Other Deductions Flashcards

1
Q

All of the following statements about the 50% limit on business-related meal expenses are true EXCEPT

A. The cost of food at an annual employee picnic is subject to the 50% limit.

B. A pizza parlor’s cost in providing free slices of pizza to the public, as a form of advertisement, is not subject to the 50% limit.

C. A self-employed accountant is not subject to the 50% limit if (s)he was reimbursed and provided the payer with adequate records of the expenses.

D. Employees are not subject to the 50% limit if the employer reimburses the employees under an accountable plan and does not treat the reimbursement as wages.

A

The cost of food at an annual employee picnic is subject to the 50% limit.

The amount deductible for meal expense is 50% of the actual expense. The limit also applies to the taxpayer’s own meals. Related expenses, such as taxes, tips, and parking fees, but not transportation to and from a business meal, are also subject to the 50% limit. Employee picnics are exempted from the limitation.

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2
Q

You are a self-employed caterer. To encourage the continuation of an existing business relationship, you took one of your clients to a Broadway show. The visit to the show occurred directly after a substantial business discussion with that client. You paid a ticket broker $300 for two tickets to that show. The face value of each ticket was $100 ($200 total). What is your total deductible expense for both tickets?

A. $300

B. $200

C. $0

D. $100

A

$0

Prior to 2018, entertainment expenses were deductible but subject to a 50% limit of the face value of an entertainment ticket. However, entertainment expenses after 2017 are not deductible (Pub 463).

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3
Q

Which of the following fringe benefits for meals is NOT subject to the 50% deduction limit?

A. Meals furnished to your employees at your place of business when more than half of these employees are provided the meals for your convenience.

B. Meals furnished to your employees at the work site when you operate a restaurant.

C. Meals furnished to your employees as part of the expense of a company picnic.

D. Meals furnished to a customer during a business discussion.

A

Meals furnished to your employees as part of the expense of a company picnic.

Generally, the amount deductible for meal expenses is 50% of the actual expense. The limit also applies to the taxpayer’s own meals. Thus, meals furnished to a customer during a business discussion qualify. Beginning in 2018, the qualified meals provided for the convenience of the employer are still deductible but now limited to 50%. However, meal expenses for employee recreation, e.g., picnics, remain 100% deductible.

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4
Q

Squire, a self-employed attorney, is a member of Executive Club, which is a professional businesspersons’ club. He uses the club on a regular basis to entertain clients. Squire had the following detailed records to substantiate the expenses of Executive Club during the current year:
Dues
$1,200
Meals consisting of bona fide business discussions with clients
$1,000
Tips
$200
Transportation to/from meals
$150
What amount may Squire deduct on his income tax return for the current year?

A. $750

B. $2,550

C. $1,300

D. $850

A

$750

The expenses of a meal include amounts spent on food and tips relating to the meal. The amount allowable as a deduction for meal expenses is limited to 50% of the expenses. Transportation expenses to and from a business meal are 100% deductible. No deduction is permitted for club dues. Therefore, the allowable deduction is $750 {$150 + [($1,000 + $200) × 50%]}.

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5
Q

To meet the requirements for deducting meal expenses, you must show which of the following?

A. You provided the meal to someone you had a business connection with.

B. All of the answers are correct.

C. If provided during nondeductible entertainment, the meal expenses are separately stated.

D. You or an employee attended the meal.

A

All of the answers are correct.

For a business meal to be deductible, the meal must
Be an ordinary and necessary expense;
Not be a lavish or extravagant expense;
*Be attended by the taxpayer or an employee of the taxpayer;
*Be provided to a current or potential business customer, client, consultant, or similar business contact; and
*Be separately stated from any nondeductible entertainment expense or purchased separately from the entertainment.

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6
Q

During the current year, Mr. Tripper paid $10,000 in membership dues to a local country club. His records reflected that he used the club as follows:
Personal use
25%
Business use (e.g., with business associates)
75%
His records also show that he paid $3,000 for meals that were ordinary and necessary for his trade or business. How much of the dues, meals, and entertainment can Mr. Tripper deduct in the current year?

A. $6,500

B. $5,250

C. $3,000

D. $1,500

A

$1,500

Section 274 disallows a deduction for expenditures made with respect to a facility used in connection with entertainment or recreation (e.g., a country club). The only deduction available to Mr. Tripper is for the business meal expenses of $3,000. The deduction is limited to 50%, or $1,500.

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7
Q

Bob, a calendar-year, cash-basis taxpayer, owns an insurance agency. Bob has four people selling insurance for him. The salesmen incur ordinary and necessary expenses for which Bob reimburses them monthly. During the current year, Bob reimbursed his agents $10,000 for meals and $26,000 for entertainment. How much of the reimbursement can Bob deduct for meal and entertainment expenses on his current-year federal income tax return?

A. $28,800

B. $36,000

C. $5,000

D. $30,800

A

$5,000

Under Sec. 162(a), an employer may deduct reimbursements to an employee subject to the restrictions of Sec. 274. There is a 50% limitation for meals when the employer does not treat the expenses as compensation, and thus Bob’s deduction for meal expenses is $5,000 ($10,000 × 50%). Entertainment expenses are no longer deductible.

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8
Q

Peterson, a self-employed accountant, took a client to a dinner to discuss a potential deal. The total amount paid for dinner was $125 (including a $25 tip). In addition, upon arrival, Peterson paid $15 to have his car parked. What is the total amount of deductible expenses for this meal?

A. $125

B. $140

C. $70

D. $50

A

$70

The amount deductible for meal expense is 50% of the actual expense. The limit also applies to the taxpayer’s own meals and related expenses, such as taxes, tips, and parking fees. Thus, $70 is the correct answer [($125 meal and tip + $15 parking) × 50%].

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9
Q

Which of the following statements is true concerning deduction of business meals and travel expenses?

A. Receipts must be kept for Taxpayer A’s business meal expenditure of $25.

B. Documentary evidence is required as proof for Taxpayer B’s business meal expense of $85.

C. Documentary evidence, such as receipts, is required for all of Taxpayer D’s business meal expenditures.

D. To meet the deductibility requirements, Taxpayer C must show that business income or business benefit actually resulted from each business meal expense.

A

Documentary evidence is required as proof for Taxpayer B’s business meal expense of $85.

Section 274(d) requires the taxpayer to substantiate by adequate records or corroborating evidence all expenditures made for travel and business meals. The IRS has denied deductions for any meal expense over $75 for which the claimant did not provide substantiating evidence, i.e., documented dates, amounts, location, purpose, and business relationship.

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10
Q

Bank Corp., a calendar-year corporation, reimburses employees for properly substantiated qualifying business meal expenses. The employees are present at the meals, which are neither lavish nor extravagant, and the reimbursement is not treated as wages subject to withholdings. For 2020, what percentage of the meal expense may Bank deduct?

A. 0%

B. 100%

C. 50%

D. 80%

A

50%

Properly substantiated qualifying business meal expenses are deductible by 50% of the meal expense incurred. Since the employees are fully reimbursed for these expenses, Bank’s deduction is subject to the 50% limitation.

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11
Q

Mr. Smith incurred the following expenses in the current year:
Rent for a hospitality room at a convention that displayed Mr. Smith’s business products
$800
Breakfast for three of Mr. Smith’s business associates and their spouses the morning of a convention
$100
Dinners and other meals paid for by Mr. Smith in a reciprocal entertainment situation with other business associates
$300
What amount is deductible by Mr. Smith as a meal expense in the current year?

A. $550

B. $1,200

C. $25

D. $600

A

$25

The Tax Cuts and Jobs Act eliminated entertainment expense deductions. However, the meal expense deduction is still permitted, subject to a 50% limit. As such, only 50% of the expenses incurred related to the breakfast for three is permitted to be deducted ($50 × 50% = $25). The spouses’ meals are not deductible. The rental of the hospitality room is not a meal expense.

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12
Q

All of the following elements are requirements for deducting business meals EXCEPT

A. You attended the meal.

B. The meal was an ordinary expense for your business.

C. The meal was a lavish expense.

D. The meal was provided to a business consultant.

A

The meal was a lavish expense.

For a business meal to be deductible, the meal must

  • Be an ordinary and necessary expense;
  • Not be a lavish or extravagant expense;
  • Be attended by the taxpayer or an employee of the taxpayer;
  • Be provided to a current or potential business customer, client, consultant, or similar business contact; and
  • Be separately stated from any nondeductible entertainment expense or purchased separately from the entertainment.
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13
Q

When an employer reimburses an employee for meals under an accountable plan while the employee is away from home, the employer must

A. Do nothing.

B. Deduct only 50% of the reimbursement on his or her tax return.

C. Add 100% of the meals as income to the employee.

D. Include 50% of the cost of meals as income to the employee.

A

Deduct only 50% of the reimbursement on his or her tax return.

Publication 334 states, “You can take a deduction for travel and meals expenses if you reimburse your employees for these expenses under an accountable plan. The amount you deduct for meals, however, may be subject to a 50% limit.” Meals purchased while away from home that are reimbursed by an employer are not gross income to the employee.

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14
Q

Which of the following elements is NOT required for business meal expenses to be deductible?

A. The meal must be provided to a business associate.

B. The meal must not be lavish.

C. The taxpayer or employee must be in attendance.

D. The taxpayer must show that business income or other business benefit resulted from each meal expense.

A

The taxpayer must show that business income or other business benefit resulted from each meal expense.

For a business meal to be deductible, the meal must

  • Be an ordinary and necessary expense;
  • Not be a lavish or extravagant expense;
  • Be attended by the taxpayer or an employee of the taxpayer;
  • Be provided to a current or potential business customer, client, consultant, or similar business contact; and
  • Be separately stated from any nondeductible entertainment expense or purchased separately from the entertainment.
  • The taxpayer is not required to verify that business income or some other business benefit resulted from each business meal expense.
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15
Q

Which of the following is NOT required for a business meal to be deductible?

A. The meal must take place during the taxpayer’s business hours.

B. The meal must be attended by the taxpayer or the taxpayer’s employee.

C. The meal expense must be separately stated from any entertainment expense.

D. The expense must be ordinary and necessary.

A

The meal must take place during the taxpayer’s business hours.

To be deductible, a meal must
*Be an ordinary and necessary expense
*Not be a lavish or extravagant expense, i.e., be reasonable based on facts and circumstances
*Be attended by the taxpayer or an employee of the taxpayer
*Be provided to a current or potential business customer, client, consultant, or similar business contact
*Be separately stated from any nondeductible entertainment expense or purchased separately from the entertainment
The time of day of the meal is not relevant.

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16
Q

Darlene purchased two concert tickets from a ticket agent and gave them to a client. Darlene paid $200 for the tickets, which had a face value of $75 each. Assuming that the ordinary and necessary test is met, what amount can Darlene claim as an entertainment expense?

A. $0

B. $100

C. $150

D. $200

A

$0

Previously, entertainment expenses associated with the active conduct of the taxpayer’s business were deductible. The amount allowable as a deduction for entertainment expenses was 50% of such expenses, limited to the face value if the amount paid is higher than face value. However, since 2018, these expenses are no longer deductible at all.

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17
Q

Ms. Patel, a self-employed attorney, is a member of Executive Club, which is a professional business persons’ club. Ms. Patel uses the club on a regular basis to entertain clients. Ms. Patel had the following detailed records to substantiate the expenses of Executive Club during the current year:
Dues
$2,400
Meals consisting of bona fide business discussions with clients
$2,000
Tips
$400
Transportation to/from meals
$300
What amount may Ms. Patel deduct on her income tax return for the current year?

A. $1,500

B. $5,100

C. $1,700

D. $2,600

A

$1,500

The expenses of a meal include amounts spent on food and tips relating to the meal. The amount allowable as a deduction for meal expenses is limited to 50% of the expenses. Transportation expenses to and from a business meal are 100% deductible. No deduction is permitted for club dues to a professional club when the principal purpose is for entertainment. Therefore, the allowable deduction is $1,500 {$300 + [($2,000 + $400) × 50%]}.

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18
Q

Which of the following expenses is deductible in the current year?

A. A businessman pays dues to an athletic club when membership is used for business purposes.

B. A professor of Spanish incurs travel expenses during a trip to Spain when the purpose of the trip is to increase his understanding of the language and customs of Spain.

C. A taxpayer takes a customer to lunch and discusses a business transaction immediately before the meal.

D. A taxpayer provides basketball tickets for a client and his wife as part of customer relations; the taxpayer is not present.

A

A taxpayer takes a customer to lunch and discusses a business transaction immediately before the meal.

The cost of a meal for a customer is considered a deductible business expense because customers fall under the business associate requirement, and the taxpayer was present at the meal. The expenditures qualify for deduction at the rate of 50% of the cost.

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19
Q

Partiers Unlimited sent one of its employees to attend an association meeting on behalf of the company. It is customary, and good for business, for spouses to attend these meetings and participate in the social activities in the evenings. The employee took her spouse along for this purpose. Airfare for the employee was $200, food was $100, and lodging was $200. Airfare for the spouse was $200, food was $100, and lodging was $150. Partiers reimbursed its employee for these amounts but included $450 on the employee’s W-2 as compensation at the end of the year. How much, and in what manner, should Partiers deduct for these expenses?

A. $450 as travel expense and $450 as compensation.

B. $650 as travel expense and $250 as compensation.

C. $450 as travel expense.

D. $900 as travel expense.

A

$450 as travel expense and $450 as compensation.

An employer may deduct reimbursements to an employee for business travel under Sec. 162(a), subject to the restrictions in Sec. 274. However, the expenses of an employee’s spouse on a trip are not deductible, unless the spouse is an employee of the taxpayer, the travel of the spouse is for a bona fide purpose, and such expenses would otherwise be deductible by the spouse [Sec. 274(m)(3)]. It is not sufficient that the spouse is along for customary social activities. Therefore, the expenses relating to the spouse in this question are not deductible.
Under Sec. 274(e), if an employer treats the nondeductible travel expenses as compensation to the employee, they may be fully deducted as compensation. Treating them as compensation requires withholding income tax, including the amounts on the employee’s W-2, and deducting them in the employer’s tax return as compensation. When the employee is reimbursed for the cost of meals and entertainment, the 50% limitation applies to the party making the reimbursement. Therefore, Partiers may deduct the following:

Spouse’s expenses as compensation
$450
Employee’s expenses as travel
Airfare
$200
Meals ($100 × 50%)
$50
Lodging
$200
Deductible amount
$450
If the employer chooses not to treat the spouse’s expenses as compensation, they become a nondeductible expense.
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20
Q

A self-employed taxpayer usually works and lives in Springfield, but in March of the current year, they start an extended engagement in Indianapolis for an indefinite period of time. How much, if any, of the following monthly expenses can the taxpayer take as an expense on their current-year tax return?
Rent
$2,500
Meals
$500
Travel – round-trip airfare to go home each weekend
$150

A. $2,900

B. $2,650

C. $0

D. $2,750

A

$0

According to Rev. Rul. 75-432, if the period of work is or becomes indefinite, travel expenses are not deductible because the individuals are treated as though they changed the location of their tax homes to their work location.

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21
Q

Which of the following statements is true regarding deductible travel expenses when attending a convention?

A. Appointment or election as a delegate to a convention is sufficient in itself to make that delegate’s travel expense deductible.

B. Travel expense for attendance at a conference on investments is deductible if the taxpayer is seeking advice on suitable investments for the production of taxable income.

C. The convention agenda does not have to deal specifically with the official duties and responsibilities of your position.

D. The daily limit on the amount that can be deducted for a convention held on a cruise ship is the highest federal per diem rate allowable at the time of travel.

A

The convention agenda does not have to deal specifically with the official duties and responsibilities of your position.

A deduction is allowed for ordinary and necessary traveling expenses incurred by a taxpayer while away from home in the conduct of a trade or business. The convention agenda does not have to deal specifically with the official duties and responsibilities of your position.

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22
Q

Mr. Pine, a self-employed engineer in Boston, traveled to Chicago in order to attend a course on new engineering techniques. He spent 2 weeks attending the course and remained in Chicago for an additional 6 weeks on personal matters. The air flight cost $200, hotel $600, meals $320, and the tuition for the course $500. How much of these expenses may Mr. Pine deduct on his return?

A. $714

B. $890

C. $500

D. $690

A

$690

A deduction for adjusted gross income is allowed for travel expenses while away from home in connection with a trade or business [Sec. 162(a)]. However, transportation is deductible only if the trip is primarily related to the taxpayer’s trade or business (Reg. 1.162-2). If more days are spent for personal purposes than for business purposes, none of the transportation is deductible. Since Mr. Pine spent 6 out of his 8 weeks in Chicago on personal matters, the cost of the flight to Chicago is not deductible. Meals and lodging must always be allocated between personal and business. Under Sec. 274(n), business meals are deductible at only 50% of their cost. The expenses for 2 weeks out of 8 weeks are deductible. Educational expenses are deductible if the education maintains or improves skills required in the taxpayer’s business (Reg. 1.162-5).
Hotel ($600 × 2/8)
$150
Meals ($320 × 50% × 2/8)
$40
Tuition
$500
Total deduction
$690
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23
Q

Mark is an engineer for the Peterson LTD Partnership. Peterson has an accountable travel expense plan. Mark incurred $375 in travel expenses on a 2-day business trip. When he returned to his tax home, he worked late and incurred $90 for meals. Mark gave his employer an adequate accounting within a reasonable time and did not have any excess reimbursement. What amount, if any, must be included in Mark’s W-2?

A. $0

B. $375

C. $90

D. $465

A

$0

The $375 is excludable from income because it was reimbursed under an accountable plan. Regulation 1.132-6(d)(2) provides that meal money provided on an occasional basis because of overtime work is excludable from income.

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24
Q

During the current year, Mark attended a seminar that was held on a U.S.-registered cruise ship on the Mississippi River. The seminar was directly related to his trade or business, i.e., the construction of docks and wharves on rivers such as the Mississippi. Mark incurred the following expenses while on the cruise ship:
Lodging
$2,000
Meals
$1,200
How much of the expenses incurred can Mark deduct in the current year, provided he attaches the proper statements to the current year’s tax return?

A. $3,200

B. $0

C. $2,000

D. $2,600

A

$2,000

A limited deduction is available for expenses incurred for conventions on U.S. cruise ships. This deduction is limited to $2,000 with respect to all cruises beginning in any calendar year. The deduction applies only if all ports of such cruise ships are located in the U.S. or in U.S. possession. Also, the taxpayer must establish that the convention is directly related to the active conduct of his or her trade or business, and the taxpayer includes certain specified information on the return.

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25
Q
Jane is traveling to New York from Florida for a 2-day business event. Her total flight cost is $350, and she is shipping display material for the event at a cost of $100. While in New York, Jane had dry cleaning expenses totaling $25, for which she left a $10 tip. Which of these expenses are deductible?
I. Flight cost.
II. Shipping cost for display material.
III. Dry cleaning expense.
IV. Tip left for dry cleaning.

A. I, II, III, and IV.

B. I and II only.

C. I, II, and III only.

D. I only.

A

I, II, III, and IV.

For travel within the U.S., expenses other than transportation (e.g., airfare) are 100% deductible if the primary purpose is business. In addition, sending baggage and sample or display material between the regular and temporary work locations, dry cleaning and laundry, and any tips paid are deductible. Note that all of these expenses must be made for business purposes when traveling away from home.

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26
Q

Chris, a self-employed consultant in Florida, flew to California for a 5-day trip. During the first 3 days, Chris visited several tourist attractions. Chris spent the final 2 days of the trip at a client’s office performing consulting services. The only travel expense is the $700 flight ticket. Is the flight ticket deductible?

A. Yes, the proportion related to business is deductible.

B. Yes, the full amount is deductible.

C. No, because the primary purpose of the trip is personal.

D. No, because the primary purpose of the trip is business.

A

No, because the primary purpose of the trip is personal.

For travel within the U.S., expenses other than transportation (e.g., airfare) are allocated based on personal or business purpose. Transportation expenses are 100% deductible if the primary purpose is business or 0% deductible if the primary purpose is personal. Because more days were spent for personal purposes than business purposes, the primary purpose of the trip is personal and Chris cannot deduct the cost of the flight.

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27
Q

Expenses for travel outside the United States are NOT allocated between business and personal days when

A. All of the answers are correct.

B. At least 75% of the time was spent on business.

C. A personal vacation was not a major consideration.

D. The trip was not more than 7 consecutive days.

A

All of the answers are correct.

Generally, traveling expenses (including meals and lodging) of a taxpayer who travels outside of the United States away from home must be allocated between time spent on the trip for business and time spent for pleasure. When the trip is for not more than 1 week or when the time spent for personal reasons on the trip is less than 25% of the total time away from home, no allocation is required.

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28
Q

With regard to deductible travel expenses when attending a convention, which of the following statements is false?

A. If a taxpayer establishes that a meeting held on a cruise ship is directly related to his or her trade or business, (s)he may be able to deduct up to $2,000 per year of the expenses.

B. A taxpayer cannot deduct expenses for attending a convention, seminar, or similar meeting held outside the North American area unless the meeting is directly related to his or her trade or business.

C. A taxpayer must reduce otherwise deductible travel expenses that (s)he pays by the reimbursements that (s)he receives from others for these expenses.

D. When a taxpayer’s family lives at the temporary or minor post of duty, the taxpayer may not claim travel expenses.

A

When a taxpayer’s family lives at the temporary or minor post of duty, the taxpayer may not claim travel expenses.

A taxpayer may deduct traveling expenses between the principal place of business and the place of business at a temporary or minor post of duty. When the taxpayer’s family lives at the temporary or minor post of duty, the taxpayer may still claim travel expenses.

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29
Q

With regard to deductible travel expenses when attending a convention, all of the following statements are correct EXCEPT

A. You cannot deduct expenses for attending a convention, seminar, or similar meeting held outside of the U.S. area unless the meeting is related to your trade or business.

B. The fact that an attending individual uses vacation time does not necessarily negate the deduction.

C. If you establish that a meeting held on a cruise ship is directly related to your trade or business, you may be able to deduct expenses of up to $2,000 per trip.

D. If you can show that your attendance benefits your trade or business, you can deduct your travel expenses if the expenses are reasonable.

A

If you establish that a meeting held on a cruise ship is directly related to your trade or business, you may be able to deduct expenses of up to $2,000 per trip.

A limited deduction is available for expenses incurred for conventions on U.S. cruise ships. This deduction is limited to $2,000 with respect to all cruises beginning in any calendar year. Thus, $2,000 total can be deducted for cruise conventions.

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30
Q

Joe, a self-employed accountant, is preparing a client’s tax return. The client has brought various documents to substantiate expenses incurred while traveling. Of the following expenses, which can be deducted on Joe’s client’s tax return?

A. Travel expenses for attending investment meetings.

B. Travel expenses incurred commuting from home to work.

C. Travel expenses as a form of education.

D. Travel expenses incurred attending a convention related to the taxpayer’s business.

A

Travel expenses incurred attending a convention related to the taxpayer’s business.

Deductible travel expenses include those incurred when attending a convention related to the taxpayer’s business.

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31
Q

With regard to deductible travel expenses when attending a convention, which of the following statements is false?

A. If a taxpayer can show that his or her attendance benefits his or her trade or business, (s)he can deduct his or her and his or her family’s travel expenses providing the expenses are reasonable.

B. A taxpayer cannot deduct expenses for attending a convention, seminar, or similar meeting held outside the North American area unless the meeting is directly related to his or her trade or business.

C. A taxpayer must reduce otherwise deductible travel expenses that (s)he pays by the reimbursements that (s)he receives from others for these expenses.

D. If a taxpayer establishes that a meeting held on a cruise ship is directly related to his or her trade or business, (s)he may be able to deduct up to $2,000 per year of the expenses.

A

If a taxpayer can show that his or her attendance benefits his or her trade or business, (s)he can deduct his or her and his or her family’s travel expenses providing the expenses are reasonable.

Travel expenses are not allowed for a spouse, dependent, or other individual who accompanies the taxpayer on a business trip unless such person is an employee of the person who is paying or reimbursing the expenses, the travel of such person serves a bona fide business purpose, and the expenses of such person are otherwise deductible.

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32
Q
Phil Bobo is actively engaged in the oil business and owns numerous oil leases in the Southwest. During the current year, he made several trips to inspect oil wells on the leases and to consult about future oil wells to be drilled on these sites. As a result of these overnight trips, he paid the following:
Plane fares
$4,000
Hotels
$1,000
Meals
$800
Entertaining lessees
$500
Of the $6,300 in expenses incurred, he can claim as deductible expenses

A. $5,000

B. $6,040

C. $5,400

D. $6,300

A

$5,400

A deduction is allowed for travel expenses while away from home in the pursuit of a trade or business [Sec. 162(a)]. Meals are deductible under Sec. 162 provided they are currently related to the active conduct of a trade or business, the expense is not lavish or extravagant under the circumstances, and the taxpayer (or an employee) is present during the meals. A deduction is allowed for the meals. Under Sec. 274(n), meal expenses are limited to 50% of their cost. Also, these expenditures must be substantiated under Sec. 274(d). Assuming that Bobo’s expenses meet the above requirements, his total deduction is as follows:
Plane fares
$4,000
Hotels
$1,000
Meals ($800 × 50%)
$400
Total deduction
$5,400
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33
Q

Which one of the following statements concerning the recordkeeping requirements for travel and meals is true?

A. If the business purpose of a meal is not recorded, other evidence may be used to substantiate the business purpose.

B. A canceled check, by itself, is adequate evidence to support a meal expense.

C. Social Security numbers of business guests must be recorded to support entertainment expenses.

D. Receipts must be kept for all transportation expenditures over $75.

A

If the business purpose of a meal is not recorded, other evidence may be used to substantiate the business purpose.

Section 274(d) requires the taxpayer to substantiate by adequate records or by sufficient corroborating evidence any deduction for travel and meals.

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34
Q

During the current year, Dr. Unsa, a self-employed canine biologist specializing in fila dogs, attended a convention in Brazil concerning the feeding and mating habits of fila dogs. The convention was beneficial to his business since it was held in an area renowned for its abundance of fila dogs. Also, the foremost fila dog authorities in the world live there. He spent 7 full days attending the convention and 3 days sightseeing. He incurred expenses of $4,000 for airfare, $2,000 for lodging, and $1,000 for meals. How much may Dr. Unsa deduct for the trip on his Schedule C for the current year?

A. $0

B. $3,500

C. $6,500

D. $4,550

A

$4,550

Dr. Unsa’s deduction is limited because, although he traveled outside the United States primarily for business purposes, more than 25% of his time was spent on nonbusiness activities. Therefore, he may deduct $2,800 (70%) of the air travel costs, $1,400 (70%) of his lodging costs, and $350 of his meal expenses. The meal deduction is subject to the 50% limitation, which must be applied before the deductible amount can be figured. Thus, $1,000 meal expenses subject to the 50% limit equals $500. 70% of the $500 is deductible ($350).

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35
Q

With regard to deductible travel expenses when attending a convention, which of the following statements is true?

A. If the taxpayer can show that his or her attendance benefits his or her trade or business, (s)he can deduct his or her and his or her family’s travel expenses providing the expenses are reasonable.

B. The fact that the taxpayer has been appointed or elected as a delegate to a convention does not, in itself, entitle him or her to a deduction.

C. The agenda of the convention has to deal specifically with his or her official duties or responsibilities of his or her position or business.

D. If the taxpayer attends conventions, seminars, or similar meetings held on cruise ships, (s)he may be able to deduct up to $3,000 per year of the expenses if (s)he establishes that the meeting is directly related to his or her trade or business.

A

The fact that the taxpayer has been appointed or elected as a delegate to a convention does not, in itself, entitle him or her to a deduction.

A taxpayer’s appointment as a delegate to a convention does not, in itself, entitle the taxpayer to a deduction. A deduction is allowed for ordinary and necessary traveling expenses incurred by a taxpayer while away from home in the conduct of a trade or business.

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36
Q

During the current year, Dr. Water, a self-employed marine biologist specializing in sharks, attended a convention in Australia concerning the feeding and migration habits of sharks. The convention was beneficial to his business since it was held in an area renowned for its abundance of sharks. Also, the foremost shark authorities in the world live there. He spent 7 full days attending the convention and 3 days sightseeing. He incurred the following costs: $2,000 for airfare; $1,000 for lodging; and $500 for meals. How much may Dr. Water deduct for the trip on his Schedule C for the current year?

A. $3,250

B. $0

C. $1,750

D. $2,275

A

$2,275

Dr. Water’s deduction is limited because, although he traveled outside the United States primarily for business purposes, more than 25% of his time was spent on nonbusiness activities. Therefore, he may deduct $1,400 (70%) of the air travel costs, $700 (70%) of his lodging costs, and $175 of his meal expenses. The meal deduction is subject to the 50% limitation, which must be applied before the deductible amount can be figured. Thus, $500 meal expenses subject to the 50% limit equals $250. Seventy percent of the $250 is deductible ($175).

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37
Q

As a sole proprietor of a dress shop in Los Angeles, you take a business trip to Reno. On your way to Reno you stop in Las Vegas to visit a friend. You spend 3 days in Las Vegas and 6 days in Reno. Your travel expenses for the 9 days are $630. If you had not stopped in Las Vegas, the cost of your 6-day trip to Reno would have been $420. How much may be deducted before considering any meals limitation?

A. $630

B. $420

C. $580

D. None of the answers are correct.

A

$420

A deduction for adjusted gross income is allowed for travel expenses while away from home in connection with a trade or business [Sec. 162(a)]. However, transportation is deductible only if the trip is primarily related to the taxpayer’s trade or business (Reg. 1.162-2). If more days are spent for personal purposes than for business purposes, none of the transportation is deductible. Since the taxpayer spent more days on business than personal time, the cost of the travel expenses related to business are deductible.

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38
Q

Lisa traveled from Philadelphia to New York on a business trip for her employer. She is not reimbursed for the travel expenses. Lisa spends 2 days in business meetings and 1 day on vacation. Lisa’s meals cost $90 ($30 per day), lodging cost $360 ($120 per day), and train fare cost $102. What is the total amount of Lisa’s business-related travel expense?

A. $0

B. $552

C. $366

D. $507

A

$0

The expenses of a meal include amounts spent on food and tips relating to the meal. The amount allowable as a deduction to the employer for meal expenses is limited to 50% of the expenses. Transportation expenses to and from a business meal are 100% deductible. However, as an employee, Lisa has no way to claim work-related expense deductions. The 2% of AGI miscellaneous itemized deductions was discontinued in 2017.

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39
Q

A taxpayer can deduct up to $2,000 per year of expenses for attending conventions, seminars, or similar meetings held on cruise ships. All of the following requirements must be met for this deduction, EXCEPT

A. The taxpayer attaches a statement signed by the taxpayer that includes information about (1) the total days of the trip; (2) the number of hours each day that the taxpayer devoted to scheduled business activities; and (3) a program of the scheduled business activities.

B. The convention, seminar, or meeting is directly related to the taxpayer’s trade or business.

C. The cruise ship company provides a statement that it has adequate facilities to accommodate the needs of the convention, seminar, or meetings.

D. The taxpayer attaches a written statement signed by an officer of the sponsoring organization or group that includes (1) a schedule of the business activities of each day of the meetings and (2) the number of hours the taxpayer attended the scheduled business activities.

A

The cruise ship company provides a statement that it has adequate facilities to accommodate the needs of the convention, seminar, or meetings.

The cruise ship company does not need to provide a statement that it has adequate facilities to accommodate the convention, seminar, or meetings. The following five requirements must be met for the $2,000 cruise ship deduction:

  1. The convention, seminar, or meeting is directly related to your trade or business.
  2. The cruise ship is a vessel registered in the United States.
  3. All of the cruise ship’s ports of call are in the United States or in possessions of the United States.
  4. You attach to your return a written statement signed by you that includes information about
    a. The total days of the trip,
    b. The number of hours each day that you devoted to scheduled business activities, and
    c. A program of the scheduled business activities of the meeting.
  5. You attach to your return a written statement signed by an officer of the organization or group sponsoring the meeting that includes
    a. A schedule of the business activities of each day of the meeting and
    b. The number of hours you attended the scheduled business activities (Publication 463, page 9).
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40
Q

Bart, a partner in the B & A Partnership, attended the Comdex Computer Convention in Las Vegas. The partnership repairs and upgrades commercial computers for business use. At the convention, a new advanced computer hard drive was introduced that would make current machines run faster and more efficiently. Bart is responsible for purchasing hard drives for the computers used in the partnership. Bart’s travel expenses, excluding meals, were $950. Part of that amount includes a rental car of $100 incurred to visit his mother and $50 for flowers and candy he bought for her. How much is deductible as a business expense?

A. $900

B. $950

C. $800

D. $850

A

$800

A taxpayer may deduct ordinary and necessary expenses incurred when traveling away from home on business. A business deduction is not allowed for personal expenses. Bart must divide the total travel expenses between the business related expenses and personal expenses. He may only deduct as a business expense the business related travel expenses. Therefore, Bart may deduct $800 ($950 – $100 – $50) of the travel expenses excluding meals as a business expense.

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41
Q
You usually live and work in St. Louis, but you are assigned to a job in Little Rock for an indefinite period of time. How much, if any, of the following monthly expenses can you deduct?
Rent
$1,000
Meals
$230
Travel to home one weekend
$35

A. $0

B. $1,035

C. $1,265

D. $1,150

A

$0

According to Rev. Rul. 75-432, if the period of work is or becomes indefinite, travel expenses are not deductible because the individuals are treated as though they changed the location of their tax homes to their work location.

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42
Q

Willy, a self-employed laboratory consultant, flew to Buffalo where he stayed 3 days (2 days were on business). Airfare was $300. Meals were $20 per day, and lodging was $20 per day. From Buffalo, Willy flew to Toronto, Canada, where he spent 2 weeks on business and 1 week with relatives. Airfare to Toronto and back home was $600. In Toronto, food was $100 per week, and lodging was $200 per week. What is Willy’s deductible travel expense for the trip?

A. $1,920

B. $680

C. $1,260

D. $1,380

A

$1,260

Under Reg. 1.162-2(b), on a trip made primarily for business, the entire amount for transportation may be deducted, but the food and lodging must be allocated between business and personal time. However, under Sec. 274(c) and Reg. 1.274-4, travel outside the United States must be allocated between business and personal (including the transportation) if the travel is in excess of 1 week when more than 25% of the time is for nonbusiness activity. The airfare on the trip to Buffalo is entirely deductible, while food and lodging are deductible for only 2 days. On the trip to Toronto, the airfare must be apportioned (2/3 business) as well as the food and lodging. Under Sec. 274(n), meals are deductible at only 50% of their cost. Assuming Willy’s meals met the requirements for business meals, his business deduction is
Buffalo: 
   Airfare
$300
   Meals ($20 × 50% × 2 days)
$20
   Lodging ($20 × 2 days)
$40
Toronto: 
   Airfare ($600 × 2/3)
$400
   Meals ($100 × 50% × 2 weeks)
$100
   Lodging ($200 × 2 weeks)
$400
Total travel expense deduction
$1,260
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43
Q

Alvin, a self-employed laboratory consultant specializing in white mice, attended a convention in Paris concerning the care and feeding of white mice. The convention was held in Paris since most of the white mice specialists in the world are located in France. Alvin’s expenses were $1,600 for airfare, $400 for food, and $400 for lodging. Alvin spent 5 days at the convention and 3 days visiting friends. How much can he deduct for the trip?

A. $1,500

B. $2,400

C. $1,375

D. $0

A

$1,375

Section 274(h) provides that no deduction is allowed for travel expenses for a person to attend a convention held outside North America, unless the meeting is directly related to the active conduct of his or her trade or business, and it is as reasonable for the meeting to be held outside North America as within. Alvin’s convention in France will satisfy these tests.
However, this trip is still subject to the rules under Sec. 274(c), which require all foreign travel for more than 1 week to be allocated between business and personal time when more than 25% of the time is spent on nonbusiness affairs. Therefore, Alvin may deduct only 5/8 of the transportation, food, and lodging expenses. Meals are limited to 50% of total cost. His deduction is as follows:
Airfare ($1,600 × 5/8)
$1,000
Lodging ($400 × 5/8)
$250
Meals ($400 × 50% × 5/8)
$125
Total travel expense deduction
$1,375
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44
Q

Sam Sheffield operates a cafe and files his returns on a calendar-year basis. He bought a fire insurance policy on the cafe building effective October 1, Year 1, and paid a premium of $3,600 for 2 years of coverage. How much of the premium can Sam deduct on his Year 2 return?

A. $2,400

B. $0

C. $3,150

D. $1,800

A

$1,800

A premium paid for insurance against losses from fire, accident, storm, theft, or other casualty is deductible if it is an ordinary and necessary expense of a business. When an insurance premium is paid in advance for more than 1 year, only a pro rata portion of the premium is deductible for each year, regardless of the taxpayer’s method of accounting. A portion of the premium paid in Year 1 is deductible in Year 2. The deductible amount is $1,800 ($3,600 premium ÷ 2 years).

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45
Q

The Gotham Goliaths ball club of the World Baseball League insures the life of its star center fielder, Mickey Mays, for $1 million. The annual premium is $10,000, and the Goliaths club named itself as beneficiary. The club also pays an annual premium of $5,000 for insurance to recover overhead expenses in the event of a strike by the ballgirls who retrieve foul balls and thrown bats. It also has property insurance covering the club’s chewing tobacco for which the annual premium is $1,000. What amount may the Gotham Goliaths deduct for its annual insurance premiums?

A. $0

B. $6,000

C. $1,000

D. $16,000

A

$6,000

Section 162(a) allows a deduction for ordinary and necessary expenses paid or incurred in carrying on a trade or business. Insurance to recover overhead expenses is deductible. Property insurance is also deductible for any property owned by the business. Section 264(a) provides, however, that no deduction is allowed for premiums on a life insurance policy covering the life of an employee if the taxpayer is directly or indirectly a beneficiary. These are generally known as “key man” insurance policies. Since the Gotham Goliaths club is the beneficiary, the $10,000 premium is not deductible. Therefore, the total deduction for insurance premiums is $6,000 ($5,000 for overhead insurance and $1,000 for property insurance).

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46
Q

All of the following insurance premiums are ordinarily deductible as an insurance expense EXCEPT

A. Group health insurance that does not contain continuation coverage to employees.

B. Workers’ compensation on behalf of partners in a business partnership.

C. Life insurance on the life of an employee with the employee’s wife as the beneficiary.

D. Malpractice insurance covering a professional’s personal liability for negligence resulting in injury to business clients.

A

Workers’ compensation on behalf of partners in a business partnership.

Workers’ compensation insurance premiums paid on behalf of employees are deductible as a business expense. However, for this purpose, partners are not considered employees of the partnership (they are considered self-employed owners), and the insurance premiums on their behalf are deductible as guaranteed payments, not as an insurance expense.

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47
Q

John owned a small advertising company, the operations of which he included on Schedule C of his current-year individual income tax return. What type of insurance may John NOT deduct on his current-year return?

A. Fire, theft, and flood insurance.

B. Loss of earnings due to sickness or disability of John.

C. Employer’s liability insurance.

D. Overhead insurance, which pays John’s overhead expenses in the event of his long period of disability caused by his sickness or injury.

A

Loss of earnings due to sickness or disability of John.

A premium on a personal disability insurance policy is not deductible when it applies to insurance for the self-employed owner.

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48
Q

Beth is a cash-basis, calendar-year taxpayer who operates her own business. She bought a fire insurance policy on her building effective for 2 years beginning October 1, Year 1. Beth paid the $7,200 premium in January Year 2. How much of the $7,200 can Beth deduct for Year 1?

A. $900

B. $0

C. $7,200

D. $3,600

A

$0

A premium paid for insurance against losses from fire, accident, storm, theft, or other casualty is deductible if it is an ordinary and necessary expense of a business. However, the premiums here are not deductible until paid in Year 2 because Beth is a cash-basis taxpayer. Furthermore, the premiums will have to be apportioned over the 2-year period of the policy but cannot be deducted before they are paid.

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49
Q

Drew, a cash-basis, calendar-year taxpayer, runs an auto repair shop and has a self-employed insurance plan. His wife, Sherry, works for an employer who started health insurance coverage for Sherry and Drew on August 1, 2020. Drew’s net profit, before health insurance, was $50,000. Drew paid $500 a month for all 12 months in 2020 for his health insurance plan because of pre-existing illnesses. Drew and Sherry file a joint return. What is the amount of their deduction for self-employed health insurance for 2020?

A. $0

B. $6,000

C. $2,450

D. $3,500

A

$3,500

Self-employed individuals may deduct 100% of the health insurance costs incurred during 2020 for themselves, their spouses, and their dependents. However, Drew can make the deduction only for the 7 months of premiums wherein he was not covered under his wife’s plan. Amounts eligible for the deduction do not include amounts paid during any month or part of a month covered by the other plan. Thus, Drew and Sherry can deduct $3,500 ($500 monthly insurance payment × 7 months).

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50
Q

Which of the following insurance premiums is generally NOT deductible by a sole proprietorship?

A. Merchandise and inventory insurance.

B. Liability insurance.

C. Workers’ compensation insurance.

D. Life insurance with owner as beneficiary.

A

Life insurance with owner as beneficiary.

A taxpayer may not deduct premiums on a life insurance policy covering the taxpayer, an employee, or any person with a financial interest in the taxpayer’s business if the taxpayer is directly or indirectly a beneficiary. Insurance premiums paid on a taxpayer’s own life are personal expenses and are not deductible.

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51
Q

Mr. C operates a business as a calendar-year, cash-basis proprietorship. During the current year, C purchased the following insurance policies:
*One-year policy that pays C for lost earnings owing to sickness or disability effective January 1
$600
January 5
*One-year life insurance policy on a key employee of which C is beneficiary effective January 1
$360
January 5
*One-year life insurance policy on his own life taken out on June 30, required by bank for C to obtain a business loan
$240
June 30
*Two-year fire and theft policy effective December 1 of next year
$2,400
January 6
What is C’s deductible insurance expense for the current year?

A. $2,400

B. $0

C. $840

D. $360

A

$0

Section 162(a) allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. Insurance premiums paid for carrying on a trade or business are deductible. The 1-year policy that pays C for lost earnings is personal; thus the premiums are not deductible as a trade or business expense. The premiums paid for the 1-year life insurance policy on the key employee are not deductible since C is the beneficiary [Sec. 264(a)]. The premiums on the 1-year life insurance policy on C’s own life are also not deductible because the policy is personal even though required by the bank for C to obtain a business loan. The premiums paid on the 2-year fire and theft policy will be deductible, but not until the year the policy is effected and even then, only on an allocated basis (Publication 535, Chapter 6, “Prepayment”).

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52
Q

During the current year, WHOOS Partnership paid insurance premiums for the following coverage:
Use and occupancy and business interruption insurance
$2,000
Overhead insurance
$1,000
Accident and health insurance paid for its partners as guaranteed payments made to the partners
$800
Group term life insurance on the lives of all the partners with the partnership as beneficiary
$500
Life insurance on the lives of all the partners in order to get or protect a loan
$700
What is the amount of WHOOS’s deductible expense for the current year?

A. $3,700

B. $3,800

C. $5,000

D. $3,000

A

$3,800

Section 162(a) allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. Insurance premiums paid for carrying on a trade or business are deductible. Under the terms of a use and occupancy insurance contract, a taxpayer may be insured for the loss of the use and occupancy of property damaged by fire. This expense is deductible. Premiums paid for overhead insurance are also deductible. Guaranteed payments are recorded as income by the partners and are deductible by the partnership. The deduction for the group term life insurance is not available because the partnership is the beneficiary. Finally, insurance premiums paid on a taxpayer’s own life are personal expenses and are not deductible. Therefore, the amount of WHOOS’s deductible expense for the current year is $3,800 ($2,000 business interruption insurance + $1,000 overhead insurance + $800 accident and health insurance).

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53
Q

The J & M partnership paid liability insurance on its building of $2,200 for the year 2020. This represents a premium for 1 year. J & M also prepaid fire insurance premiums of $2,400. The premium paid was for 2020 and 2021. What is the amount of insurance that J & M may deduct for 2020?

A. $4,600

B. $2,400

C. $3,400

D. $2,200

A

$3,400

An ordinary and necessary trade or business insurance expense paid or incurred during the tax year is deductible, including fire insurance and liability insurance. Prepaid insurance expenses must be apportioned over the period of coverage. Therefore, the 2020 portion of the premium paid for fire insurance is $1,200 ($2,400 ÷ 2 years). The total amount of insurance deductible for 2020 is $3,400 ($2,200 + $1,200).

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54
Q

James, a cash-basis taxpayer, operated a small business, which he reported on Schedule C of his 2020 income tax return. In October 2019, James received a $3,600 invoice from his insurance broker for a 3-year fire insurance renewal, which ran from October 1, 2019, through September 30, 2022. Because James was a little behind in paying his bills, he did not pay the $3,600 invoice until January 2020. What amount may James deduct for fire insurance on his 2020 income tax return?

A. $2,400

B. $1,200

C. $3,600

D. $1,500

A

$1,500

A premium paid for insurance against losses from fire, accident, storm, theft, or other casualty is deductible if it is an ordinary and necessary expense of a business. However, the premiums here are not deductible until paid in 2020 because James is a cash-basis taxpayer. Furthermore, the premiums will have to be apportioned over the 3-year period of the policy but cannot be deducted before they are paid. The amount deductible in 2020 is $1,500 ($1,200 pro rata portion for the 12 months of 2020 + $300 pro rata portion for the 3 months of 2019).

55
Q

You operate a business and file your tax return on a calendar-year basis. You bought a fire insurance policy on your building effective November 1, Year 1, and paid a premium of $1,200 for 2 years of coverage. How much can you deduct on your Year 1 return?

A. $1,200

B. $100

C. $600

D. $50

A

$100

A premium paid for insurance against losses from fire, accident, storm, theft, or other casualty is deductible if it is an ordinary and necessary expense of a business. When an insurance premium is paid in advance for more than 1 year, only a pro rata portion of the premium is deductible for each year, regardless of the taxpayer’s method of accounting. A portion of the premium paid in Year 1 is deductible in Year 2. On the Year 1 return, only the part of the total premium that applies to the 2 months of coverage in Year 1 is deductible. Therefore, the permitted deduction is $100 [($1,200 ÷ 24 months) = $50 × 2 months].

56
Q

Mr. Casey, a cash-basis, calendar-year taxpayer, purchased a fire insurance policy on May 31, 2020, and paid a premium of $2,400 for 2 years. How much of the $2,400 may Casey deduct for 2020?

A. $700

B. $1,200

C. $2,400

D. $600

A

$700

A premium paid for insurance against losses from fire, accident, storm, theft, or other casualty is deductible if it is an ordinary and necessary expense of a business. When an insurance premium is paid in advance for more than 1 year, only a pro rata portion of the premium is deductible for each year, regardless of the taxpayer’s method of accounting. Thus, the portion of the premium that may be deducted in 2020 is the 7 months the policy covered in 2020, i.e., $700 [($2,400 premium ÷ 24 months) × 7 months].

57
Q

Which of the following insurance premiums paid for policies related to a business is deductible as a business expense?

A. Employee fidelity or performance bonds.

B. Owner’s share of premiums on a split dollar life insurance plan.

C. Self-insurance reserve funds.

D. Insurance against loss of employer’s earnings due to sickness or disability.

A

Employee fidelity or performance bonds.

Section 162(a) allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. An expense is ordinary if it is customary in the kind of business conducted by the taxpayer and is not capital in nature. An expense is necessary if it is appropriate and helpful. Insurance to cover losses from employee malfeasance or nonperformance qualifies as such an expense.

58
Q

Jennifer Jones, an attorney, made loans of $5,000 and $2,000 to two of her clients in order to keep their business. She also made a loan of $1,000 to her cousin John to whom she had provided free legal advice regarding the start of his own business. If all three loans become uncollectible, what amount may Jennifer deduct as a business bad debt?

A. $1,000

B. $2,000

C. $7,000

D. $8,000

A

$7,000

A business bad debt is one incurred or acquired in connection with the taxpayer’s trade or business. The two loans to her clients are treated as business bad debt because these loans are associated with her business. Since Jennifer provided free legal advice to her cousin, this loan is a nonbusiness bad debt because there is no connection to her business. Thus, $7,000 is the business bad debt.

59
Q

Which of the following may be deducted as a business bad debt by Mr. Leonard, a cash-basis taxpayer?

A. A note evidencing a worthless personal loan to a friend.

B. A loss from uncollected accounts receivable.

C. A worthless corporate security.

D. A note evidencing an uncollectible business loan.

A

A note evidencing an uncollectible business loan.

An uncollectible business loan is a business bad debt under Sec. 166. Therefore, it is deductible.

60
Q

Mr. Benson, who operates a small tools supply company, in order to retain the customer, guaranteed payment of a $10,000 note for Black Hardware store, one of Mr. Benson’s largest clients. Black Hardware later filed for bankruptcy and defaulted on the loan. Mr. Benson made full payment to satisfy the note. Mr. Benson’s payment should be considered a(n)

A. Nonbusiness bad debt.

B. Investment.

C. Gift.

D. Business bad debt.

A

Business bad debt.

A business bad debt is deductible in full as an ordinary loss under Sec. 166. A loss on a guarantee of a debt is treated the same as a primary debt in determining whether it is business or nonbusiness. To be a business bad debt, it must be closely related to one’s trade or business. However, guaranteeing the debt of a primary customer does not necessarily make it a business debt. If making the guarantee was required to retain the customer, the payment on the guarantee would be a business bad debt.

61
Q

Which of the following statements regarding the nonaccrual-experience method of accounting for bad debts is false?

A. Under this method, income does not have to be accrued if it is not expected to be collected.

B. This method cannot be used for a business that derives all of its income from selling goods.

C. This method cannot be used if interest or penalties are required to be paid for late payments.

D. This method can be used only by cash-basis taxpayers.

A

This method can be used only by cash-basis taxpayers.

Under the nonaccrual-experience method of accounting, a taxpayer does not have to accrue income that (s)he does not expect to collect. This method applies only to amounts to be received as accounts receivable for services performed. It cannot be used if amounts are owed to a taxpayer from activities such as lending money, selling goods, or acquiring receivables. Also, it cannot be used for amounts owed to a taxpayer if the taxpayer charges interest or late penalties. This method may be used by taxpayers who are not cash method; it does not apply to cash-method taxpayers as they already receive this treatment under standard cash-method rules.

62
Q

Ms. R lent her sister money to buy a new personal-use automobile. The understanding was that the loan may not be repaid. The debt was subsequently forgiven since Ms. R’s sister could not repay the debt. This is an example of

A. A business bad debt.

B. A gift.

C. A nonbusiness bad debt.

D. A specific charge-off.

A

A gift.

A bad debt deduction may be taken only for a bona fide debt arising from a valid debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money [Reg. 1.166-1(c)]. Ms. R made a gift to her sister of the balance of the debt owed. Therefore, no bad debt exists, and no deduction is available.

63
Q

The Flap Jack Partnership guaranteed a $30,000 note for Elegant Restaurant, one of Flap Jack’s customers, for a good faith business purpose. Elegant Restaurant filed for bankruptcy and defaulted on the loan after paying $10,000 of the note. Flap Jack Partnership paid the bank the balance of the note. What is the amount Flap Jack Partnership can deduct as a bad debt?

A. $30,000

B. $0

C. $10,000

D. $20,000

A

$20,000

A business bad debt is a loss from worthless debt that was either
*Created or acquired in the taxpayer’s trade or business or
*Closely related to the taxpayer’s trade or business when it became partially or totally worthless.
A debt is closely related to a taxpayer’s trade or business if the primary motive for incurring the debt is business related. If a taxpayer makes a loan to a client, supplier, employee, or distributor for a business reason and it becomes worthless, it becomes a business bad debt (Publication 535). Since the Flap Jack Partnership only received $10,000, the partnership has a business bad debt of $20,000 ($30,000 note – $10,000 payment).

64
Q

Landon, a sole proprietor, made the following loans in the current year. Two loans were closely related to his business operation, and the other two were personal.
To—Loan Amount—Loan Type—Unrecoverable Debt
Written Off Landon’s
Books in Current Year
A—$2,000—Nonbusiness—$1,000
B—$1,000—Nonbusiness—$1,000
C—$3,000—Business—$1,000
D—$5,000—Business—$2,000
The unpaid balance of each loan that is not recoverable has been written off. What is the total maximum tax deduction Landon can take for business and nonbusiness worthless debt in the current year?

A. $5,000

B. $2,000

C. $3,000

D. $4,000

A

$4,000

A partially worthless nonbusiness debt is not deductible (Reg. 1.166-5), and a wholly worthless nonbusiness debt is treated as a loss from the sale or exchange of a capital asset held for 1 year or less, i.e., a short-term capital loss [Sec. 166(d)]. Notice that the Sec. 1211 limit of $3,000 for a capital loss deduction is not reached in this problem since only the loan to B creates a capital loss. Partially worthless business debts may be deducted under Sec. 166(a) to the extent they are specifically written off. Landon’s bad debt deduction is
A $0
B $1,000
C $1,000
D $2,000
Deduction $4,000
Of the loss, $1,000 is a short-term capital loss, and $3,000 is a business bad debt deduction that reduces ordinary income.

65
Q

Which of the following statements is true as it relates to the nonaccrual-experience method of accounting for bad debts?

A. This method can be used only if interest or penalties are charged on late payments.

B. This method is available only for use by cash-basis taxpayers.

C. This method provides that, if accounts receivable are uncollectible, they are not included in gross income for the tax year.

D. This method can be used for amounts earned by selling goods and performing services.

A

This method provides that, if accounts receivable are uncollectible, they are not included in gross income for the tax year.

Under the nonaccrual-experience method of accounting for bad debts, a taxpayer does not have to accrue income that is not expected to be collected. This method applies only to accounts receivable for services the taxpayer performs. This method cannot be used for amounts earned by selling goods or for amounts owed for which the taxpayer charges interest or late penalties. Also, the nonaccrual-experience method does not apply to cash-basis taxpayers.

66
Q

Which of the following may be deducted as a business bad debt by Mr. G, an accrual-basis taxpayer?

A. Worthless loan to his partner, which was used to buy a house.

B. Worthless loan to his sister, who used the proceeds in her business.

C. Worthless trade receivable.

D. Worthless corporate security.

A

Worthless trade receivable.

An accrual-basis taxpayer includes trade receivables in gross income, and a worthless trade receivable is deductible as a business bad debt under Sec. 166(a).

67
Q

Gary Judd is an individual proprietor trading as Lake Stores, an accrual basis enterprise that had been using the allowance method for determining bad debt expense for both book and tax purposes. At December 31, 2019, Lake’s allowance for doubtful accounts (“bad debt reserve”) was $20,000. In Lake’s 2020 budget, it was estimated that $3,000 of trade accounts receivable would become worthless in 2020. However, actual bad debts amounted to $4,000 in 2020. In Lake’s 2020 Schedule C of Form 1040, Lake is allowed

A. A $4,000 deduction for bad debts and does not have to include any portion of the “reserve” in taxable income.

B. A $1,000 deduction for bad debts, which is the excess of actual bad debts over the amount estimated.

C. No deduction for bad debts since these bad debts should be charged against the “reserve.”

D. A $4,000 deduction for bad debts but must also include $5,000 of the “reserve” in taxable income.

A

A $4,000 deduction for bad debts and does not have to include any portion of the “reserve” in taxable income.

An accrual basis taxpayer includes trade receivables in gross income, and a trade receivable is deductible as a business bad debt to the extent it is worthless. The allowance method of deducting bad debts is not allowed, so Gary must use the specific write-off method.

68
Q

Which of the following may be deducted as a business bad debt by Mr. Y, an accrual-basis taxpayer?

A. A worthless loan to his son for college tuition.

B. A partially worthless note from a friend.

C. A worthless corporate security.

D. A worthless note receivable.

A

A worthless note receivable.

An accrual-basis taxpayer includes notes receivable in gross income, and a worthless note receivable is deductible as a business bad debt under Sec. 166(a).

69
Q

Which is a false statement regarding business bad debts?

A. Cash-basis taxpayers can take a deduction for amounts never received or collected.

B. A bad debt can result from a loan to a supplier.

C. The debt does not have to be due to be worthless.

D. A debt can arise from the guarantee of a debt that becomes worthless.

A

Cash-basis taxpayers can take a deduction for amounts never received or collected.

A taxpayer may deduct a loss from a bad debt only if (s)he has a basis in the debt. For this reason, cash basis taxpayers who normally do not report income until it is required are not entitled to deductions for payments they cannot collect. Their loss is represented by the unrecovered expenses incurred in providing the goods or services.

70
Q

With regard to the correct treatment of business bad debts, which of the following statements is false?

A. Jane may deduct only the difference between the amount owed to her by a bankrupt entity and the amount received from the distribution of its assets as a bad debt.

B. Bill can deduct his business bad debt as a short-term capital loss.

C. Tom deducted a bad debt in a prior tax year and later recovered part of it. He may have to include the amount recovered in gross income for the year of recovery.

D. Sally received property in a partial settlement of a debt. She should reduce the debt by the fair market value of the property received. She can deduct the remaining amount as a bad debt in the year she determines it to be worthless and charges it off.

A

Bill can deduct his business bad debt as a short-term capital loss.

A loss from a business debt is an ordinary loss, while a loss from a nonbusiness debt is treated as a short-term capital loss.

71
Q

All of the following statements regarding the nonaccrual-experience method of accounting for bad debts are true EXCEPT

A. This method can be used for amounts to be received that are earned from any source.

B. This method can only be used for amounts to be received that are earned by performing services.

C. Under this method, you do not have to accrue income that you do not expect to collect.

D. This method cannot be used if interest or penalties are required to be paid for late payments.

A

This method can be used for amounts to be received that are earned from any source.

An accrual method of accounting taxpayer meeting certain qualifications may use the nonaccrual-experience method of accounting for bad debts [Sec. 448(d)(5)]. The nonaccrual-experience method may be used only for amounts to be received for the performance of services that would otherwise be included in income. This method may not be used for amounts to be received from activities other than the performance of services. Amounts arising from lending money, selling goods, or acquiring receivables from other parties would not be eligible for treatment under the nonaccrual-experience method.

72
Q

On January 1, Ms. C lent $10,000 to her son to pay tuition expenses for college. Her son repaid $2,000 on July 1, and Ms. C forgave the balance upon her son’s agreement to enter her business. What is the amount and character of the loss that Ms. C may deduct on her individual income tax return?

A. $4,000 short-term capital loss.

B. $8,000 nonbusiness bad debt.

C. $0

D. $4,000 long-term capital loss.

A

$0

A bad debt deduction may be taken only for a bona fide debt arising from a valid debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money [Reg. 1.166-1(c)]. The taxpayer either made a gift to her son of the balance of the debt owed or released the debt in consideration of her son’s agreement to enter the business. Therefore, no bad debt exists, and no deduction is available.

73
Q

Mary, a seamstress, made loans of $5,000 and $1,000 to Buttons & Bows and Thread Bare, respectively. Both of these establishments are partnerships. Mary also made a loan of $2,000 to her cousin Sarah, who was starting her own business as a proprietorship. The loans to both partnerships improved Mary’s business, which was the reason Mary made the loans. If all three loans become uncollectible, what amount may Mary deduct as a business bad debt?

A. $1,000

B. $5,000

C. $2,000

D. $6,000

A

$6,000

Publication 535 states, “A business bad debt is a loss from the worthlessness of a debt that was either
*Created or acquired in your trade or business, or
*Closely related to your trade or business when it became partly or totally worthless.
A debt is closely related to your trade or business if your primary motive for incurring the debt is business related. . . . If you make a loan to a client, supplier, employee, or distributor for a business reason and it becomes worthless, you have a business bad debt.” The loans to both partnerships improved Mary’s business, so they are deductible. However, Mary’s loan to Sarah is not deductible because it was made for personal reasons instead of business reasons.

74
Q
Dr. K, a dentist and calendar-year taxpayer, has consistently reported income and expenses from his business on the cash basis. All cash and checks he receives are deposited and included in income. K’s records for the current year reflect the following information:
Uncollectible receivables
$2,000
Patients’ uncollectible returned checks
$500
Recovery of an uncollectible
receivable from 3 years ago
$1,000
Business-related loan to a supplier
that became totally worthless
$3,000
What is the amount of K’s bad debt expense for the current year?

A. $4,500

B. $2,500

C. $5,500

D. $3,500

A

$3,500

Dr. K has consistently reported income and expenses on the cash basis, and cash and checks received are deposited and included in income. Therefore, the $2,000 in accounts receivable has not been included in income, and accordingly, no deduction will arise from uncollectible receivables. The recovery of an uncollectible receivable from 3 years ago of $1,000 will be included in income and will not be netted against bad debt expense. Bad debt expense for the current year will be $3,500; the $500 in returned checks has been included in income, so a bad debt deduction is proper, and the $3,000 business bad debt is also deductible.

75
Q

Horse and Carriage Partnership distributed the following gifts to their clients:
*100 clipboards imprinted with its company logo, valued at $3 each ($300)
*50 bottles of wine to clients who had orders over $50,000 in the current year, costing $35 each ($1,750) at Christmas
The amount that Horse and Carriage Partnership can deduct for business gifts for the year is

A. $1,750

B. $300

C. $1,550

D. $2,050

A

$1,550

Deductions for business gifts, whether made directly or indirectly, are limited to $25 per recipient per year. However, items clearly of an advertising nature, such as clipboards with the company name, that cost $4 or less do not figure in the $25 limitation. The clipboards costing $3 are fully deductible. The 50 bottles of wine are deductible up to $25 each, for a total amount of $1,250 (50 bottles at $25 each). Thus, the total amount of deductible business gifts is $1,550 ($300 + $1,250).

76
Q

Kevin, a single taxpayer, has a taxable income of $326,600. His share of the income from a law firm LLC is $50,000, and his share of W-2 wages is $70,000. What is Kevin’s deductible QBI amount for the law firm LLC?

A. $326,600

B. $35,000

C. $65,320

D. $0

A

$0

The law firm is a specified service trade or business from which the taxpayer is not allowed to claim the deduction when taxable income exceeds the upper threshold. Because Kevin has a taxable income greater than $213,300, the disallowance rule applies. Thus, Kevin is not allowed a QBI deduction.

77
Q

With regard to other business expenses for the current year, which of the following statements is false?

A. Expenses incurred in the communication of information between a taxpayer and a trade or business organization, of which the taxpayer is a member, concerning legislation of direct interest to both parties are deductible business expenses.

B. Payments made by a physician to another physician in consideration of the referral of a Medicare patient are deductible business expenses.

C. Insurance expense on a company vehicle is deductible.

D. Legal expenses paid primarily for the purpose of preserving existing goodwill are deductible as business expenses.

A

Payments made by a physician to another physician in consideration of the referral of a Medicare patient are deductible business expenses.

The payments made by a physician to another physician in consideration of the referral of a Medicare patient are not deductible business expenses. In general, bribes and kickbacks, including Medicaid and Medicare referrals, are not deductible business expenses.

78
Q

Which of the following penalties paid by Castle Construction Partnership is deductible?

A. A penalty for late performance of a contract.

B. A penalty for late filing of Form 1065, U.S. Return of Partnership Income.

C. A penalty for violating the state maximum highway weight law.

D. A penalty paid to the city for violating the city’s housing codes.

A

A penalty for late performance of a contract.

Penalties paid for late performance or nonperformance of a contract are generally deductible. However, penalties or fines paid to any government agency or instrumentality due to a violation of the law are not deductible.

79
Q

During the current year, Frank gave the following gifts to business clients. (Note: None of the employees of the receiving companies were to receive more than one gift.)
100 pens with Frank’s company name imprinted on them, valued at $4 each, to Corporation X
$400
25 bottles of wine valued at $30 each to Corporation Y
$750
Wrapping for the 25 bottles of wine
$50
15 floral arrangements valued at $25 each to Z Company
$375
The amount that Frank can deduct for business gifts for the current year is

A. $1,400

B. $1,575

C. $1,450

D. $1,250

A

$1,450

Deductions for business gifts, whether made directly or indirectly, are limited to $25 per recipient per year. However, items clearly of an advertising nature, such as pens embossed with the company name, that cost $4 or less do not figure in the $25 limitation. Since none of the employees of the receiving companies were to receive more than one gift, each gift given to each company employee is deductible up to $25. The pens costing $4 each are completely deductible. The 25 bottles of wine are deductible up to $25 each, or an amount of $625 (25 bottles at $25 each). The wrapping is completely deductible because incidental costs such as gift wrapping, mailing, and delivery of gifts and certain imprinted gift items costing $4 or less are excluded. The floral arrangements are also fully deductible. The total amount of deductible business gifts is $1,450 [$400 + $625 (25 bottles at $25 each) + $50 + $375].

80
Q

Which of the following conditions must apply in order for Social Security and Medicare tax withholding to be required?
I. The service contract states or implies that substantially all the services are to be performed personally by the statutory employees.
II. The statutory employees do not have a substantial investment in the equipment and property used to perform the services (other than an investment in transportation facilities).
III. The services are performed on a continuing basis for the same payer.

A. I, II, and III.

B. III.

C. II.

D. I.

A

I, II, and III.

Payers withhold Social Security and Medicare taxes from the wages of statutory employees if all three of the following conditions apply.
The service contract states or implies that substantially all the services are to be performed personally by the statutory employees.
The statutory employees do not have a substantial investment in the equipment and property used to perform the services (other than an investment in transportation facilities).
The services are performed on a continuing basis for the same payer.

81
Q

Kelsey Cowan, an independent salesperson, uses her home office to regularly and exclusively set up appointments, store product samples, and write up orders and other reports for the companies whose products she sells. Kelsey makes most of her sales to customers by telephone or mail from her home office. Kelsey spends an average of 30 hours a week working at her home office and 12 hours a week visiting prospective customers to deliver products and occasionally take orders. Which of the following expenses attributable to the office may Kelsey claim on her current year’s Schedule C?
I. Office phone
II. Office supplies
III. Homeowners insurance

A. I, II, and III.

B. I and II only.

C. II and III only.

D. I and III only.

A

I, II, and III.

Business expense of an office located in a taxpayer’s residence is deductible if the office is used exclusively and on a regular basis as the taxpayer’s principal place of business (Sec. 280A). For tax years beginning after December 31, 1998, a home office qualifies as a principal place of business if (1) the office is used by the taxpayer to conduct administrative or management activities of the taxpayer’s trade or business, and (2) there is no other fixed location of the trade or business where the taxpayer conducts substantial administrative or management activities for the trade or business.

82
Q

John, a single taxpayer, has taxable income of $303,000. He owns a qualified sole proprietorship that generated $100,000 of qualified business income (QBI) and paid no wages. The sole proprietorship has a qualified property with an unadjusted basis of $50,000. What is the QBI deductible amount John can claim for the sole proprietorship?

A. $10,000

B. $60,600

C. $1,250

D. $50,000

A

$1,250

Because John’s taxable income is greater than $213,300, the W-2/qualified property limit applies. Thus, for the sole proprietorship, the deductible amount is limited to the lesser of (1) 20% of QBI, $20,000 ($100,000 × 20%), or (2) 2.5% of the unadjusted basis of qualified property, $1,250 ($50,000 × 2.5%). Thus, John can claim $1,250 under the Sec. 199A deduction for the sole proprietorship.

83
Q

Kilgore is a self-employed flight instructor who assists in the writing of aviation books. She uses a room in her apartment as an office for her writing, and it constitutes her place of business. It is also used to store personal effects and as an occasional second bedroom. It takes up 25% of the space of the apartment and is used 50% of the time as an office. Kilgore’s rent is $400 per month and utilities are $50 per month. How much may Kilgore deduct for this office?

A. $675

B. $1,350

C. $2,700

D. $0

A

$0

Under Sec. 280A, no deduction is allowable with respect to a dwelling unit used during the year as a residence. There is an exception for regular and exclusive use of a portion of the dwelling unit as a principal place of business of the taxpayer. In this case, Kilgore did not use the bedroom exclusively as an office; therefore, no deduction is allowable.
If Kilgore had used the bedroom exclusively as an office, a ratable portion of the rent and utilities would be deductible since it met the requirements for being her principal place of business.

84
Q
The following information is for a taxpayer that met the requirements for deducting expenses for the business use of 20% of the taxpayer’s home:
Gross income
$6,000
Mortgage interest and real estate taxes
$15,000
Business expenses not related to the use of the home (business phone, supplies, and depreciation on equipment)
$2,000
Maintenance, insurance, and utilities
$4,000
Depreciation
$8,000
How much depreciation is allowed for the current year?

A. $1,600

B. $8,000

C. $200

D. $1,000

A

$200

The deduction of otherwise nondeductible expenses, with depreciation taken last, is limited to gross income minus those allowed regardless of business or personal use and those allocable to the trade or business that are not home office expenses. Any amount in excess of the limit may be carried over.

Gross income from business
$6,000
Minus:
Deductible mortgage interest and real estate taxes (20%)
$3,000
Business expenses not related to the use of the home (100%) (business phone, supplies, and depreciation on equipment)
$2,000
Deduction limit
$1,000
Minus other expenses allocable to business use of home:
Maintenance, insurance, and utilities (20%)
$800
Depreciation allowed (20% = $1,600 allowable, but subject to balance of deduction limit)
$200
Other expenses up to the deduction limit
$1,000
Depreciation carryover ($1,600 – $200)
$1,400

85
Q

Jennifer Lloyd sells products to John Smith Co. She gave the firm five packages of cashews to thank five employees for the referrals. Ms. Lloyd paid $75 for each package. How much can she deduct for the gifts on her tax return?

A. $375

B. $125

C. $188

D. None of the answers are correct.

A

$125

Deductions for business gifts, whether made directly or indirectly, are limited to $25 per recipient per year. Since Jennifer gave five gifts to five employees, she is allowed to deduct $25 per recipient, or $125.

86
Q

All of the following “Sec. 197 intangibles” acquired after August 10, 1993, must be amortized over 15 years EXCEPT a

A. Patent that you created, but not in connection with the acquisition of assets constituting a trade or business or a substantial part of a trade or business.

B. Covenant not to compete entered in connection with the acquisition of an interest in a trade or business.

C. Governmental license including renewals.

D. Fast food franchise.

A

Patent that you created, but not in connection with the acquisition of assets constituting a trade or business or a substantial part of a trade or business.

Under Sec. 197, the cost of acquiring any intangible assets, including non-compete covenants, is amortizable over a 15-year period, beginning in the month of acquisition. The actual useful life of the covenant is ignored. Section 197(c)(2) states that, generally, a Sec. 197 intangible created by the taxpayer is not amortizable unless it is created in connection with a transaction or series of related transactions that involves the acquisition of assets constituting a trade or business or a substantial part of a trade or business.

87
Q

Dino and Virgil operated a service station for many years as a partnership. In the current year, they purchased a vacant service station and land at a better location and moved their business to the new location. As a result of the move, Dino and Virgil incurred the following related expenses:
Cost of land and building at new location
$150,000
Cost to move and install the existing
machinery, equipment, etc., from old
location to new location
$10,000
Environmental costs to clean up old
location contamination
$35,000
How much of the expenses shown above can Dino and Virgil currently deduct (not considering depreciation or Sec. 179 applicability) as an expense on their partnership income tax return?

A. $45,000

B. $0

C. $35,000

D. $10,000

A

$10,000

Land is a business asset that must be capitalized. Environmental clean-up costs are treated as land and capitalized. The cost of moving machinery from one location to a new location is deductible as a business expense.

88
Q

When taxable income exceeds the upper threshold limit, for each qualified trade or business, the QBI deductible amount with respect to the qualified trade or business is limited to the lesser of 20% of the taxpayer’s qualified business income (QBI) or

A. The lesser of 50% of the W-2 wages with respect to the specified service trade or business or 20% of the W-2 wages with respect to the specified service trade or business plus 5% of the unadjusted basis immediately after acquisition of all qualified property.

B. The greater of 50% of the W-2 wages with respect to the qualified trade or business or 25% of the W-2 wages with respect to the qualified trade or business plus 2.5% of the unadjusted basis immediately after acquisition of all qualified property.

C. The lesser of 50% of the W-2 wages with respect to the qualified trade or business or 25% of the W-2 wages with respect to the qualified trade or business plus 2.5% of the adjusted basis of all qualified property.

D. The greater of 50% of the W-2 wages with respect to the qualified trade or business plus 2.5% of the unadjusted basis immediately after acquisition of all qualified property or 25% of the W-2 wages with respect to the qualified trade or business.

A

The greater of 50% of the W-2 wages with respect to the qualified trade or business or 25% of the W-2 wages with respect to the qualified trade or business plus 2.5% of the unadjusted basis immediately after acquisition of all qualified property.

For each qualified trade or business of a taxpayer, the deductible amount is limited to the lesser of (1) 20% of the taxpayer’s QBI with respect to the qualified trade or business or (2) the W-2 wages/qualified property limit, which is the greater of (a) 50% of the W-2 wages with respect to the qualified trade or business or (b) 25% of the W-2 wages with respect to the qualified trade or business plus 2.5% of the unadjusted basis immediately after acquisition of all qualified property.

89
Q

Ted Travel is an independently contracted salesperson. His only office is a converted detached garage at his home, used regularly and exclusively to set up appointments, store product samples, and write up orders and other reports for the companies whose products he sells. Travel’s business is selling products to customers at various locations within the metropolitan area where he lives. To make these sales, he regularly visits the customers to explain the available products and to take orders. Ted makes only a few sales from his home office. Ted spends an average of 30 hours a week visiting customers and 12 hours a week working at his home office. Which of the following expenses allocable to Travel’s office is (are) deductible?

A. All of the answers are correct.

B. Real property insurance.

C. Real property purchase money mortgage interest.

D. Real property depreciation.

A

All of the answers are correct.

For a taxpayer to deduct expenses for the business use of his or her home under Sec. 280A, the taxpayer must use part of the home exclusively and regularly (1) as the principal place of business for the trade or business; (2) as a place to meet or deal with patients, clients, or customers in the normal course of the trade or business; or (3) in connection with the trade or business, if a separate structure is used that is not attached to the home. A home office qualifies as a principal place of business if (1) the office is used by the taxpayer to conduct administrative or management activities of the taxpayer’s trade or business and (2) there is no other fixed location of the trade or business where the taxpayer conducts substantial administrative or management activities of the trade or business. Since Travel is using a separate structure not attached to his home, regularly and exclusively, in connection with his business, he may deduct expenses allocable to the business use of his home.

90
Q

Sherry operated a business from her personal residence during the year. She used 20% of the residence exclusively for business purposes. Her net income (before taking into account expenses of the home) from her business operation was $3,000. Sherry incurred the following expenses relating to the business portion of her residence:
Interest on residence
$7,000
Taxes on residence
$4,000
20% of maintenance, insurance, utilities on residence
$600
Allowable depreciation on business portion of residence
$1,800
What is Sherry’s depreciation deduction with respect to her residence?

A. $1,000

B. $1,800

C. $360

D. $200

A

$200

Under Sec. 280A, a deduction for the business use of a dwelling unit also used as a residence is allowed only if a portion of the unit is used exclusively on a regular basis as the principal place of business or as a place of business to meet with patients or customers, or if it is a separate structure that is used in connection with the taxpayer’s trade or business.
The expenses of the residence must be apportioned based on the area used exclusively for business. Sherry’s business portion is 20%. However, the business deduction is limited to net income from the business activity (not taking into account expenses of the home) less the expenses deductible regardless of the business activity, e.g., interest and taxes. Under Prop. Reg. 1.280A-2(i)(5), expenses deductible only as a result of business use that are not adjustments to basis are deducted first, and then those business deductions affecting basis (e.g., depreciation) are deducted.

Net income
$ 3,000 
Mortgage interest ($7,000 × 20%)
$(1,400)
Taxes ($4,000 × 20%)
$(800)
20% of maintenance, insurance, utilities
$(600)
Limitation on depreciation
$200
91
Q

According to common law rules, which of the following is NOT one of the three factors employers must consider when determining whether a worker is an employee or independent contractor?

A. Behavioral.

B. Type of relationship.

C. Influence.

D. Financial.

A

Influence.

Influence is not one of the three factors that employers must consider when determining whether a worker is an employee or independent contractor. The three factors are behavioral, financial, and type of relationship.

92
Q

Which of the following items are included in qualified business income (QBI)?

A. Allocable losses associated with a qualified trade or business.

B. Short-term capital losses.

C. Pre-2018 previously disallowed losses or deductions that are allowed in the current year.

D. Guaranteed payments paid for services rendered with respect to a qualified trade or business.

A

Allocable losses associated with a qualified trade or business.

QBI includes any items of income, gain, deduction, and loss to the extent that such items are effectively connected with the conduct of a trade or business within the United States and are included or allowed in determining taxable income for the taxable year.

93
Q

Mr. Lamar, a salesperson, gave a ticket to a sporting event to Mr. Bennett, who is one of his customers. The ticket cost $10. Later in the same year, Mr. Lamar gave a $27 sweater to Mrs. Bennett as a birthday gift. There is no business relationship between Mr. Lamar and Mrs. Bennett. How much can Mr. Lamar deduct as a gift expense?

A. $37

B. $25

C. $27

D. $10

A

$25

Deductions for business gifts, whether made directly or indirectly, are limited to $25 per recipient per year. Although Mr. Lamar gave Mr. Bennett $37 worth of gifts, only $25 is deductible.

94
Q

Regarding “other” business expenses of owners, all of the following statements are correct EXCEPT

A. You may deduct your own education expenses, including certain related travel that is related to your trade or business.

B. Legal fees paid to acquire a new office building must be added to the basis of the building and recovered through depreciation.

C. Penalties you pay for late performance or nonperformance of a contract are generally deductible.

D. The cost of a license granted by a governmental unit or agency including issuances and renewals is an immediately deductible business expense.

A

The cost of a license granted by a governmental unit or agency including issuances and renewals is an immediately deductible business expense.

A license granted by a governmental unit or agency including issuances and renewals is a Sec. 197 intangible. These licenses are to be capitalized and then amortized.

95
Q

Certain sales agents are classified as independent contractors for purposes of employment taxes. To which of the following does this safe harbor NOT apply?

A. Seller of consumer goods in the home to a buyer for resale.

B. Seller whose remuneration is based on hours worked.

C. Seller of consumer goods in the home, not for resale.

D. Licensed real estate agent.

A

Seller whose remuneration is based on hours worked.

A safe harbor is provided for certain real estate agents and direct sellers to be classified as independent contractors, but the seller’s remuneration must be directly related to the sales or output and not be based on hours worked (Sec. 3508).

96
Q

Tyler and Ross are married, have taxable income of $431,200, and own a partnership together. They have qualified business income (QBI) of $334,600 from the partnership and do not have any qualified property. The partnership pays a total of $127,500 in W-2 wages. What is Tyler and Ross’s QBID allowed amount for the partnership?

A. $66,920

B. $86,240

C. $63,750

D. $33,460

A

$63,750

Because Tyler and Ross do not have any qualified property, the QBID allowed amount for this qualified trade or business is limited to the lesser of 20% of the taxpayer’s QBI with respect to the qualified trade or business or 50% of the W-2 wages with respect to the qualified trade or business. Because their taxable income of $431,200 is greater than $426,600, the W-2 wages/qualified property limit needs to be considered. Thus, their deduction is limited to the lesser of 20% of QBI ($66,920) or 50% of W-2 wages with respect to the partnership ($63,750). Tyler and Ross can claim a deduction of $63,750.

97
Q

Zachary owns 40% of an S corporation that pays him $70,000 of wages and $10,000 of dividends and allocates him $89,000 of income. What is Zachary’s qualified business income (QBI)?

A. $70,000

B. $89,000

C. $99,000

D. $159,000

A

$89,000

QBI is the net amount of income, gain, deduction, and loss with respect to any qualified trade or business of the taxpayer conducted within the United States and included or allowed in determining taxable income for the taxable year.

98
Q

Payers withhold Social Security and Medicare taxes from the wages of statutory employees if which of the following conditions apply:
I. The service contract states or implies that substantially all the services are to be performed personally by the statutory employees.
II. The statutory employees do not have a substantial investment in the equipment and property used to perform the services (other than an investment in transportation facilities).
III. The services are performed on a continuing basis for the same payer.

A. I and III only.

B. I, II, and III.

C. I only.

D. II and III only.

A

I, II, and III.

Payers withhold Social Security and Medicare taxes from the wages of statutory employees if all three conditions apply.

99
Q

Which of the following is a true statement about the exclusive-use test for business use of a home?

A. A wholesaler whose sole location of the business is the wholesaler’s home must meet the exclusive-use test.

B. Generally, any personal use of the business portion of the home by anyone results in complete disallowance of the deductions.

C. A retailer whose sole location of the business is the retailer’s home must meet the exclusive-use test.

D. If the business portion of a home is used to offer qualifying day care, the exclusive-use test must be met.

A

Generally, any personal use of the business portion of the home by anyone results in complete disallowance of the deductions.

Any personal use of the business portion of the home by anyone results in complete disallowance of the deductions. There are two exceptions to the exclusive-use test:

  1. A retailer or wholesaler whose sole location of the business is the retailer’s/wholesaler’s home need not meet the exclusive-use test.
  2. If the business portion of a home is used to offer qualifying day care, the exclusive-use test need not be met.
100
Q
Mr. Henson uses 20% of his home regularly and exclusively for business purposes. The space constitutes his principal place of business. Mr. Henson’s net income from his business operation (before taking into account expenses of his home) is $1,000. He had the following total expenses on his home:
Taxes
$1,800
Interest
$2,400
Insurance
$450
Utilities
$350
Depreciation
$1,400
How much can Mr. Henson deduct for his home office as an expense for his business?

A. $160

B. $1,280

C. $1,000

D. $840

A

$1,000

Section 280A disallows a business expense deduction for an office located in the taxpayer’s residence unless the office is used exclusively and on a regular basis as the taxpayer’s principal place of business or as a place of business to meet with patients, clients, or customers. In addition, the allowable business expense deduction may not exceed the excess of the net income from the business activity (not taking into account expenses of the home) over the deductions allowable whether or not the home was used for business purposes, e.g., interest and taxes.
Net income
$1,000 
Less expenses allowable whether
or not home is used for business:
   Taxes
$1,800
   Interest
$2,400

$4,200 × 20% = (840)
Mr. Henson’s allowable deductions
$160
The total allowable deductions are $1,000 ($840 taxes and interest + $160 insurance and utilities). No deduction is available for any of the depreciation since the insurance and utilities allocable to the office [($450 + $350) × 20% = $160] exactly equal the $160 amount of other deductions that can be deducted [Prop. Sec. 1.280A-2(i)].

101
Q

If an employer has a reasonable basis for not treating a worker as an employee, the employer may be

A. Required to pay taxes for that worker.

B. Relieved from having to pay taxes for that worker.

C. Required to file Form 8919 for that worker.

D. Relieved from filing federal information returns.

A

Relieved from having to pay taxes for that worker.

If an employer has a reasonable basis for not treating a worker as an employee, the employer may be relieved from having to pay taxes for that worker. To get this relief, the employer must file all required federal information returns on a basis consistent with the employer’s treatment of the worker. The employer must not have treated any worker holding a substantially similar position as an employee for any period beginning after 1977.

102
Q

Derek Dunn received three employee achievement awards during the year: a nonqualified plan award of a watch that cost $250 and two qualified plan awards consisting of a computer that cost $1,500 and a radio that cost $400. What amount, if any, may the employer deduct for each qualified plan award?

A. $1,600

B. $2,150

C. $1,900

D. $0

A

$0

Employers may deduct up to $400 in employee achievement awards as part of a nonqualified plan. The total limit is $1,600 for qualified plans. However, the award plan is not qualified since the average award is $717 [($250 + $1,500 +$400) ÷ 3], which exceeds the $400 limit. Therefore, the qualified plan deductible amount is $0. However, the employer may still take a $400 unqualified plan deduction.

103
Q

Mr. R is a self-employed over-the-road trucker who uses the cash method of accounting. Which one of the following expenses paid during the current year would be deductible on Mr. R’s Schedule C?

A. Fine for speeding in business truck paid to City A.

B. Contribution to Bull Moose political party in an attempt to receive a trucking contract.

C. Penalty for late delivery of cargo paid to Corporation V.

D. Overweight fine paid to State B.

A

Penalty for late delivery of cargo paid to Corporation V.

Although fines and penalties paid to a government are generally not deductible, the payment of a penalty for nonperformance of a contract is generally deductible. This penalty usually represents damages that one contracting party was willing to incur in order to avoid performing under the contract. This is a business decision, and the damages are deductible under Sec. 162(a).

104
Q

Michele owns and operates her own business as a sole proprietorship. During the current year, she gave the following gifts to business clients. None of the employees of the receiving companies were to receive more than one gift.
50 desk sets imprinted with her company’s name valued at $4 each to Company A
$200
20 bottles of wine valued at $20 each to Company B
$400
20 floral arrangements at a cost of $30 each to Company C
$600
50 watches at a cost of $25 each to Company D
$1,250
Engraving the sole proprietorship’s name on watches to Company D
$100
What is the amount of business gifts Michele can deduct for the current year?

A. $2,750

B. $2,650

C. $2,350

D. $2,450

A

$2,450

Deductions for business gifts, whether made directly or indirectly, are limited to $25 per recipient per year. Since none of the employees of the receiving companies were to receive more than one gift, each gift to each company employee is deductible up to $25. The engraving is completely deductible because incidental costs such as gift wrapping, mailing, and delivery costing $4 or less are excluded. The amount of deductible business gifts is $2,450 [$200 + $400 + $500 (20 floral arrangements at $25 each) + $1,250 + $100].

105
Q

On November 15, 2020, Partnership Z paid $10,000 in accounting and legal fees to prepare and file the partnership agreement. The partnership began business on December 1, 2020. Which of the following is a permissible election for treatment of the $10,000 payment?
A. Amortize $10,000 over a 5-year period.
B. Deduct $5,000 and amortize the remaining $5,000 over 180 months.
C. Deduct $10,000.
D. Deduct $5,000 and amortize the remaining $5,000 over a 5-year period.

A

Deduct $5,000 and amortize the remaining $5,000 over 180 months.

A limited amount of organizational costs are deductible in the current period. The remaining balance is capitalized and amortized proportionally over the 180-month (15-year) period beginning with the month in which the active trade or business begins. Examples of organizational costs include drafting a corporate charter or partnership agreement, by-laws, minutes of organizational meetings, accounting services, and fees paid to the state. Taxpayers can deduct up to $5,000 of organizational expenditures in the taxable year in which the business begins. Thus, $5,000 would be deductible in 2020, and the remaining $5,000 would be amortized over 180 months (15 years).

106
Q

William Roberts sells products to unrelated XYZ Corporation. He gave XYZ five cheese packages to thank them for their business. Mr. Roberts paid $100 for each package for a total of $500. Five of the XYZ Corporation executives took the packages home. How much can William deduct for the gifts?

A. $125

B. $500

C. $250

D. $0

A

$125

Deductions for business gifts, whether made directly or indirectly, are limited to $25 per recipient per year. Since William gave five gifts to five executives, he is allowed to deduct $25 per recipient, or $125.

107
Q

Which of the following does NOT describe a direct seller?

A. Persons engaged in the trade or business of delivering or distributing newspapers or shopping news.

B. Persons engaged in selling consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis prescribed by regulations for resale in the home or at a place of business other than in a permanent retail establishment.

C. Persons engaged in selling consumer products in a home or place of business other than in a permanent retail establishment.

D. Persons engaged in appraisal activities for real estate sales who earn income based on sales or other output.

A

Persons engaged in appraisal activities for real estate sales who earn income based on sales or other output.

Persons engaged in appraisal activities for real estate sales who earn income based on sales or other output are classified as licensed real estate agents, not direct sellers. Direct selling includes activities of individuals who attempt to increase direct sales activities of their direct sellers and who earn income based on the productivity of their direct sellers. Such activities include providing motivation and encouragement; imparting skills, knowledge, or experience; and recruiting.

108
Q

B, a barber, is a sole proprietor who uses a room in his residence regularly and exclusively to meet with customers in the normal course of his trade or business throughout Year 1. B determines that the room is 350 sq. ft. and has a cost basis of $10,000. B placed the room in service on January 1, Year 1. B depreciates the room under Sec. 168 as nonresidential real property using the optional depreciation table that corresponds with the general depreciation system, the straight-line method of depreciation, a 39-year recovery period, and the mid-month convention. During the year, B earns $9,000 of gross income from the business and pays the following business expenses:

Supplies
$1,500
Advertising
$800
Professional fees
$300
Magazines/Subscriptions
$700
Postage
$100
Total
$3,400

B also pays the following expenses related to his home during the year:

Mortgage interest
$10,000
Real property taxes
$3,000
Homeowners’ insurance
$1,500
Utilities
$2,400
Repairs
$900
Total
$17,800

Using the simplified option, what amount will B report on Schedule C as “Expenses for business use of your home . . . ”?

A. $13,000

B. $3,400

C. $1,500

D. $0

A

$1,500

There are three categories of deductions for taxpayers using all or a portion of their home for business:
1. Itemized deductions
2. Ordinary and necessary business expenses that are unrelated to the qualified business use
3. Expenses for business use of a home
If the simplified option is selected for the third category (i.e., expenses for business use of a home), the taxpayer simply multiplies the square footage of the business-use portion (maximum of 300 sq. ft.) by $5. B’s simplified option expenses for business use of his home is $1,500 (300 sq. ft. × $5). No deduction for depreciation is allowed under the simplified option.

109
Q

Which of the following statements about qualified business income (loss) in relation to QBID is correct?

A. The net amount of qualified income, gain, deduction, and loss is always greater than zero.

B. If the net amount of qualified income, gain, deduction, and loss is less than zero, the loss must be carried over to the next year.

C. If the net amount of qualified income, gain, deduction, and loss is less than zero, the loss must be carried back to the prior year.

D. If the net amount of qualified income, gain, deduction, and loss is greater than zero, the deduction must be carried over to the next year.

A

If the net amount of qualified income, gain, deduction, and loss is less than zero, the loss must be carried over to the next year.

If the net amount of qualified income, gain, deduction, and loss is less than zero, the loss must be carried over to the next year.

110
Q

Lee repairs high-speed looms for Sew Corp., a clothing manufacturer. Which of the following circumstances best indicates that Lee is an employee of Sew and NOT an independent contractor?

A. Lee’s tools are owned by Lee.

B. Lee’s work is not supervised by Sew personnel.

C. Lee’s work requires a high degree of technical skill.

D. Lee is paid weekly by Sew.

A

Lee is paid weekly by Sew.

An employee is any person who is hired by another person or business for a wage or fixed payment in exchange for personal services and who does not provide these services as part of an independent business. Additional characteristics of employment are determined on a case-by-case basis. Thus, weekly payment is the best indicator that Lee is an employee.

111
Q
Mr. Langley uses 30% of his home regularly and exclusively for business purposes. Mr. Langley’s net income from his business operation (before taking into account expenses of the home) is $3,500. His total household expenses for the year are
Utilities
$2,500
Depreciation
$8,000
Insurance
$600
Taxes
$1,600
Interest
$4,000
What is the allowable deduction for the business use of Mr. Langley’s home in addition to amounts otherwise deductible?

A. $5,010

B. $3,500

C. $1,820

D. $0

A

$1,820

Since Mr. Langley uses 30% of his residence exclusively for business purposes, he may deduct 30% of the expenses of his residence plus any expenses directly applicable to the business. The deduction is limited to the excess of the net income derived from his business activity (not taking into account expenses of the home) over the deductions allowable whether or not the home was used for business purposes, e.g., interest and taxes. This limit is $1,820 as computed below. Since the other home expenses are $3,330 ($750 utilities + $180 insurance + $2,400 depreciation), he will have a $1,510 ($3,330 – $1,820) expense carryover to the next year with no profit or loss from the business in the current year.
Net income
$3,500 
Less:
Interest ($4,000 × 30%)
$(1,200)
Taxes ($1,600 × 30%)
$(480)
Limit on other deductions
$1,820
112
Q
Mr. G, a plumber, owns his own building, which he uses exclusively in his business. On January 1 of the previous year, Mr. G purchased a residence and began using the entire basement as an office and workshop for his business. The basement constitutes his principal place of business. The size of Mr. G’s residence is 2,000 square feet, including the basement, which has an area of 800 square feet. During the current year, Mr. G’s net income attributable to the business use of his home (before taking into account expenses of the home) was $10,000. In addition, Mr. G incurred the following costs with respect to his residence:
Mortgage interest
$15,000
Real estate taxes
$2,500
Utilities
$2,000
Insurance and maintenance expenses
$2,500
Assuming $1,500 of depreciation on the basement portion each year, what is Mr. G’s depreciation deduction with respect to his residence under the regular method of home office deduction?

A. $1,364

B. $1,500

C. $1,456

D. $1,200

A

$1,200

Under Sec. 280A, a deduction for the business use of a dwelling unit also used as a residence is allowed only if a portion of the unit is used exclusively on a regular basis as the principal place of business or as a place of business to meet with patients or customers, or if it is a separate structure that is used in connection with the taxpayer’s trade or business.
The expenses of the residence must be apportioned based on the area used exclusively for business. Mr. G’s business portion is 40% (800 ÷ 2,000 feet). However, the business deduction is limited to net income from the business activity (not taking into account expenses of the home) less the expenses deductible regardless of the business activity, e.g., interest and taxes. Under Prop. Reg. 1.280A-2(i)(5), expenses deductible only as a result of business use that are not adjustments to basis are deducted first, and then those business deductions affecting basis (e.g., depreciation) are deducted.

Net income
$10,000 
Mortgage interest ($15,000 × 40%)
$(6,000)
Taxes ($2,500 × 40%)
$(1,000)
Utilities ($2,000 × 40%)
$(800)
Insurance and maintenance ($2,500 × 40%)
$(1,000)
Limitation on depreciation
$1,200
113
Q

Tom owns a domestic sole proprietorship that allocates $55,000 of income to him and pays $30,000 of wages to employees. He also owns 30% of a foreign trust that allocates $60,000 of income to him and pays him $50,000 of wages. Neither the sole proprietorship nor the trust are specified service businesses. What is the total amount of qualified business income (QBI) for Tom?

A. $110,000

B. $12,000

C. $55,000

D. $85,000

A

$55,000

Qualified business income are items of income, gain, deduction, and loss to the extent such items are effectively connected with the conduct of a trade or business within the United States; it does not include wages and foreign income. Thus, Tom has qualified business income of $55,000.

114
Q
AMJ Enterprises is a small book publisher. It incurred the following as its miscellaneous expenses:
Bank service charges
$70
Office supplies
$100
Advertising
$600
Fees to attorneys and CPAs
$2,400
Interest for the entire period of a 5-year
loan taken out on January 1
$2,500
How much of the above may AMJ Enterprises deduct for the current year?

A. $5,670

B. $770

C. $3,670

D. $3,570

A

$3,670

Professional fees are deductible under Sec. 162, the same as compensation to an employee, provided they are reasonable in amount. Advertising and bank service charges are deductible as general expenses. Office supplies are also deductible under Reg. 1.162-3. Section 461(g) requires prepaid interest to be capitalized and allocated to the periods to which it relates. Since the interest was prepaid for 5 years, only one-fifth of the interest may be deducted in the current year.
Bank service charges
$70
Office supplies
$100
Advertising
$600
Professional fees
$2,400
Interest ($2,500 × 1/5)
$500
Deductible business expenses
$3,670
115
Q

Mr. Garland, a self-employed seafood wholesaler, arranged a business meeting with his five principal clients during the current year. The night the clients arrived in town, Mr. and Mrs. Garland entertained the clients and their spouses at their home. The cost of the food and beverages was $800. As each client left, they were given a cheese and fruit basket, which cost $80 each. The business meeting was held the next day at Mr. Garland’s office. Assuming no other similar expenses during the current year, what amount can Mr. Garland deduct as a business expense for the current year?

A. $125

B. $0

C. $525

D. $400

A

$525

The meal expense deductible is $400 (50%), and the deduction for gifts to clients is limited to $25 per person. Here, the Garlands gave each of five clients an $80 gift. The Garlands may deduct $125 of this $400 gift expense.

116
Q

Shirley, a single taxpayer, has taxable income of $150,000. She has qualified business income (QBI) of $50,000 and no qualified property. The qualified business paid a total of $15,000 in wages. Under Sec. 199A, what is Shirley’s deductible amount for the qualified business?

A. $9,975

B. $10,000

C. $7,500

D. $15,000

A

$10,000

Because Shirley’s taxable income of $150,000 is less than $163,300, the W-2 wages/qualified property limit does not apply. Therefore, the deductible amount equals 20% of QBI, or $10,000.

117
Q

Which of the following is true concerning the Voluntary Classification Settlement Program (VCSP)? The VCSP

A. Is a program to reclassify workers as independent contractors.

B. Is a program to reclassify workers as employees.

C. Is a required program.

D. Provides complete relief from federal employment taxes.

A

Is a program to reclassify workers as employees.

The VCSP is an optional program that provides taxpayers with an opportunity to reclassify their workers as employees for future tax periods for employment tax purposes with partial relief from federal employment taxes for eligible taxpayers that agree to prospectively treat their workers (or a class or group of workers) as employees. To participate in this voluntary program, the taxpayer must meet certain eligibility requirements; apply to participate in the VCSP by filing Form 8952, Application for Voluntary Classification Settlement Program; and enter into a closing agreement with the IRS.

118
Q

On New Year’s Eve, Hal sent three bottles of champagne to the three owners of the Day & Night Cleaners to thank them for their business during the year. Each bottle of champagne cost $75. Each of the owners took the champagne home. Earlier in the year, Hal had given a video game to the son of one of the owners. The value of the game was $50. To show his appreciation to another customer for his business, Hal took the customer to a football game. The value of the tickets was $100. What is the total amount Hal can deduct as business gifts?

A. $375

B. $125

C. $75

D. $100

A

$75

Expenditures for business gifts are deductible. The deduction is limited to $25 per recipient per year. Hal may deduct $75 (3 recipients × $25) for business gifts. The ticket would be entertainment since he took the customer to the game. Thus, the cost of tickets would be nondeductible. If it were a gift, the limit would be $25. It can be classified as a gift if you did not accompany the customer. The gift to the son of the owner is considered given to the owner.

119
Q

Robin, Monica, and Rose have a partnership that is a qualified business. In the partnership agreement, each partner has a one-third share in income and expenses. The partnership generated qualified business income (QBI) of $150,000, paid total W-2 wages of $120,000, and purchased qualified property with an unadjusted basis of $60,000. There are no special allocations to partners. What is Robin’s allocable share of QBI, W-2 wages, and qualified property, respectively?

A. QBI $150,000. W-2 Wages $120,000. Qualified Property $60,000

B. QBI $450,000. W-2 Wages $360,000. Qualified Property $180,000

C. QBI $50,000. W-2 Wages $40,000. Qualified Property $20,000

D. QBI $50,000. W-2 Wages $40,000. Qualified Property $60,000

A

QBI $50,000
W-2 Wages $40,000
Qualified Property $20,000

The taxpayer should take into account his or her allocable share of each qualified item of income, gain, deduction, and loss; only allocable share of the taxpayer’s wages and qualified property should be taken into account to calculate the W-2 wages/qualified property limit. Because Robin is a one-third owner, his allocable share of QBI is $50,000 ($150,000 ÷ 3), his allocable share of W-2 wages is $40,000 ($120,000 ÷ 3), and his allocable share of qualified property is $20,000 ($60,000 ÷ 3).

120
Q

Robin and Monica are married and filing a joint return. They have a taxable income of $300,000. Robin owns a qualified sole proprietorship that generates qualified business income (QBI) of $50,000, and Monica is the sole owner of a qualified S corporation that generates a QBI of $75,000. How much is Robin and Monica’s combined QBI deduction (QBID) amount for the year?

A. $300,000

B. $25,000

C. $60,000

D. $125,000

A

$25,000

The combined QBID allowed amount is the sum of the amount for each qualified trade or business carried on by the taxpayer. Because Robin and Monica’s income is less than $326,600, the W-2 wages/qualified property limit does not apply. Thus, their QBID allowed amount for the sole proprietorship is 20% of QBI, $10,000 ($50,000 × 20%), and their QBID allowed amount for the S corporation is 20% of QBI, $15,000 ($75,000 × 20%). Therefore, the combined qualified business income deduction is $25,000 ($10,000 + $15,000).

121
Q

With regard to “other” business expenses for the tax year 2020, all of the following statements are true EXCEPT

A. Legal fees paid to acquire a new office building are ordinary and necessary expenses directly related to operating your business and are deductible as business expenses.

B. Reimbursements you make to job candidates for transportation or other expenses related to interviews for possible employment are deductible business expenses.

C. You may deduct your own education expenses, including certain related travel that is related to your trade or business.

D. None of the answers are correct.

A

Legal fees paid to acquire a new office building are ordinary and necessary expenses directly related to operating your business and are deductible as business expenses.

Amounts paid to acquire tangible property (that must be capitalized) must also be capitalized. Thus, the legal fees would be capitalized as part of the basis of the building and depreciated over 39 years.

122
Q

During the current year, Maria gave the following gifts to business clients. None of the employees of the receiving companies were to receive more than one gift.
50 pens with Maria’s company name imprinted on them,
costing $4 each, to Corporation X
$200
25 bottles of wine costing $40 each to Corporation Y
$1,000
Wrapping for the 25 bottles of wine
$50
15 floral arrangements costing $25 each to Z Company
$375
What is the amount Maria can deduct for business gifts for the current year?

A. $1,200

B. $1,250

C. $1,625

D. $1,050

A

$1,250

Deductions for business gifts, whether made directly or indirectly, are limited to $25 per recipient per year. However, items clearly of an advertising nature, such as pens embossed with the company name that cost $4 or less, do not figure in the $25 limitation. Since none of the employees of the receiving companies were to receive more than one gift, each gift given to each company employee is deductible up to $25. The pens costing $4 each are completely deductible. The 25 bottles of wine are deductible up to $25 each, or an amount of $625 ($25 bottles at $25 each). The wrapping is completely deductible because incidental costs such as gift wrapping, mailing, and delivery of gifts and certain imprinted gift items costing $4 or less are excluded. The floral arrangements are also fully deductible. The total amount of deductible business gifts is $1,250 [$200 + $625 (25 bottles at $25 each) + $50 + $375].

123
Q

Tina owns a car dealership. Her books and records reflect the following items for the current year:
Reserve for anticipated expenses associated with service contracts sold in the current year
$10,000
Direct expenses paid in an attempt to influence legislation of the local city council
$1,000
Expenses paid for admission to an inaugural ball for a candidate for mayor
$500
Cost to demolish a building used in her business
$3,000
Undepreciated basis of demolished building
$5,000
What is the amount Tina can deduct on her income tax return for the current year?

A. $18,000

B. $1,000

C. $9,500

D. $20,500

A

$1,000

The reserve for anticipated expenses is not deductible in the current year. The taxpayer also may not deduct the expenses paid for admission to the inaugural ball. Political contributions, even indirect contributions such as attending a fundraiser, are generally not deductible. In addition, the taxpayer may not deduct either the demolition expenses or the undepreciated basis of the demolished building. However, these expenses may be added to the basis of the land. Although there is generally a denial of deduction for lobbying expenses, there is an exception for up to $2,000 of lobbying expenses. The taxpayer may deduct the $1,000 expense paid to influence the legislation of the local city council.

124
Q

Which of the following is a statutory employee?

A. A real estate appraiser with earnings based on sales who is contracted as not being an employee.

B. A companion sitter who pays the placement service out of the payments from the sitter’s client.

C. A person engaged in selling consumer products in homes, and all service payments are for sales, not hours worked.

D. A soda beverage distribution driver who performs all the services on a continuing basis for the same payer, and does not own any of the equipment.

A

A soda beverage distribution driver who performs all the services on a continuing basis for the same payer, and does not own any of the equipment.

If workers are independent contractors under the common-law rules, such workers may still be treated as employees by statute for certain employment tax purposes. An example of a statutory employee is a driver who distributes beverages (other than milk) if the driver is the payer’s agent or is paid on commission. Other requirements include substantial performance of all services, no substantial investment in the equipment, and the continual performance of the services.

125
Q

Lana and Luke are married and have a taxable income of $305,000. Their share of the income from an accounting partnership is $250,000. The accounting partnership pays a total of $90,000 in W-2 wages. What is their allowed qualified business income deduction (QBID) for the partnership?

A. $50,000

B. $61,000

C. $0

D. $125,000

A

$50,000

Lana and Luke’s taxable income is less than $326,600, and they can simply deduct 20% of qualified business income, $50,000 ($250,000 × 20%). The limitations and disallowance do not apply at this taxable amount.

126
Q

You sell products to three companies. To thank each of the companies for their business, you gave each CEO a bottle of champagne for a total of three bottles of champagne. Each CEO took home the bottle for their families to share. You have no business relationship with any of the executives’ family members. If you paid $40 for each bottle of champagne, the total amount you can deduct for all three bottles is

A. $75

B. $60

C. $25

D. $120

A

$75

Expenditures for business gifts are deductible. They must be ordinary and necessary. Deduction is limited to $25 per recipient per year for items excludable from income. The total amount of deduction allowed is $75 (3 × $25). You may only deduct $25 for each bottle given to the three recipients.

127
Q

All of the following expenses incurred in the course of operating a business are deductible business expenses EXCEPT

A. Public service advertising that keeps the name of the business before the public.

B. Advertising in a convention program of a political party. The proceeds from the publication of the program are for the local use of the political party.

C. Cost of under $2,000 for sending communications to members of a city council regarding legislation.

D. Advertising in a concert program the local church is sponsoring.

A

Advertising in a convention program of a political party. The proceeds from the publication of the program are for the local use of the political party.

Section 162(e) provides that contributions to a political party or candidate are not deductible as business expenses. The proceeds from the convention program are for the use of a political party. Therefore, the expenses incurred to advertise in that program are not deductible.

128
Q
During the current year, Mrs. Neal operated a business from her personal residence. She used 25% of her residence exclusively for business purposes. It was her principal place of business. The income and expenses attributable to the business portion of her residence were as follows:
Gross income
$4,500
Supplies expense
$2,400
25% of interest on residence
$750
25% of taxes on residence
$500
25% of maintenance, insurance, utilities on residence
$350
Allowable depreciation on residence
$1,300
Mrs. Neal’s current-year return should reflect

A. No profit or loss from business and no carryover to the next year.

B. No profit or loss from business and an $800 expense carryover to the next year.

C. A net loss from business of $800.

D. A net profit from business of $850 and an $800 expense carryover to the next year.

A

No profit or loss from business and an $800 expense carryover to the next year.

Since Mrs. Neal uses 25% of her residence exclusively for business purposes, she may deduct 25% of the expenses of her residence plus any expenses directly applicable to the business. The deduction is limited to the excess of the net income derived from her business activity (not taking into account expenses of the home) over the deduction allowable whether or not the home was used for business purposes, e.g., interest and taxes. This limit is $850 as computed below. Since the other home expenses are $1,650 ($350 maintenance, insurance, and utilities + $1,300 depreciation), she will have an $800 ($1,650 – $850) expense carryover to the next year with no profit or loss from the business in the current year.
Gross income
$4,500 
Less:
Supplies
$(2,400)
25% of interest
$(750)
25% of taxes
$(500)
Limit on other deductions
$850
129
Q

Mr. Crowell, a self-employed seafood wholesaler, arranged a business meeting with his five principal clients during the current year. The night the clients arrived in town, Mr. and Mrs. Crowell entertained the clients and their spouses at their home. The cost of the food and beverages was $400. As each client left, (s)he was given a cheese and fruit basket, which cost $40 each. The business meeting was held the next day at Mr. Crowell’s office. Assuming no other similar expenses during the current year, what amount of the above expenses may Mr. Crowell deduct?

A. $0

B. $125

C. $300

D. $325

A

$325

Only $200 (50%) of the meal expense is deductible, and the deduction for gifts to clients is limited to $25 per person. Here, the Crowells gave each of five clients a $40 gift. The Crowells may deduct $125 of this $200 gift expense.

130
Q

Which of the following is NOT a category of a statutory nonemployee?

A. Licensed real estate agents.

B. Companion sitters.

C. Indirect buyers.

D. Direct sellers.

A

Indirect buyers.

There are three categories of statutory nonemployees: direct sellers, licensed real estate agents, and certain companion sitters.

131
Q
Jonathan, a blogger, is a sole proprietor who uses a room in his residence regularly and exclusively to meet with customers in the normal course of his trade or business throughout Year 1. Jonathan determines that the room is 535 sq. ft. and has a cost basis of $10,000. Jonathan places the room in service on January 1, Year 1. Jonathan depreciates the room under Sec. 168 as nonresidential real property using the optional depreciation table that corresponds with the general depreciation system, the straight-line method of depreciation, a 39-year recovery period, and the mid-month convention. During the year, Jonathan earns $9,000 of gross income from the business and pays the following business expenses:
Supplies
$1,900
Advertising
$500
Professional fees
$200
Magazines/Subscriptions
$625
Postage
$175
Total
$3,400

Jonathan also pays the following expenses related to his home during the year:

Mortgage interest
$10,000
Real property taxes
$5,000
Homeowners insurance
$1,500
Utilities
$2,400
Repairs
$900
Total
$19,800

Using the simplified option, what amount will Jonathan report on Form 8829 as depreciation?

A. $15,000

B. $3,400

C. $2,675

D. $0

A

$0

There are three categories of deductions for taxpayers using all or a portion of their home for business:
1. Itemized deductions
2. Ordinary and necessary business expenses that are unrelated to qualified business use
3. Expenses for business use of a home
If the simplified option is selected for the third category (i.e., expenses for the business use of a home), the taxpayer simply multiplies the square footage of the business-use portion by $5. However, no deduction for depreciation is allowed under the simplified option. Jonathan’s basis for Year 1 depreciation is $10,000 (i.e., cost allocation).

132
Q

Hannah, a single taxpayer, owns 50% of a partnership and has taxable income of $85,000. She has qualified business income (QBI) of $70,000 from the partnership. The partnership paid a total of $27,500 in W-2 wages and does not have any qualified property. Under Sec. 199A, what is Hannah’s deductible amount for the partnership (i.e., before applying the taxable income/overall limitation)?

A. $13,750

B. $14,000

C. $6,875

D. $35,000

A

$14,000

Because Hannah’s taxable income is less than the $163,300 threshold amount, the W-2 wages/qualified property limit does not apply. Thus, for this partnership, there is a deduction equal to 20% of qualified business income ($70,000), $14,000.

133
Q

A taxpayer may NOT claim the qualified business income (QBI) deduction if (s)he has qualified business income from which of the following entities?

A. S corporations.

B. C corporations.

C. Sole proprietorships.

D. Trusts.

A

C corporations.

The QBI deduction is available to noncorporate taxpayers who have qualified business income from qualified pass-through entities. Qualified pass-through entities include sole proprietorships, S corporations, partnerships, trusts, and estates.

134
Q

Sara owns a car dealership. Her books and records reflect the following items for the current year:
Reserve for anticipated expenses associated with service contracts sold in the current year
$10,000
Illegal kickbacks for which a Form 1099-MISC is filed
$5,000
Expenses paid in order to submit statements to U.S. Congress
$1,000
Expenses paid for admission to an inaugural ball for a candidate for mayor
$500
How much can Sara deduct on her current-year tax return?

A. $16,000

B. $1,000

C. $16,500

D. $6,500

A

$1,000

The reserve for anticipated expenses is not deductible in the current year. Bribes and kickbacks are also not deductible. Political contributions, even indirect contributions such as attending a fund raiser, are generally not deductible. Generally, lobbying expenses may not be deducted. This includes expenses incurred to influence legislation. However, there is an exception to the rule. The lobbying expense limitation does not apply to any in-house expenditure for any tax year if the expenses do not exceed $2,000. In-house expenditures are expenses paid or incurred for the purpose of influencing legislation. Thus, the taxpayer may deduct the $1,000 expense paid in order to submit statements to the U.S. Congress.