More Concepts (NINJA) Flashcards
How do you treat casualty losses on a tax return?
Deductible on Schedule A—Itemized Deductions, subject to a threshold amount of 10% of adjusted gross income
What is always the phase-out threshold of AMTI?
150,000
This is what you subtract from an AMT composed of Regular Taxable Income, plus Pos. AMT Adjustments, Less negative AMT Adjustments, PLUS the PPP preference items back in
This amnt. is to be MULTIPLIED by 25%
And that amount is your AMT exemption.
John’s principal place of business is considered to be at his personal residence (i.e., he qualifies to deduct home-office expenses). On occasion, John travels from his residence to various temporary work sites. In determining his deduction for transportation expenses, which of the following statements is correct?
John may include the expenses that were incurred in traveling to any work location in the same trade or business.
Further Explanation:
If a taxpayer’s residence is his or her principal place of business for purposes of IRC Section 280A(c)(1)(A) (i.e., he or she qualifies for the home-office deduction), the taxpayer may deduct daily transportation expenses incurred in going between the residence and another work location in the same trade or business, regardless of whether the other work location is regular or temporary and regardless of the distance.
What is the definition of a writ of certiorari?
A petition for the Supreme Court to review a lower court’s decision.
What does accounting income NOT include?
Anything (trustee fees, capital gains) that are instead allocated to CORPUS of trust!
AMTI Exemptions List Card:
PANIC TIMME & PPP
Remember.. the ONLY ones that might subtract out of taxable income on the way to AMT, are the “PANIC” elements.
PANIC (-)
Passive activity losses, accelerated depreciation (post 1986), NOL of individual taxpayer, installment income, contracts (dif between percentage completion vs. completed contract)
“TIMME” is going to ADD BACK IN (+)
Tax deductions, int. deductions on certain home equity loans (Not qualified mortgage ins.), Medical Deductions, 2% Misc. Deductions, Exemptions (personal + standard deduction) …. All going back in
PPP added back in (+)
Private activity bond interest, percent depletion (Excess over adj. base of property), Accelerated dep. PRE 1987
What are personal assets also called?
CAPITAL ASSETS
How to calculate double-declining balance for MACRS depreciation questions.
First-year depreciation under MACRS is based on double declining balance.
A 7-year life would yield depreciation of 2/7 the first year.
Because the purchase was made in December, the mid-quarter convention is used and 1-1/2 months of depreciation is recorded.
Depreciation is $1,000 (Cost × 2/7 × 1.5[midquarter]/12)
AGI Card - what to deal with “Above the Line” in arriving at AGI
1) IRA
2) Student Loans
3) HSA
4) Moving Expenses
5) 1/2 S.E. FICA
6) S.E. Health Insurance
7) S.E. Retirement
8) Interest Withdrawal PENALTIES
9) Alimony Paid (or received)
10) Attorney fees for certain whistle-blowing cases
11) Domestic Production Activities Deduction
“Businesses with “qualified production activities” can take a tax deduction of 3% from net income. This is a tax break pure and simple (Best for small manufacturing companies).”
Under the U.C.C. Sales Article, the warranty of title may be excluded by…
the seller’s statement that it is selling only such right or title that it has.
Danielson invested $2 million in DEC, a qualified small business corporation. Six years later, Danielson sold all of the DEC stock for $16 million and purchased an office building with the proceeds. Danielson had not previously excluded any gain on the sale of small business stock. What is Danielson’s taxable gain after the exclusion?
SECTION 1202 Rules Apply:
Exclude 50% of gain if held for over 5 yrs (this can be limited to the greater of $10 mil. or 10x taxpayer basis)
What happens when you accrue the wrong estimate for an income item, on a prior-year tax return?
You include the difference in the current year.
What are the rules about R&D expensing?
60 months or longer
What is the “Failure-to-pay” penalty? Is it different from interest?
Yes.
Failure to pay is usually 0.5% per month or part of month, past the date the return was due for filing (EVEN with extensions)!
When calculating new Shareholder bases in corporations, what will you consider Debt?
It IS boot received in the sense of calculating your new basis.
However, when attempting to choose a “recognized gain,” you will not factor in the debt relief. Only actual cash boot received.
the ONLY exception, when debt relief becomes taxable boot, is when it EXCEEDS the BASIS of the contributed property.
What do GAAP financial statements record a corp’s assets and liabilities at?
FAIR MARKET VALUE.
Different than the tax basis of new assets to the corp, which is generally That Asset+addit’l cash distributed in exchange for that asset by the corp.
When you roll over a traditional IRA into a Roth IRA, what is the first year you can take tax-free distribution on new Roth IRA?
5 yrs. from the year of Rollover.
EG, you roll in 2010.. can first take in 2015
Anti-fraud provisions: Rule 10B-5
IN general this can apply even when securities are not registered
-under the 1934 act, this prohibits FRAUD in connection with the PURCHASE or SALE of ANY SECURITY.
For a plaintiff to recover under 10b-5, they must prove the 3 elements, quite similar to Section 11, except just more general because it’s not just about a REGISTRATION STATEMENT:
1) Plaintiff bought or SOLD securities
2) Plaintiff suffered a Loss
3) Material Misrepresentation of fact, or in connection with sale.
In addition, plaintiff must prove:
4) Scienter, either through “False statements in reckless disregard for the truth” (STILL NO NEGLIGENCE)
5) Plaintiff reliance on the misrepresentations
6) Interstate commerce needs to be involved, via mail or national securities exchange is fine.
SEC Section 11
Section 11 imposes civil liability for misstatements, WHETHER OR NOT THEY ARE INTENTIONAL, in the registration statements.
Section 11 makes ANYONE who signs a registration statement liable for ALL damages caused by ANY misstatement of material fact in the registration statement.
A person wishing to sue under Section 11 need only show:
1) Plaintiff ACQUIRED stock (need not have bought)
2) Plaintiff SUFFERED A LOSS / Damages
3) Registration statement contained a MATERIAL MISREPRESENTATION or MATERIAL OMISSION of fact.
^^Those 3 things only. No negligence, scienter, intent to harm, the plaintiff need not “prove reliance… NOTHING EXCEPT having stock, suffered loss, material misrepresentation/omission. Those are the literal only 3 things that matter at all, under Section 11.
MUST BE BROUGHT w/IN ONE YEAR OF DISCOVERY
and THREE YEARS FROM OFFERING DATE
Registration signers will have “Due Diligence Defense” in Section 11 suits
Also will have the defense if they can prove it was NOT the misstatement that caused the damage, including proving that the misstatement was Immaterial and not material.
How do you calculate an “Amount Realized” when a partner sells his share of the partnership?
When a partner sells his interest in a partnership and he is relieved from his share of partnership liabilities, then the amount realized is the amount of cash received plus his share of liabilities.
Under the 2005 Bankruptcy Reform Act, the clerk of the bankruptcy court must provide a consumer-debtor with which of the following materials or services?
Written notice of the costs, purpose, and benefits of each form of bankruptcy.
Who are the “Insiders” under the 1934 act?
Officers, Directors, >10% stockholders –>
All must file reports with the SEC disclosing their holdings in the reporting company and making monthly updates
limits insider trading (short-swing profits)
Which of the following is considered capital assets for tax purposes?
A. Inventory
B. Land used in a business
C. Novel copyright held by the author
D. Mineral deposits sold in place
Mineral and similar natural resources deposits are considered to be capital assets when sold in place. The sale of mineral deposits, which are removed and sold in units, results in ordinary income. Copyrights held by the creator are not capital assets; however, purchased copyrights are capital assets. Inventory and land used in a business are specifically excluded from the definition of capital assets.
Do C and S corps recognize gain or loss upon liquidation?
Yes.