to be considered a qualified residence, for how many days must the taxpayer use it?

A

the greater of 14 days or 10% of the total time it is used

97
Q

What is the maximum annual interest deduction for student loans?

A

$2,500

98
Q

At what range of AGI is the deductibility of student loan interest either partially or fully phased out for a single taxpayer?

A

$60,000-$75,000

99
Q

At what range of AGI is the deductibility of student loan interest either partially or fully phased out for a married (filing jointly) taxpayer?

A

$125,000-$155,000

100
Q

How is the phase-out rate for student loan interest calculated for a single taxpayer?

A

The amount by which the taxpayer’s income exceeds $60,000 divided by $15,000

101
Q

How is the phase-out rate for student loan interest calculated for a married (filing jointly) taxpayer?

A

The amount by which the taxpayer’s income exceeds $125,000 divided by $30,000

102
Q

What 2 questions need to be answered to determine the deductibility of a charitable contribution?

A

Is the charity a qualified organization?

What type of property is donated?

103
Q

What are the 2 types of property that can be donated to a charity?

A
Long-term capital gain property
Ordinary property (everything else)
104
Q

What are the 2 possible values of a contribution?

A

Fair market value

Fair market value minus gain, if any

105
Q

What is the most common long-term capital gain property donated to charity?

A

Stock

106
Q

In general, what is the value of a contribution of long-term capital gain property?

A

Fair market value

107
Q

In what 3 situations is gain (if any) subtracted when valuing a contribution of long-term capital gain property?

A

Contributions to private non operating foundations
Contributions of unrelated use property
Contributions of certain intangibles

108
Q

What is the most common type of unrelated use property donated to charity?

A

Collectibles

109
Q

When is a charitable contribution considered an unrelated use property?

A

When it is not used by the charity for the charity’s tax-exempt purpose

110
Q

What is the value of ordinary property contributed to charity?

A

Fair market value minus gain (if any)

111
Q

What may a taxpayer deduct when he or she donates services to a charity?

A

Unreimbursed expenses

112
Q

If a long-term capital gain property is donated to charity, what is the AGI limit for the contribution?

A

30% of AGI

113
Q

What is the tax treatment of money or property donated to a charity that exceeds the taxpayer’s AGI limit?

A

The excess is carried forward for up to 5 years

114
Q

If ordinary property is donated to charity, what is the AGI limit for the contribution?

A

50% of AGI

115
Q

If cash is donated to charity, what is the AGI limit for the contribution?

A

50% of AGI

116
Q

What 2 conditions must a loss meet for it to be deductible?

A

It must be realized and recognized

117
Q

What are the 3 main requirements for a stock to be Section 1244 stock?

A

It must have been originally acquired in exchange for cash or property

It must be stock in a small business

It must be stock in an active business

118
Q

What is the character of Section 1244 stock losses?

A

Up to $50,000 - Ordinary
Over $50,000 - Long-term capital losses

(doubled for married filing jointly)

119
Q

What is limit on currently deductible passive activity losses?

A

The amount of passive activity income

120
Q

What is the tax treatment of the disposition of a passive activity with suspended losses?

A

The losses may be used to offset other income after they are used against passive activity income.

121
Q

What is the tax treatment of losses from an active activity that used to be passive?

A

The losses may be used to offset active business income after they are used to offset current year income from the same activity.

122
Q

What is a passive activity?

A

A trade or business in which the taxpayer does not materially participate (or a rental real estate activity).

123
Q

How may a taxpayer group activities?

A

The taxpayer may group them however he or she wants to, but the decision is permanent.

124
Q

What is material participation in an activity?

A

Participation on a regular, continuous, and substantial basis

125
Q

What are the 2 requirements for a taxpayer to deduct losses from rental real estate from other income?

A

The taxpayer must actively participate

The taxpayer must own at least 10%

126
Q

How high is the threshold for a taxpayer to be considered an “active participant” in a rental real estate activity?

A

Very low

127
Q

What can a taxpayer do with excess losses from a rental real estate activity, after they are used to offset passive activity income?

A

Other income may be offset up to $25,000 (minus 50% of AGI in excess of $100,000)

128
Q

What is a suspended loss?

A

A passive activity loss that has been carried over from a previous year

129
Q

What type of event is considered a casualty?

A

Sudden, unexpected, unusual

130
Q

How is the amount of a casualty loss determined?

A

The lesser of the decline in fair market value or the taxpayer’s adjusted basis (minus insurance proceeds)

131
Q

How much of a casualty loss is deductible?

A

The amount of the loss minus $100 minus 10% of AGI

132
Q

What are the 2 major requirements for a bad debt to be deductible?

A

It must be a bona fide debt

The taxpayer must have basis in the debt

133
Q

In general, can a cash method taxpayer claim a deduction for a bad debt?

A

No

134
Q

Under what circumstance can an accrual method taxpayer claim a deduction for a bad debt?

A

If the goods or services have already been provided and the amount billed for them was included in the taxpayer’s income

135
Q

What is the difference in accounting for bad debts between GAAP and tax?

A

GAAP uses an allowance method

Tax uses a direct write-off method

136
Q

For a business bad debt, does the debt need to be completely worthless or only partially worthless to get the deduction?

A

Partially worthless

137
Q

For a non business bad debt, does the debt need to be completely worthless or only partially worthless to get the deduction?

A

Completely worthless

138
Q

What is the character of a nonbusiness bad debt?

A

Short term capital loss

139
Q

When does a Net Operating Loss occur?

A

When business expenses exceed business income

140
Q

Are salary and wages included when determining the amount of business income involved in computing a Net Operating Loss?

A

Yes

141
Q

What is the best indicator of a net operating loss?

A

A negative AGI

142
Q

What is the tax treatment of a net operating loss?

A

The loss is carried back 2 years, then carried forward 20 years

143
Q

What are the 2 classifications of employee expenses?

A

Reimbursed and unreimbursed

144
Q

Are reimbursed employee expenses deductions for or from AGI?

A

For AGI

145
Q

Are unreimbursed employee expenses deductions for or from AGI?

A

from AGI

146
Q

What is the limit on unreimbursed employee expenses?

A

A nondeductible floor of 2% of AGI

147
Q

What is “travel”?

A

Being away from home overnight

148
Q

Where is the taxpayer’s home?

A

The location of his or her principal place of employment

149
Q

If a taxpayer expects to be away from home for work for under a year, is this considered temporary or indefinite travel?

A

Temporary

150
Q

If a taxpayer expects to be away from home for over a year, but ends up being away from home for under a year, is this considered temporary or indefinite travel?

A

Indefinite

151
Q

If a taxpayer expects to be away from home for under a year, but after several months, learns he or she will be away from home for over a year, is this considered temporary or indefinite travel?

A

The point up until the change of plans is considered temporary, and the remainder is considered indefinite

152
Q

Are temporary business travel expenses deductible?

A

Yes

153
Q

Are indefinite business travel expenses deductible?

A

No

154
Q

What are the 2 ways to calculate business-related automobile expenses?

A
  1. Actual expenses

2. Standard mileage rate plus parking and tolls

155
Q

What percentage of business meals and entertainment are deductible?

A

50%

156
Q

What are the 2 criteria for determining if meals and entertainment expenses are deductible?

A

If they are directly related to or associated with business.

157
Q

If a meal or entertainment directly follows a business meeting, is it deductible, even if no business is discussed?

A

Yes

158
Q

Are meals and entertainment in which no business is discussed deductible if they foster goodwill?

A

No

159
Q

Are Chamber of Commerce dues deductible?

A

Yes

160
Q

Are Country Club dues deductible if the club is used exclusively for business?

A

No

161
Q

What is the limitation for business gifts to be deductible?

A

Under $25

162
Q

When are moving expenses deductible?

A

When the taxpayer has a new job in which the commute is extended by at least 50 miles from his or her previous residence.

163
Q

For how long must an employee work at a new job in a new location in order for his or her moving expenses to be deductible?

A

Full time for 39 weeks out of the 12 months following the move

164
Q

Are deductible moving expenses deductions for or from AGI?

A

For AGI

165
Q

What is the main requirement for a home office to be tax deductible?

A

It must be exclusively used for business on a regular basis.

166
Q

What 3 ways can a home office be deductible if it is exclusively used for business?

A

If it is the principal place of business
If it is where the taxpayer meets with clients
If it is a separate structure from the home

167
Q

When can an employee deduct home office expenses?

A

When the home office is for the convenience of the employer

168
Q

What 2 criteria must be met for a home office to be considered a principal place of business?

A

It must be used for administrative or management activities

There must be no other fixed location for administrative or management activities to be done

169
Q

What is the cap on home office expense deductions?

A

The income from the activity that remains after direct expenses are subtracted

170
Q

What happens to deductible home office expenses that exceed the cap?

A

They are carried over

171
Q

Are the contributions to a traditional IRA deductible?

A

Yes

172
Q

Are the distributions from a traditional IRA tax-free?

A

No

173
Q

What 2 requirements must be met for a contribution to a traditional IRA to be deductible?

A

It must be $5,500 or less (per spouse)

It must come out of earned income

174
Q

What is the effect on the deductibility of traditional IRA contributions if the taxpayer is an active participant in an employee-sponsored retirement plan?

A

There is an AGI phaseout

175
Q

Are contributions to a traditional IRA deductions for or from AGI?

A

For AGI

176
Q

What is the character of withdrawals from a traditional IRA?

A

Ordinary income

177
Q

Are contributions to a Roth IRA deductible?

A

No

178
Q

Are withdrawals from a Roth IRA tax-free?

A

Yes

179
Q

How much may a taxpayer contribute to a Roth IRA each year?

A

$5,500 per spouse

180
Q

Is there any penalty for withdrawing contributions to a Roth IRA before 5 years have elapsed?

A

No

181
Q

Is there any penalty for withdrawing earnings from a Roth IRA before 5 years have elapsed?

A

Yes. a 10% penalty.

182
Q

When are the withdrawals of earnings from a Roth IRA taxable?

A

When they are non-qualifying withdrawals