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Question: What is income in respect of a


What is income in respect of a decedent, and how is it taxed?


> Claiborne, Inc. has received an offer to purchase its manufacturing facilities for $7,500,000. If sold, it would have a gain of $5,000,000 on the property. Claiborne has found an ideal location for a new facility, but the only available property is three

> The Timmins Corporation has three acres of land on which its warehouse and offices are located. The state condemned two acres of the land for an extension of a highway frontage road. The strip that was condemned took the warehouse and parking area, leavi

> Karen purchased her personal auto two years ago from a local new car dealer. Since purchasing the car, she took it into the dealer for major warranty repairs five different times and minor repairs a total of fourteen times. She is so unhappy with the car

> The Westlawn Corporation is located in a flood plain. Twelve years ago, its offices were flooded when the nearby river overflowed. Six years ago, the area received 12 inches of rain in a sixhour period, the river overflowed, and the offices flooded again

> Seth and Jacob are brothers who own all of Marboro Corporation’s 2,000 shares of outstanding common stock. Seth owns 1,100 shares to Jacob’s 900 shares, and this has caused many problems over the years. They have not spoken to each other except through t

> Kwan Lu bought 100 shares of Duchco stock on July 25, year 3, for $1,000. The company declared bankruptcy on July 8 of year 5, and his stock became worthless.

> Geralyn and Marco sold their home and moved into a smaller home. They used their Section 121 election to exclude their $20,000 gain on the sale of the larger home. Six months after they moved into the smaller home, Geralyn died. Two months later Marco ha

> Martco, a manufacturer and seller of eyeglasses and contact lenses, purchased all the stock of Fetco, a manufacturer of hearing aids. Management of Martco quickly had second thoughts about keeping Fetco in business and liquidated the company. Martco was

> What is an installment sale? If a transaction qualifies for installment sale treatment, when will the taxpayer be taxed on the sale? What does a taxpayer do if the taxpayer does not want to use the installment method?

> The Gallagher Farms has been in business for a number of years. During the peak planting and harvesting season, it hired a number of temporary workers. To house the temporary workers, it built three buildings that were essentially dormitories that had ba

> Monicon Corporation purchased a $24,000 computer in 2014 and elected to expense it under Section 179. In 2017, the IRS audited Monicon and determined that its taxable income was incorrectly calculated and was only $20,000 before considering Section 179 e

> Marble Corporation purchased 300-year-old marble statutes that it displays in the entrance hall of its main office building.

> Demark Corporation took delivery of a new machine on December 31, 2017. Due to the high number of employees out for the holidays, the machine was not set up for use until January 3, 2018.

> James Corporation had a net operating loss of $30,000 before claiming any depreciation deductions. James purchased $26,000 in equipment in 2017 but claimed no depreciation on its 2017 tax return.

> How do you think assets that are acquired and disposed of in the same tax year are handled for depreciation purposes?

> Compare the treatment of distributions of depreciated and appreciated property by an S corporation to that of a partnership.

> Why do you think Congress passed the law that allows an LLC to elect to be treated as a corporation or a partnership?

> Joan is 15 and a dependent on her parents’ return. If she has $4,400 income from her trust fund this year, how much income tax will she pay if her parents have $150,000 of taxable income?

> George transfers investment securities worth $200,000 with a tax basis of $130,000 to a trust, naming himself as trustee. The terms of the trust agreement require the trustee to pay all dividends and interest to George’s brother, Mark. George has the rig

> On May 10 of the current year, Claire purchased 1,000 shares of ABCO stock for $10 per share because she believed the price had hit bottom. She did not know that her broker had sold 500 shares that he held in her brokerage account at $18 per share on Apr

> Determine whether each of the following situations involves the transfer of a present interest or a future interest. a. A trust is established for the donor’s 8-year-old daughter. The trustee can decide how much income to pay the daughter each year. At

> Moe, Larry, and Curly form a partnership with each partner having an equal share in profits and losses. Moe and Curly each contribute $50,000 cash to the partnership. Larry contributes a piece of land valued at $170,000. The land has a basis of $125,00

> During the current year, Cherie gives $30,000 cash to her daughter, Helen, and a remainder interest in investment land to her sister, Silvia. The remainder interest is valued at $40,000. In the current year, John, Cherie’s husband, gives Dan $18,000 in m

> Ginny made the following gifts during the current year. Her husband, Ken, made no gifts during the year. • Gift of land valued at $250,000 to her husband • Gift of $20,000 in stock to her daughter • Gift of $32,000 to her sister to pay for medical exp

> John gave $30,000 to each of his 10 grandchildren this year. Lisa, his wife, made no gifts during the year. a. How much are John’s taxable gifts if gift splitting is not elected? b. How much are John’s taxable gifts if gift splitting is elected?

> Julie had a gross estate of $7 million when she died in 2017. Her funeral expenses were $26,000; her administrative expenses were $30,000; her charitable deduction was $350,000; and her marital deduction was $600,000. She made no prior taxable gifts. Wha

> Edward gave 15,000 shares of ABC stock to Valerie on July 15. On July 15, the highest selling price for the stock was $40 per share, and the lowest selling price was $36 per share. What is the value of this gift before any exclusions?

> JR received 10,000 shares of Jones-Redding valued at $50 per share in exchange for a building valued at $1,000,000 and the assumption of the building’s $500,000 mortgage. What are the tax consequences for JR if the building has a basis of (a) $1,200,000;

> Benjamin has made no previous taxable gifts. Determine his gift tax if he makes $14,000,000 (after annual exclusions) in taxable gifts in 2017.

> Carolyn has made no previous taxable gifts. Determine her potential gift tax if she makes $2,650,000 in taxable gifts in the current year after each donee’s annual exclusion but before her lifetime exclusion.

> Charlie exchanged land valued at $450,000 and a sports car valued at $50,000 for a 40 percent interest in a partnership that planned to build an apartment complex on the property. The land has a $325,000 basis and the auto a $40,000 basis. Explain the ta

> In June of year 1, Angelina (a calendar-year taxpayer) becomes the beneficiary of a new calendar-year trust. At the same time, Angelina also becomes the beneficiary of an estate that elects a March 31 fiscal year-end. In December of year 1, Angelina rece

> Wayne created a trust six years ago for the benefit of his children. In the current year, when the value of the trust assets is $1,000,000, Wayne transfers additional property valued at $300,000 into the trust. Because Wayne is concerned that he might ne

> Thomas died on August 15 of the current year. On September 2, his estate received a check for $2,000 from Thomas’s former employer for his final pay period. On September 18, Thomas’s estate received a $70,000 distribution from his employer’s retirement p

> Glen transferred corporate stock worth $300,000 with a tax basis of $160,000 to an irrevocable trust. No gift taxes are paid. The terms of the trust require the independent trustee to distribute the trust income annually to Glen’s sister, Barbara. Any ca

> Mary is John’s surviving spouse. He used $450,000 of his gift and estate tax exclusion for his lifetime gifts and his estate used $2,300,000 of his estate tax exclusion in closing his estate. What is Mary’s estate tax exclusion when she dies if she and J

> Peter exchanges a building valued at $400,000 for land also valued at $400,000 in a qualifying like-kind exchange. The building has a basis of $230,000. What are Peter’s realized gain or loss and the basis of the land?

> Samson’s gross estate was valued at $1 million when he died. Determine the value of his taxable estate before any credits using the following information: • The executor’s fees were $16,000. • His funeral expenses were $15,000. • A cash donation of $1

> When Ben died, his executor elected the alternate valuation date. What value is included in the gross estate for each of the following properties? a. Marketable securities valued at $80,000 at date of death, valued at $89,000 six months after death, and

> Laura transferred property valued at $120,000 into an irrevocable trust. Laura is to receive one-half of the income each year for the balance of her life. The other half of the income and the remainder interest are to go to Robert. One year before her de

> Five years ago, Jason purchased a $400,000 life insurance policy on his life. For each of the following, indicate how much of the $400,000 policy proceeds are included in his gross estate. a. The proceeds are payable to his estate. b. The proceeds were

> What provisions apply to a personal residence that is subject to an involuntary conversion?

> Which of the following items are included in the decedent’s gross estate? a. A life estate in a trust that pays the decedent $25,000 per year until he dies b. A remainder interest in a trust worth $60,000 owned by the decedent c. A one-half interest i

> Cora was in Europe from Thanksgiving of 2016 until early January of 2017. When she returned to her home, she found it had been broken into and jewelry with a fair market value of $40,000 and a basis of $54,000 was missing. Her adjusted gross incomes in 2

> Determine the credit for the gift and estate tax exclusion if the indexed exclusion in 2017 is $5,500,000.

> What is the gift tax annual exclusion and why was it enacted?

> Sharon transferred property into an irrevocable trust, but she retained the right to change the beneficiaries. What circumstances are required for this transfer to be a completed gift?

> Discount Auto Company sold an automobile at a $2,000 discount to an unrelated customer. Is this a gift?

> What distinguishes a simple trust from a complex trust?

> What are the three categories into which business losses are separated? What type of business interest is always considered a passive activity?

> Explain the principal difference between an LLP and an LLC.

> Explain the functional-use test. Explain the taxpayer-use test.

> What is the income limit for claiming a passive loss deduction under the passive activity real property business exception to material participation?

> What is the purpose of the accumulated adjustments account if the S corporation has always been an S corporation?

> Why do the basis and at-risk rules usually prevent the same amount of losses from passing through to shareholders of S corporations?

> What is a terminating event in relation to an S corporation?

> A married couple file jointly and have a $10,000 net long-term capital gain. What are the maximum tax rates applicable to that gain if their total taxable income would otherwise be taxed at 15 percent, 25 percent, 33 percent, or 39.6 percent and the gain

> Which entities discussed in this chapter insulate the owners from the general liabilities of the entity?

> Why are corporations permitted to file consolidated returns?

> Explain the tax treatment of services transferred to a partnership in exchange for a partnership interest.

> Wally sells the auto that he used 80 percent for business and 20 percent for personal use annually for $6,000. He purchased the auto four years ago for $20,000. If used 100 percent for business, he could have claimed $16,000 in depreciation. What is his

> What are the two types of controlled groups?

> How are capital assets classified as short term and long term? How are long-term gains and losses and short-term gains and losses treated in the capital asset netting process?

> What averaging conventions exist under MACRS? How does a taxpayer determine which averaging convention should be used?

> What are the carryover periods for corporate net operating losses?

> What is a corporation’s overall charitable contribution deduction limitation?

> Indicate whether a taxpayer can claim deductions for depreciation or amortization for the following: a. Land used in the taxpayer’s ranching business. b. An automobile used in business. The taxpayer accounts for the deductible car expenses using the st

> List five desirable characteristics of the corporate form of business.

> Bob and Ray started a tree trimming business that recently became profitable. They each buy a $250,000 life insurance policy on themselves. They then exchange ownership of the policies to provide funds in case of either of their deaths. How is this excha

> Explain how a corporation’s income is subject to double taxation.

> Determine the amount of the capital gain or loss in each of the following transactions and state whether the gain or loss is long term or short term. a. 100 shares of Bilco stock bought for $8,000 on January 22 of year 3 and sold for $10,000 on January

> How are net short-term capital gains of individuals treated? How are net short-term capital gains of corporations treated?

> What additional tests must employee-owned property satisfy before the employee can claim depreciation?

> What is the unextended due date for the income tax return of a corporation whose fiscal year ends on February 28? What is its extended due date? In what months must it make estimated payments for the next tax year?

> Core Carpet Factory purchased a $40,000 binding machine (seven year property) six months ago that they expected to use for at least ten years. They began to use the machine immediately. Unfortunately, the machine kept breaking down and the company finall

> What types of realty qualify for like-kind exchange treatment? What kinds of personalty qualify for like-kind exchange treatment?

> What type of loss would be recognized on the sale of receivables to a factor at 80 percent of the face value?

> What events qualify as asset dispositions?

> How are assets classified to determine their tax treatment on disposition? What are other ways to classify assets?

> How is the amount realized on a sale or exchange determined?

> Cynthia, a sole proprietor has a loss this year and would like to claim no depreciation this year and then take double depreciation next year. Can she elect to do this?

> Linda inherited a car from her Uncle Ted, who had purchased the car two years ago for $38,000. The car’s value was $30,000 at the date of Ted’s death. What is Linda’s basis for the car?

> Why do you think Congress enacted the kiddie tax? Do you think it is achieving its goal? Can you think of a better way to achieve this goal?

> Mark’s father, Michael, loaned Mark $300,000 interest free for five years to invest in securities that yield a 10 percent annual return. At the end of the five years, Mark sells the securities to repay his father. Unfortunately, the market declined and M

> Beginning in 2012, Congress increased the top estate and gift tax rate to 40 percent and permanently increased the unified credit with inflation indexing. What (if any) changes do you think Congress might make in this area in the future?

> What types of assets are Section 1231 assets? What types of assets are capital assets? What types of assets are ordinary income assets? Give several examples of each type of asset.

> In 2010, Congress chose to repeal the estate tax for that year, but retained the gift tax. Why do you think they did that?

> Why do you think an S corporation is limited to having common stock with no differences other than voting rights?

> Why do you think services are excluded from the definition of property when a partner receives a partnership interest in exchange for property?

> Explain how a parent–subsidiary controlled group differs from an affiliated controlled group. Develop examples of each to illustrate the differences.

> Why do you think Congress requires the recognition of gain on the distribution of appreciated property but does not allow the recognition of loss on depreciated property in a nonliquidating distribution? Why do you think both gain and loss are recognized

> Bob and Jane, brother and sister, are equal partners in a family partnership that owns 400 shares of the Sibling Corporation. Their grandfather owns the remaining 100 shares of Sibling Corporation. How many shares of stock are owned directly and indirect

> The Blanton Corporation had a deficit in its current earnings and profits of $36,500 for the current year. It has $75,000 in accumulated earnings and profits. It made two distributions to its shareholders. On April 30, it distributed $40,000, and on Nove

> Waltjohn Corporation has $5,000 in CE&P and $10,000 in AE&P. It has two shareholders, Walter and John. On April 1 of the current year, Walter received a $10,000 distribution from the corporation on his Class A common stock. On July 1, John received a $10

> What policy reason do you think explains why losses on the personal-use property of individuals are nondeductible except for a limited amount of loss from involuntary conversions?

> A shareholder receives stock valued at $500,000 and $50,000 cash for two pieces of equipment as part of a Section 351 transaction. He transfers (1) Machine A with a fair market value of $330,000 and a basis of $300,000 and (2) Machine B with a fair marke

> What is Section 291 recapture? Compare this to unrecaptured Section 1250 gains.

> What is the rationale behind a corporation’s increasing its basis in property received in a Section 351 transaction for the gain recognized by the transferor shareholder?

> What is a possible reason for allowing persons to use the provision that allows the deferral of gain or loss for involuntary conversions on property that is sold under the threat of condemnation only?

> Why do you think the specifications for like-kind properties are so different for real property and for personalty?

2.99

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