This document provides information about sources and applications of federal tax law, including primary and secondary authorities. It discusses the hierarchy of tax law sources such as statutes, regulations, rulings, court cases, and administrative practices. It also provides examples of legal citations and describes the roles of different courts in the tax litigation process.
Tax Research Assignment 2Acct 6140 Students OnlyFall 2013You.docxssuserf9c51d
Tax Research Assignment 2
Acct 6140 Students Only
Fall 2013
Your assignment is to write a professional tax research memorandum that
addresses the issue shown below.
Mike is a salesperson who represents several companies. On
January 2, 2014, he receives by mail a commission check from
Produce Packaging Distributors, Inc. in the amount of $13,500 and
dated December 30, 2013. Mike is concerned about the year in
which the $13,500 is taxable. Although the check is dated 2013, he
contends that it would have been unreasonable for him to drive the
55 miles to the Produce Packaging offices on a holiday to collect the
check. Further, Mike maintains that even if he had made the trip to
collect the check, by the time he returned home, his bank would have
closed and he could not have received credit for the check until after
the first of the year.
In addition, Mike attended classes provided by his church in 2013.
He made payments to the church that were required to attend
classes. He plans to deduct the payments as charitable contributions
to his church on his 2013 tax return.
a. Mike would like you to determine whether he should include the
$13,500 commission income on his 2013 or 2014 tax return.
b. Mike would also like to know if he can deduct the payments to his
church as charitable contributions in 2013.
Tax Research Memo Format:
Title your memo either generally, e.g., Research Memorandum or more
specifically, e.g., name of the client and the specific tax situation at hand
Address your memo to the client file [include the standard Date, To, From,
and Re headings]
Organize the body of your memo using the following subheadings:
o Facts
o Issue(s)
o Conclusion(s)
o Analysis/Discussion
The Facts section should clearly and concisely summarize all relevant
facts that may affect the tax outcomes. In particular, include dollar
amounts, dates, and names of all parties to transactions.
The Issues section should include numbered issues if there is more than
one. Write each issue as a question. Include enough of the facts to give
context to the question. For example, How much, if any, of the $3,000
John Doe paid for attending a Real Estate conference cruise from Miami
to Galveston can he deduct as a business education expense? is better
than What are the tax consequences of these facts?
The Conclusion(s) should be numbered to correspond to the Issue(s).
State a definite conclusion, if possible, for each Issue. If a definite
conclusion is not possible, for example, because you are researching
alternative ways to plan a transaction, then state the conclusion that will
be appropriate IF each alternative is taken.
The Analysis/Discussion section should be organized to correspond to
each issue if there is more than one.
Each numbered subsection in the Analysis section should be organized as
follows:
o Summarize the relevant Code section. For example, if you are
analyzing a deductibility of a business expense, begin by
summarizing the rule in §162(a). Parap ...
Question 1Trident UniversityFIN301 Principles of FinanceModule 4.docxaudeleypearl
Question 1Trident UniversityFIN301: Principles of FinanceModule 4: Case TemplateFILL IN ALL CELLS THAT ARE HIGHLIGHTED IN YELLOWPlease remember to save this file with your last name in the file name. For example: FIN301 Module 4 Case Template, Doe.docName:QUESTION 1: The table below gives the initial investment (the negative numbers at “Year 0”) for two projects. Compute the payback period, the NPV, and the IRR using Excel. Then rank the two projects based on each of these three criteria, and discuss which projects should be funded based on your computations.Firm Cost of Capital:11%YearProject AProject B0-100,000-150,000125,00030,000225,00030,000325,00090,000425,00020,000525,00020,000625,00020,000PAYBACK PERIOD = NPV = IRR = RANK THE TWO PROJECTS BASED ON THESE THREE CRITERIA. RANK BASED ON PAYBACK PERIODPROJECT APROJECT BRANK BASED ON NPVPROJECT APROJECT BRANK BASED ON IRRPROJECT APROJECT BWHICH PROJECTS SHOULD BE FUNDED BASED ON YOUR CALCULATIONS?ANSWER:DISCUSS YOUR REASONING FOR YOUR ANSWER ABOVE. WHY SHOULD THE PROJECT(S) BE FUNDED?ANSWER:
NOTE: YOU CAN USE THE EXCEL FORMULA FOR NPV. HELP IN USING THIS FORMULA IS IN THE MODULE 2 CASE TEMPLATE. THE TAB IS LABELED "Help for Multiple Cash Flows Q3."
NOTE: YOU CAN USE THE EXCEL FORMULA FOR IRR. HELP IN USING THIS FORMULA IS IN THE TAB LABELED "Help for IRR Q1" IN THIS WORKBOOK.
PROJECT A
PROJECT B
1st
1st
2nd
2nd
1st
1st
2nd
2nd
1st
1st
2nd
2nd
Question 2a. Calculate the NPV for both factories and for both scenarios (rainy versus sunny). What is the range of NPV for each factory based on your scenario analysis?FACTORY ANPV FOR FACTORY A IF SUNNY = NPV FOR FACTORY A IF RAINY = FACTORY BNPV FOR FACTORY B IF SUNNY = NPV FOR FACTORY B IF RAINY = THE RANGE FOR FACTOR A IS = 0AND0THE RANGE FOR FACTOR B IS = 0AND0b1. Based on your answer to a) above, do you think ACME should use the same discount rate of 9% for each factory? ANSWER:b2. Should they use a risk-adjusted discount rate (RADR)? ANSWER:b3. If you answered YES above, which factory should have a higher RADR? ANSWER:b4. Explain your answer to b2 and b3. Use references from the background readings.ANSWER:
QUESTION 2: The ACME Umbrella Company is deciding between two different umbrella factories. Both factories will cost $500,000 to get started. However, the cash flows for each factory will depend on whether the next five years are rainier than average or sunnier than average. Factory A will have cash flows of $130,000 per year for the next five years if the weather is sunnier than average. But if it is rainier than average the cash flows will be $150,000 per year for the next five years. Factory B will have cash flows of $100,000 per year for the next five years if it is sunnier than average, but if it is rainier than average it will have cash flows of $200,000 per year. ACME has a cost of capital of 9%. Based on this information, answer the following:
NOTE: USE THE EXCEL FORMULA FOR NPV. HELP IN USING THIS FORMULA IS IN THE M ...
Topic: Tax Law ; Type: Letter Subject: Accounting and Finance; Academic Level: Undergraduate; Style: Turabian Language: English (U.S); Number of sources: 3
Tax Research Assignment 2Acct 6140 Students OnlyFall 2013You.docxssuserf9c51d
Tax Research Assignment 2
Acct 6140 Students Only
Fall 2013
Your assignment is to write a professional tax research memorandum that
addresses the issue shown below.
Mike is a salesperson who represents several companies. On
January 2, 2014, he receives by mail a commission check from
Produce Packaging Distributors, Inc. in the amount of $13,500 and
dated December 30, 2013. Mike is concerned about the year in
which the $13,500 is taxable. Although the check is dated 2013, he
contends that it would have been unreasonable for him to drive the
55 miles to the Produce Packaging offices on a holiday to collect the
check. Further, Mike maintains that even if he had made the trip to
collect the check, by the time he returned home, his bank would have
closed and he could not have received credit for the check until after
the first of the year.
In addition, Mike attended classes provided by his church in 2013.
He made payments to the church that were required to attend
classes. He plans to deduct the payments as charitable contributions
to his church on his 2013 tax return.
a. Mike would like you to determine whether he should include the
$13,500 commission income on his 2013 or 2014 tax return.
b. Mike would also like to know if he can deduct the payments to his
church as charitable contributions in 2013.
Tax Research Memo Format:
Title your memo either generally, e.g., Research Memorandum or more
specifically, e.g., name of the client and the specific tax situation at hand
Address your memo to the client file [include the standard Date, To, From,
and Re headings]
Organize the body of your memo using the following subheadings:
o Facts
o Issue(s)
o Conclusion(s)
o Analysis/Discussion
The Facts section should clearly and concisely summarize all relevant
facts that may affect the tax outcomes. In particular, include dollar
amounts, dates, and names of all parties to transactions.
The Issues section should include numbered issues if there is more than
one. Write each issue as a question. Include enough of the facts to give
context to the question. For example, How much, if any, of the $3,000
John Doe paid for attending a Real Estate conference cruise from Miami
to Galveston can he deduct as a business education expense? is better
than What are the tax consequences of these facts?
The Conclusion(s) should be numbered to correspond to the Issue(s).
State a definite conclusion, if possible, for each Issue. If a definite
conclusion is not possible, for example, because you are researching
alternative ways to plan a transaction, then state the conclusion that will
be appropriate IF each alternative is taken.
The Analysis/Discussion section should be organized to correspond to
each issue if there is more than one.
Each numbered subsection in the Analysis section should be organized as
follows:
o Summarize the relevant Code section. For example, if you are
analyzing a deductibility of a business expense, begin by
summarizing the rule in §162(a). Parap ...
Question 1Trident UniversityFIN301 Principles of FinanceModule 4.docxaudeleypearl
Question 1Trident UniversityFIN301: Principles of FinanceModule 4: Case TemplateFILL IN ALL CELLS THAT ARE HIGHLIGHTED IN YELLOWPlease remember to save this file with your last name in the file name. For example: FIN301 Module 4 Case Template, Doe.docName:QUESTION 1: The table below gives the initial investment (the negative numbers at “Year 0”) for two projects. Compute the payback period, the NPV, and the IRR using Excel. Then rank the two projects based on each of these three criteria, and discuss which projects should be funded based on your computations.Firm Cost of Capital:11%YearProject AProject B0-100,000-150,000125,00030,000225,00030,000325,00090,000425,00020,000525,00020,000625,00020,000PAYBACK PERIOD = NPV = IRR = RANK THE TWO PROJECTS BASED ON THESE THREE CRITERIA. RANK BASED ON PAYBACK PERIODPROJECT APROJECT BRANK BASED ON NPVPROJECT APROJECT BRANK BASED ON IRRPROJECT APROJECT BWHICH PROJECTS SHOULD BE FUNDED BASED ON YOUR CALCULATIONS?ANSWER:DISCUSS YOUR REASONING FOR YOUR ANSWER ABOVE. WHY SHOULD THE PROJECT(S) BE FUNDED?ANSWER:
NOTE: YOU CAN USE THE EXCEL FORMULA FOR NPV. HELP IN USING THIS FORMULA IS IN THE MODULE 2 CASE TEMPLATE. THE TAB IS LABELED "Help for Multiple Cash Flows Q3."
NOTE: YOU CAN USE THE EXCEL FORMULA FOR IRR. HELP IN USING THIS FORMULA IS IN THE TAB LABELED "Help for IRR Q1" IN THIS WORKBOOK.
PROJECT A
PROJECT B
1st
1st
2nd
2nd
1st
1st
2nd
2nd
1st
1st
2nd
2nd
Question 2a. Calculate the NPV for both factories and for both scenarios (rainy versus sunny). What is the range of NPV for each factory based on your scenario analysis?FACTORY ANPV FOR FACTORY A IF SUNNY = NPV FOR FACTORY A IF RAINY = FACTORY BNPV FOR FACTORY B IF SUNNY = NPV FOR FACTORY B IF RAINY = THE RANGE FOR FACTOR A IS = 0AND0THE RANGE FOR FACTOR B IS = 0AND0b1. Based on your answer to a) above, do you think ACME should use the same discount rate of 9% for each factory? ANSWER:b2. Should they use a risk-adjusted discount rate (RADR)? ANSWER:b3. If you answered YES above, which factory should have a higher RADR? ANSWER:b4. Explain your answer to b2 and b3. Use references from the background readings.ANSWER:
QUESTION 2: The ACME Umbrella Company is deciding between two different umbrella factories. Both factories will cost $500,000 to get started. However, the cash flows for each factory will depend on whether the next five years are rainier than average or sunnier than average. Factory A will have cash flows of $130,000 per year for the next five years if the weather is sunnier than average. But if it is rainier than average the cash flows will be $150,000 per year for the next five years. Factory B will have cash flows of $100,000 per year for the next five years if it is sunnier than average, but if it is rainier than average it will have cash flows of $200,000 per year. ACME has a cost of capital of 9%. Based on this information, answer the following:
NOTE: USE THE EXCEL FORMULA FOR NPV. HELP IN USING THIS FORMULA IS IN THE M ...
Topic: Tax Law ; Type: Letter Subject: Accounting and Finance; Academic Level: Undergraduate; Style: Turabian Language: English (U.S); Number of sources: 3
ACC 316 – Corporate Income Tax Accounting Tax Research Proje.docxSALU18
ACC 316 – Corporate Income Tax Accounting
Tax Research Project
OBJECTIVE
The objective of this exercise is to perform appropriate research and analysis and to
prepare reports with the answers to the questions in at least two research problems from
the list below.
SUBMISSION
The research report is due no later than May 1, 2019.
The report should appropriately reference any sources used. Primary sources are, of
course, preferable.
Any electronic submissions in Word 97-2003 format should be sent to
[email protected]
Remember to include your name and course identification in the document as well as in
the file name of any electronic submissions.
RESEARCH PROBLEMS
1. Crest Corporation, a calendar-year taxpayer, was formed in 2015 and incurred
$60,000 in organizational expenditures. Had the corporation made a proper election
under Code Sec. 248, it would have been entitled to a $7,000 deduction in 2015.
However, on its 2015 tax return it erroneously claimed a $60,000 current deduction (i.e.,
it expensed the full amount in the year it was organized). Upon audit in 2018, the IRS
disallowed Crest a $7,000 deduction. Crest Corporation seeks your advise on this issue.
2 Shoots and Ladders Inc. has had taxable income the last three years, but is breaking
even this year. Elsa, the sole shareholder, has a $25,000 basis in her stock. After
consulting with a local CPA, the corporation does the following:
a. Sets up an Employee Stock Ownership Plan (ESOP).
b. Contributes $40,000 to the ESOP, borrowed for the occasion from a local bank.
c. Deducts the $40,000 as a contribution to a qualified plan, thus creating a net
operating loss of $40,000.
d. Permits the ESOP to purchase 49 percent of Elsa’s stock; she reports a long-term
capital gain of $27,750.
Can all of these transactions be executed under the rules applicable to employee stock
ownership plans.
3. What formula is used in Pennsylvania for apportionment of multistate income and
what are the corporate income tax rates?
Compare Pennsylvania’s formula to the formulae used by each the surrounding states.
Indicate when and why each state’s formula might be preferable.
mailto:[email protected]
ACC 316 – Corporate Income Tax Accounting
Tax Research Project
4. Alice White, Bertha Smith, and Carol Jones each has her own computer equipment
and service retail store. In an effort to potentially reduce their costs and increase their
control over supply channels, they buy a plant which manufactures selected computer
supplies and equipment. Each makes an equal cash contribution toward the purchase
of the plant, each has an equal capital and profits interest in the plant, and they agree to
share all losses equally. They own the plant as tenants in common. The co-owners
have a written operating agreement specifying that each has an equal interest in the
plant’s production, each is responsible for her equal share of exp.
Chapter 17 lin Yates for undergrads; Chapters 15 - 19 in Batholom.docxketurahhazelhurst
Chapter: 17 lin Yates for undergrads; Chapters 15 - 19 in Batholomew for grad students.
Review the following
https://www.youtube.com/watch?v=dAskuM4GUKo
https://www.youtube.com/watch?v=dAskuM4GUKo
http://www.sportsworldnews.com/articles/9313/20140208/world-cup-stadium-construction-claims-another-life-video.htm
http://www.sportsworldnews.com/articles/9313/20140208/world-cup-stadium-construction-claims-another-life-video.htm
ASSIGNMENT
Assignment - 6
Due at midnight MST on the last day of the week.
Review the following and then analyze the conditions listed below and present how these conditions should be dealt with as claims to an Owner, that is what types of delay, etc.
· Base contact- $77,000,000 to build a twenty story building
· Contract schedule: complete in 300 days
· Liquidated damages = $7000/day
· Owner issued notice to proceed and contractor started work on September 9, 2013
· Contractor could not access site due to property rights issues until November 20, 2013
· Excessive rain and storms prevented work from proceeding for one week in November, 2013
· Excavation contractor did not begin work until December 12, 2013, two weeks after being asked to start work
· Excavation contractor started work and encountered soil containing cyanide and stopped work.
· Contractor notified owner of cyanide soil and indicated a change order for time and material costs were required to remove the cyanide soil
· Owner stopped the work to analyze the cyanide condition
· Owner issued a change order pricing reuest after two months of time
· Contractor responded to the pricing reuest indicating 3 months of extra time and $2,000,000 of cost was reuired
· Owner accepted cost request but denied extra time request
DISCUSSION QUESTION
1. Why is it critical to notify an owner quickly if situations change on a project from what was required in the contract?
2. What is required in documenting a formal claim for extra money and time?
3. Discuss some examples of excusable and non-excusable delay.
4. What risks do contractors take when contracts contain a No Damage for Delay clause?
Group Project: MMG 714 Page 1 Prof. Andrew Banasiewicz
Group Project: MMG 714
The following scenario focuses on what is known as ‘executive risk’, which is an important aspect of
organizational management as briefly explained below, and further elaborated by associated ‘explanatory
and expository’ details associated with the italicized and numbered concepts (the superscript numbers
associated with each italicized notion) used throughout the said description. The overall goal of this
assignment is for you to estimate and substantiate the likelihood (probability) and the monetary
impact (severity, or cost) of shareholder class action litigation, which is the key element of the
aforementioned executive risk. The description included herein, and associated explanatory and
expository details are meant to provide you with sufficient understanding of ‘executive ris ...
Accounting Principle 6th Edition Weygandt Test BankGaybestsarae
Full download : https://alibabadownload.com/product/accounting-principle-6th-edition-weygandt-test-bank/ Accounting Principle 6th Edition Weygandt Test Bank , Accounting Principle,Weygandt,6th Edition,Test Bank
Four Articles for Argument EssayShould access to drinking wate.docxgreg1eden90113
Four Articles for Argument Essay
Should access to drinking water be privatized?
Should Water Be Put Up for Private Sale?" by Deborah White, retrieved from
"Should Water Be Privately Owned?" at http://www.globalissues.org/article/171/
Article by John Vidal titled "The Pros and Cons of Privatizing Water," which can be found at https://www.theguardian.com/environment/2006/aug/29/water.johnvidal.
MDC databases
Krista Mahr has written an article titled "The Pros and Cons of Privatizing Water Services," which can be found at https://www.thebalance.com/the-pros-and-cons-of-privatizing-water-services-3305581.
Elizabeth Royte has written an article titled "Privatizing Water: Pros and Cons," which can be found at https://www.ecology.com/privatizing-water-pros-and-cons/.
PRIVATIZATION OF DRINKING WATER
Brisman, A., McClanahan, B., South, N., & Walters, R. (2018). Too costly: Water and
privatization. Water, Crime and Security in the Twenty-First Century, 113-
147.https://doi.org/10.1057/978-1-137-52986-2_5
Gautam, V. (2020). Access to drinking water and the health outcome.Contemporary Issues in
Sustainable Development, 272-283.https://doi.org/10.4324/9781003141020-19
image1.png
A Critical Analysis of Accounting Concepts of Income
Author(s): Norton M. Bedford
Source: The Accounting Review, Vol. 26, No. 4 (Oct., 1951), pp. 526-537
Published by: American Accounting Association
Stable URL: https://www.jstor.org/stable/242215
Accessed: 13-06-2020 15:40 UTC
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All use subject to https://about.jstor.org/terms
A CRITICAL ANALYSIS OF ACCOUNTING
CONCEPTS OF INCOME
NORTON M. BEDFORD
Assistant Professor, Washington University
IN THE last two decades accountants
have made remarkable progress toward
a synthesis of accounting procedures.
Both the American Accounting Associa-
tion and the American Institute of Ac-
countants have contributed to this, gather-
ing together diverse practices into a some-
what cohesive body of acceptable account-
ing principles. While it will be contended
by some that the statements and bulletins
by the accounting groups are not at-
tempts to synthesize accounting pro-
cedures, a detailed examination reveals
that more than anything else such is their
nature. More often than not the formula-
tions may be viewed as a framework into
whic.
QUESTION 1A change from the cost method to the equity method of .docxJUST36
QUESTION 1
A change from the cost method to the equity method of accounting for an investment in common stock resulting from an increase in the number of shares held by the investor requires:
A.
Only footnote disclosure
B.
That the cumulative amount of the change be shown as a line item on the income statement, net of tax
C.
That the change be accounted for currently and prospectively.
D.
Retroactive restatement as if the investor always had used the equity method
QUESTION
2
Which one of
the follow
ing is not a limitation of consolidated financial statements?
A.
Poor performance of one or more companies may be hidden by good performance of others.
B.
Information about the financial status and results of operations of the economic entity will be reported.
C.
All the consolidated retained earnings balance may not be available for dividends of the parent.
D.
Supplemental information about individual companies or groups of companies included in consolidated statements may be necessary for a fair presentation.
QUESTION 3
Which of the laws belo
w regulate the i
nitial dis
tribution of security issues in the United States?
Securities Exchange
Securities
Act of 1934
Act of 1933
A)
Yes
Yes
B)
Yes
No
C)
No
Yes
D)
No
No
A.
item A
B.
item B
C.
item C
D.
item D
QUESTION 4
The SEC requires a full and fair disclosur
e of informati
on about c
ompanies so that:
A.
investors can assess the investment quality of registered securities.
B.
the SEC can assess the investment quality of registered securities.
C.
the SEC can assess the credit worthiness of registered companies.
D.
all of the above.
QUESTION 5
Which of the following situations best describes a business combi
nation to be acc
ounted for
as a statutory merger?
A.
All of the outstanding stock of a company is acquired.
B.
Cash or other consideration is exchanged for total net assets of another company.
C.
Two companies combine to form a new third company, and the original two companies are dissolved.
D.
One company transfers assets to another company it has created.
QUESTION 6
Which one of the following items results in an identical decrease in an investor's investm
ent account unde
r both the
cost method and the equity method?
A.
Liquidating dividends from the investor's point of view.
B.
Dividend payments.
C.
Sale of one-half of the shares owned by the investor.
D.
Amortization of cost over book value.
QUESTION 7
The history of securities regulation can be traced to:
A.
medieval times.
B.
18th century English Parliament's pa
ssage of the B
ubble Acts
.
C.
18th century creation of New York Stock Exchange.
D.
the stock market crash of 1929.
QUESTION 8
Which statement below is correct about Form 10Q?
A.
This form contains a company's interim financial statements and is due 45 days after t
he end of each o
f the four
quarters.
B.
This form contains a company's Basic Information Package and is due 45 da ...
Damages Calculations in Intellectual Property Cases in CanadaDuff & Phelps
In intellectual property cases, there are two types of monetary remedy: damages and an accounting of profits. Damages represent the patentee’s loss and are the default remedy in the sense that a court is obliged to award damages on proof of infringement and consequent loss. This publication focuses on damages in patent cases, although the reasoning generally applies in trade-mark and copyright cases.
Assignment # 1 – Payroll FundamentalCanada Pension Plan Reportin.docxdavezstarr61655
Assignment # 1 – Payroll Fundamental
Canada Pension Plan Reporting Requirements on the T4
Scenario
In May of the current year, your employer received a PIER report from the CRA that identified Canada Pension Plan (CPP) contribution deficiencies for employees in the organization who:
· turned 18 during the year
· turned 70 during the year
· had chosen to opt out of paying CPP by submitting a completed CPT30 form
To avoid a recurrence, the Payroll Manager, Mary Arnstein, has asked you to prepare a summary of the CPP reporting requirements on T4 information slips. The summary will be used to validate the current payroll setup to ensure that the T4s will be completed properly in future. Provide information on the CPP related boxes that must be completed, including how any amounts are calculated, for employees who:
· are under 18 for the entire year
· turn 18 during the year
· are over 70 for the entire year
· turn 70 during the year
· submit a completed CPT30 form during the year, electing to stop contributing to the Canada Pension Plan
· submit a completed CPT30 form during the year, revoking their previous election to stop contributing to the Canada Pension Plan
Prepare your response (250 - 450 words) using correct spelling, grammar and punctuation. You will be penalized if you are excessively over or under the suggested word count. Your response to this question must be stated in your own words and should be based on the course material, your experiences, knowledge gained through the course and at least one external government resource.
Any responses taken directly from the external government resource or course material will not be accepted. Information referenced from the government resource(s) and the course material must be cited. For example:
· if you are referencing the Canada Revenue Agency’s Employers' Guide - Payroll Deductions and Remittances – T4001, state the URL where the information can be found, http://www.cra-arc.gc.ca/E/pub/tg/t4001/README.html and the page number, if applicable
· if you are referencing the course material, state the course name, chapter and page number where the information can be found
It is recommended that you prepare your response using MS Word.
Note: It is recommended using the Canada Revenue Agency’s Employer’s Guide, is most specific contains.
Supreme Court of Ohio.
AGLEY, Appellant,
v.
TRACY, Tax Commissioner, Appellee.
AGLEY et al., Appellants,
v.
TRACY, Tax Commissioner, Appellee.
TIMMIS et al., Appellants,
v.
TRACY, Tax Commissioner, Appellee.
Nos. 98-1879, 98-1880, 98-1881.
Submitted Sept. 21, 1999.
Decided Dec. 8, 1999.
In three separate cases, nonresident shareholders of Subchapter S corporations appealed from decisions of the Board of Tax Appeals denying claimed income tax refunds. The Supreme Court, Lundberg Stratton, J., held that the shareholders were subject to income tax on their distributive share of the S corporations' income.
Affirmed.
West Headnotes
[1]KeyCite Notes 371 Taxation
.
A.) TrueFalse1 A distribution from a corporation will be .docxrhetttrevannion
A.)
True/False
1
A distribution from a corporation will be taxable to the recipient shareholders only to the extent of the corporation’s E & P.
2
All distributions that are not dividends are a return of capital and decrease the shareholder’s basis.
3
All cash distributions received from a corporation with a positive balance in accumulated E & P at the beginning of the year will be taxed as dividend income.
4
A distribution in excess of E & P is treated as capital gain by shareholders.
5
The terms “earnings and profits” and “retained earnings” are identical in meaning.
6
Regardless of any deficit in current E & P, distributions during the year are taxed as dividends to the extent of accumulated E & P.
7
In a property distribution, the amount of dividend income recognized by a shareholder is always reduced by the amount of liability assumed by a shareholder.
8
Business reasons, and not tax incentives, constitute the primary motivation for most corporations to form a conglomerate and file tax and financial accounting reports on a consolidated basis.
9
A consolidated Federal income tax return may be the product of a merger of the affiliates, or another corporate combination.
10
The consolidated return rules are designed to allow a tax-neutral means by which to elect to file on a consolidated basis.
11
Most of the Federal consolidated income tax return rules are found in detailed sections of the tax Regulations.
12
When the parent acquires 51% of a subsidiary U.S. corporation, the subsidiary can join the consolidated financial statements and the consolidated tax return of the parent.
13
A consolidated Federal income tax group must meet the eligibility requirements of the Regulations on the first day of the first year for which the election to consolidate is effective, and then on the last day of every succeeding tax year.
14
The right to file on a consolidated basis is available to a group of corporations when they constitute a “parent-subsidiary affiliated group.”
15 A partnership is an association formed by two or more taxpayers (which may be any type of entity) to carry on a trade or business.
16
A limited partnership (LP) offers all partners protection from claims by the LP’s creditors.
17
The taxable income of a partnership flows through to the partners, who report the income on their tax returns.
18
Jack and Jill formed the equal JJ Partnership during the current year, with Jack contributing $100,000 in cash and Jill contributing land (basis of $60,000, fair market value of $40,000) and equipment (basis of $0, fair market value of $60,000). Jill recognizes a $40,000 gain on the contribution and her basis in her partnership interest is $100,000.
19
Section 721 provides that no gain or loss is recognized on a contribution of property to a partnership in exchange for an interest in the partnership. An exception might apply if the taxpayer receives a cash distribution from the partnership .
Wassim Zhani Federal Taxation Chapter 4 Personal and Dependency Examptions; F...Wassim Zhani
Wassim Zhani Federal Taxation Chapter 4 Personal and Dependency Examptions; Filing Status; Determination of Tax for Individual, Filing Requirements.pdf
ACC 316 – Corporate Income Tax Accounting Tax Research Proje.docxSALU18
ACC 316 – Corporate Income Tax Accounting
Tax Research Project
OBJECTIVE
The objective of this exercise is to perform appropriate research and analysis and to
prepare reports with the answers to the questions in at least two research problems from
the list below.
SUBMISSION
The research report is due no later than May 1, 2019.
The report should appropriately reference any sources used. Primary sources are, of
course, preferable.
Any electronic submissions in Word 97-2003 format should be sent to
[email protected]
Remember to include your name and course identification in the document as well as in
the file name of any electronic submissions.
RESEARCH PROBLEMS
1. Crest Corporation, a calendar-year taxpayer, was formed in 2015 and incurred
$60,000 in organizational expenditures. Had the corporation made a proper election
under Code Sec. 248, it would have been entitled to a $7,000 deduction in 2015.
However, on its 2015 tax return it erroneously claimed a $60,000 current deduction (i.e.,
it expensed the full amount in the year it was organized). Upon audit in 2018, the IRS
disallowed Crest a $7,000 deduction. Crest Corporation seeks your advise on this issue.
2 Shoots and Ladders Inc. has had taxable income the last three years, but is breaking
even this year. Elsa, the sole shareholder, has a $25,000 basis in her stock. After
consulting with a local CPA, the corporation does the following:
a. Sets up an Employee Stock Ownership Plan (ESOP).
b. Contributes $40,000 to the ESOP, borrowed for the occasion from a local bank.
c. Deducts the $40,000 as a contribution to a qualified plan, thus creating a net
operating loss of $40,000.
d. Permits the ESOP to purchase 49 percent of Elsa’s stock; she reports a long-term
capital gain of $27,750.
Can all of these transactions be executed under the rules applicable to employee stock
ownership plans.
3. What formula is used in Pennsylvania for apportionment of multistate income and
what are the corporate income tax rates?
Compare Pennsylvania’s formula to the formulae used by each the surrounding states.
Indicate when and why each state’s formula might be preferable.
mailto:[email protected]
ACC 316 – Corporate Income Tax Accounting
Tax Research Project
4. Alice White, Bertha Smith, and Carol Jones each has her own computer equipment
and service retail store. In an effort to potentially reduce their costs and increase their
control over supply channels, they buy a plant which manufactures selected computer
supplies and equipment. Each makes an equal cash contribution toward the purchase
of the plant, each has an equal capital and profits interest in the plant, and they agree to
share all losses equally. They own the plant as tenants in common. The co-owners
have a written operating agreement specifying that each has an equal interest in the
plant’s production, each is responsible for her equal share of exp.
Chapter 17 lin Yates for undergrads; Chapters 15 - 19 in Batholom.docxketurahhazelhurst
Chapter: 17 lin Yates for undergrads; Chapters 15 - 19 in Batholomew for grad students.
Review the following
https://www.youtube.com/watch?v=dAskuM4GUKo
https://www.youtube.com/watch?v=dAskuM4GUKo
http://www.sportsworldnews.com/articles/9313/20140208/world-cup-stadium-construction-claims-another-life-video.htm
http://www.sportsworldnews.com/articles/9313/20140208/world-cup-stadium-construction-claims-another-life-video.htm
ASSIGNMENT
Assignment - 6
Due at midnight MST on the last day of the week.
Review the following and then analyze the conditions listed below and present how these conditions should be dealt with as claims to an Owner, that is what types of delay, etc.
· Base contact- $77,000,000 to build a twenty story building
· Contract schedule: complete in 300 days
· Liquidated damages = $7000/day
· Owner issued notice to proceed and contractor started work on September 9, 2013
· Contractor could not access site due to property rights issues until November 20, 2013
· Excessive rain and storms prevented work from proceeding for one week in November, 2013
· Excavation contractor did not begin work until December 12, 2013, two weeks after being asked to start work
· Excavation contractor started work and encountered soil containing cyanide and stopped work.
· Contractor notified owner of cyanide soil and indicated a change order for time and material costs were required to remove the cyanide soil
· Owner stopped the work to analyze the cyanide condition
· Owner issued a change order pricing reuest after two months of time
· Contractor responded to the pricing reuest indicating 3 months of extra time and $2,000,000 of cost was reuired
· Owner accepted cost request but denied extra time request
DISCUSSION QUESTION
1. Why is it critical to notify an owner quickly if situations change on a project from what was required in the contract?
2. What is required in documenting a formal claim for extra money and time?
3. Discuss some examples of excusable and non-excusable delay.
4. What risks do contractors take when contracts contain a No Damage for Delay clause?
Group Project: MMG 714 Page 1 Prof. Andrew Banasiewicz
Group Project: MMG 714
The following scenario focuses on what is known as ‘executive risk’, which is an important aspect of
organizational management as briefly explained below, and further elaborated by associated ‘explanatory
and expository’ details associated with the italicized and numbered concepts (the superscript numbers
associated with each italicized notion) used throughout the said description. The overall goal of this
assignment is for you to estimate and substantiate the likelihood (probability) and the monetary
impact (severity, or cost) of shareholder class action litigation, which is the key element of the
aforementioned executive risk. The description included herein, and associated explanatory and
expository details are meant to provide you with sufficient understanding of ‘executive ris ...
Accounting Principle 6th Edition Weygandt Test BankGaybestsarae
Full download : https://alibabadownload.com/product/accounting-principle-6th-edition-weygandt-test-bank/ Accounting Principle 6th Edition Weygandt Test Bank , Accounting Principle,Weygandt,6th Edition,Test Bank
Four Articles for Argument EssayShould access to drinking wate.docxgreg1eden90113
Four Articles for Argument Essay
Should access to drinking water be privatized?
Should Water Be Put Up for Private Sale?" by Deborah White, retrieved from
"Should Water Be Privately Owned?" at http://www.globalissues.org/article/171/
Article by John Vidal titled "The Pros and Cons of Privatizing Water," which can be found at https://www.theguardian.com/environment/2006/aug/29/water.johnvidal.
MDC databases
Krista Mahr has written an article titled "The Pros and Cons of Privatizing Water Services," which can be found at https://www.thebalance.com/the-pros-and-cons-of-privatizing-water-services-3305581.
Elizabeth Royte has written an article titled "Privatizing Water: Pros and Cons," which can be found at https://www.ecology.com/privatizing-water-pros-and-cons/.
PRIVATIZATION OF DRINKING WATER
Brisman, A., McClanahan, B., South, N., & Walters, R. (2018). Too costly: Water and
privatization. Water, Crime and Security in the Twenty-First Century, 113-
147.https://doi.org/10.1057/978-1-137-52986-2_5
Gautam, V. (2020). Access to drinking water and the health outcome.Contemporary Issues in
Sustainable Development, 272-283.https://doi.org/10.4324/9781003141020-19
image1.png
A Critical Analysis of Accounting Concepts of Income
Author(s): Norton M. Bedford
Source: The Accounting Review, Vol. 26, No. 4 (Oct., 1951), pp. 526-537
Published by: American Accounting Association
Stable URL: https://www.jstor.org/stable/242215
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A CRITICAL ANALYSIS OF ACCOUNTING
CONCEPTS OF INCOME
NORTON M. BEDFORD
Assistant Professor, Washington University
IN THE last two decades accountants
have made remarkable progress toward
a synthesis of accounting procedures.
Both the American Accounting Associa-
tion and the American Institute of Ac-
countants have contributed to this, gather-
ing together diverse practices into a some-
what cohesive body of acceptable account-
ing principles. While it will be contended
by some that the statements and bulletins
by the accounting groups are not at-
tempts to synthesize accounting pro-
cedures, a detailed examination reveals
that more than anything else such is their
nature. More often than not the formula-
tions may be viewed as a framework into
whic.
QUESTION 1A change from the cost method to the equity method of .docxJUST36
QUESTION 1
A change from the cost method to the equity method of accounting for an investment in common stock resulting from an increase in the number of shares held by the investor requires:
A.
Only footnote disclosure
B.
That the cumulative amount of the change be shown as a line item on the income statement, net of tax
C.
That the change be accounted for currently and prospectively.
D.
Retroactive restatement as if the investor always had used the equity method
QUESTION
2
Which one of
the follow
ing is not a limitation of consolidated financial statements?
A.
Poor performance of one or more companies may be hidden by good performance of others.
B.
Information about the financial status and results of operations of the economic entity will be reported.
C.
All the consolidated retained earnings balance may not be available for dividends of the parent.
D.
Supplemental information about individual companies or groups of companies included in consolidated statements may be necessary for a fair presentation.
QUESTION 3
Which of the laws belo
w regulate the i
nitial dis
tribution of security issues in the United States?
Securities Exchange
Securities
Act of 1934
Act of 1933
A)
Yes
Yes
B)
Yes
No
C)
No
Yes
D)
No
No
A.
item A
B.
item B
C.
item C
D.
item D
QUESTION 4
The SEC requires a full and fair disclosur
e of informati
on about c
ompanies so that:
A.
investors can assess the investment quality of registered securities.
B.
the SEC can assess the investment quality of registered securities.
C.
the SEC can assess the credit worthiness of registered companies.
D.
all of the above.
QUESTION 5
Which of the following situations best describes a business combi
nation to be acc
ounted for
as a statutory merger?
A.
All of the outstanding stock of a company is acquired.
B.
Cash or other consideration is exchanged for total net assets of another company.
C.
Two companies combine to form a new third company, and the original two companies are dissolved.
D.
One company transfers assets to another company it has created.
QUESTION 6
Which one of the following items results in an identical decrease in an investor's investm
ent account unde
r both the
cost method and the equity method?
A.
Liquidating dividends from the investor's point of view.
B.
Dividend payments.
C.
Sale of one-half of the shares owned by the investor.
D.
Amortization of cost over book value.
QUESTION 7
The history of securities regulation can be traced to:
A.
medieval times.
B.
18th century English Parliament's pa
ssage of the B
ubble Acts
.
C.
18th century creation of New York Stock Exchange.
D.
the stock market crash of 1929.
QUESTION 8
Which statement below is correct about Form 10Q?
A.
This form contains a company's interim financial statements and is due 45 days after t
he end of each o
f the four
quarters.
B.
This form contains a company's Basic Information Package and is due 45 da ...
Damages Calculations in Intellectual Property Cases in CanadaDuff & Phelps
In intellectual property cases, there are two types of monetary remedy: damages and an accounting of profits. Damages represent the patentee’s loss and are the default remedy in the sense that a court is obliged to award damages on proof of infringement and consequent loss. This publication focuses on damages in patent cases, although the reasoning generally applies in trade-mark and copyright cases.
Assignment # 1 – Payroll FundamentalCanada Pension Plan Reportin.docxdavezstarr61655
Assignment # 1 – Payroll Fundamental
Canada Pension Plan Reporting Requirements on the T4
Scenario
In May of the current year, your employer received a PIER report from the CRA that identified Canada Pension Plan (CPP) contribution deficiencies for employees in the organization who:
· turned 18 during the year
· turned 70 during the year
· had chosen to opt out of paying CPP by submitting a completed CPT30 form
To avoid a recurrence, the Payroll Manager, Mary Arnstein, has asked you to prepare a summary of the CPP reporting requirements on T4 information slips. The summary will be used to validate the current payroll setup to ensure that the T4s will be completed properly in future. Provide information on the CPP related boxes that must be completed, including how any amounts are calculated, for employees who:
· are under 18 for the entire year
· turn 18 during the year
· are over 70 for the entire year
· turn 70 during the year
· submit a completed CPT30 form during the year, electing to stop contributing to the Canada Pension Plan
· submit a completed CPT30 form during the year, revoking their previous election to stop contributing to the Canada Pension Plan
Prepare your response (250 - 450 words) using correct spelling, grammar and punctuation. You will be penalized if you are excessively over or under the suggested word count. Your response to this question must be stated in your own words and should be based on the course material, your experiences, knowledge gained through the course and at least one external government resource.
Any responses taken directly from the external government resource or course material will not be accepted. Information referenced from the government resource(s) and the course material must be cited. For example:
· if you are referencing the Canada Revenue Agency’s Employers' Guide - Payroll Deductions and Remittances – T4001, state the URL where the information can be found, http://www.cra-arc.gc.ca/E/pub/tg/t4001/README.html and the page number, if applicable
· if you are referencing the course material, state the course name, chapter and page number where the information can be found
It is recommended that you prepare your response using MS Word.
Note: It is recommended using the Canada Revenue Agency’s Employer’s Guide, is most specific contains.
Supreme Court of Ohio.
AGLEY, Appellant,
v.
TRACY, Tax Commissioner, Appellee.
AGLEY et al., Appellants,
v.
TRACY, Tax Commissioner, Appellee.
TIMMIS et al., Appellants,
v.
TRACY, Tax Commissioner, Appellee.
Nos. 98-1879, 98-1880, 98-1881.
Submitted Sept. 21, 1999.
Decided Dec. 8, 1999.
In three separate cases, nonresident shareholders of Subchapter S corporations appealed from decisions of the Board of Tax Appeals denying claimed income tax refunds. The Supreme Court, Lundberg Stratton, J., held that the shareholders were subject to income tax on their distributive share of the S corporations' income.
Affirmed.
West Headnotes
[1]KeyCite Notes 371 Taxation
.
A.) TrueFalse1 A distribution from a corporation will be .docxrhetttrevannion
A.)
True/False
1
A distribution from a corporation will be taxable to the recipient shareholders only to the extent of the corporation’s E & P.
2
All distributions that are not dividends are a return of capital and decrease the shareholder’s basis.
3
All cash distributions received from a corporation with a positive balance in accumulated E & P at the beginning of the year will be taxed as dividend income.
4
A distribution in excess of E & P is treated as capital gain by shareholders.
5
The terms “earnings and profits” and “retained earnings” are identical in meaning.
6
Regardless of any deficit in current E & P, distributions during the year are taxed as dividends to the extent of accumulated E & P.
7
In a property distribution, the amount of dividend income recognized by a shareholder is always reduced by the amount of liability assumed by a shareholder.
8
Business reasons, and not tax incentives, constitute the primary motivation for most corporations to form a conglomerate and file tax and financial accounting reports on a consolidated basis.
9
A consolidated Federal income tax return may be the product of a merger of the affiliates, or another corporate combination.
10
The consolidated return rules are designed to allow a tax-neutral means by which to elect to file on a consolidated basis.
11
Most of the Federal consolidated income tax return rules are found in detailed sections of the tax Regulations.
12
When the parent acquires 51% of a subsidiary U.S. corporation, the subsidiary can join the consolidated financial statements and the consolidated tax return of the parent.
13
A consolidated Federal income tax group must meet the eligibility requirements of the Regulations on the first day of the first year for which the election to consolidate is effective, and then on the last day of every succeeding tax year.
14
The right to file on a consolidated basis is available to a group of corporations when they constitute a “parent-subsidiary affiliated group.”
15 A partnership is an association formed by two or more taxpayers (which may be any type of entity) to carry on a trade or business.
16
A limited partnership (LP) offers all partners protection from claims by the LP’s creditors.
17
The taxable income of a partnership flows through to the partners, who report the income on their tax returns.
18
Jack and Jill formed the equal JJ Partnership during the current year, with Jack contributing $100,000 in cash and Jill contributing land (basis of $60,000, fair market value of $40,000) and equipment (basis of $0, fair market value of $60,000). Jill recognizes a $40,000 gain on the contribution and her basis in her partnership interest is $100,000.
19
Section 721 provides that no gain or loss is recognized on a contribution of property to a partnership in exchange for an interest in the partnership. An exception might apply if the taxpayer receives a cash distribution from the partnership .
Wassim Zhani Federal Taxation Chapter 4 Personal and Dependency Examptions; F...Wassim Zhani
Wassim Zhani Federal Taxation Chapter 4 Personal and Dependency Examptions; Filing Status; Determination of Tax for Individual, Filing Requirements.pdf
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
Skye Residences | Extended Stay Residences Near Toronto Airportmarketingjdass
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What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
chapter 10 - excise tax of transfer and business taxation
Wassim Zhani Chapter 17 Sources and Applications of Federal Tax Law.pdf
1. Sources and Applications
of Federal Tax Law
Solutions to Tax Research Problems
TA X RE S E A R C H PR O B L E M S
17-17 a. CA-7. This information is shown in the citation for the case.
b. No. There is no Supreme Court citation listed.
c. Tax Court and reported as a memorandum decision, as shown in the citation of the case.
17-18 It would be difficult to tell from the Citator alone exactly what effect the decision in Arkansas Best v.
Comm. had on the Corn Products, v. Comm. case. For example, in the RIA (Prentice Hall) Citator Arkansas
Best and Corn Products are referenced by the symbol “k,” which stands for “the cited and citing case
principles are reconciled.” It is probably best to read the two cases to see how they interrelate. The Citator
does alert the reader to the fact that both cases address the same issue, however.
17-19 a. The United States Court of Appeals for the Eleventh Circuit (CA-11) decided the Robert Autrey, Jr. v.
United States case on appeal.
b. A United States District Court originally tried the case.
c. The Court of Appeals affirmed part of the District Court’s decision and reversed part of it.
17-20 a. The U.S. Tax Court tried the case of Fabry v. Commissioner.
b. The judge used the following sources in framing his opinion:
(1) Internal Revenue Code § 104;
(2) Legislative history of § 104 located at 83rd Cong., 2nd Sess. 15 (1954);
(3) Various case citations; and
(4) S. Rept. 1622, 83rd. Cong., 2nd Sess. 15-16 (1954).
17-21 a. No. The government won the case.
b. Judge Atkins.
c. Whether operating a farm with breeding cattle and incurring net losses qualified as a business activity
and therefore the net losses were deductible, or as a hobby and therefore the losses were not deductible.
17-22 a. 1998-51 I.R.B. 6
b. Lawrence W. McCoy, 38 T.C. 841 (1962)
c. Reginald Turner, 13 TCM 462, T.C. Memo 1954-38
d. RCA Corp. v. U.S., 81-2 USTC {9783 (CA-2, 1981)
e. RCA Corp. v. U.S., 48 AFTR2d 6164 (CA-2, 1981)
f. RCA Corp. v. U.S., 664 F.2d 881 (CA-2, 1981)
g. Comm. v. Wilcox, 66 S. Ct. 546 (USSC, 1946)
17
17-1
2. h. Thor Power Tool, 79-1 USTC {9139 (USSC, 1979)
i. M.G. Anton, 34 T.C. 842 (1960)
j. Brian E. Knutson, 60 TCM 540, T.C. Memo 1990-440
k. Samuel B. Levin v. Comm., 43 AFTR2d 79-1057 (Ct. Cls., 1979)
17-23 a. Issue: Whether Battelstein Investment Company unreasonably accumulated earnings so as to be
subject to the § 531 accumulated earnings tax.
b. Issue 1: Whether Code § 1034 fixes which of several sequential sales (within the statutory replacement
period) is entitled to the benefit-of-gain exclusion on the sale of a taxpayer’s principal residence.
Full cite is 47 TCM 904.
Issue 2: When gain goes unrecognized under § 1034(a), does § 1034(e) require that the basis of the new
principal residence be reduced by the amount of the deferred gain?
c. Issue 1: Was the amount paid to the taxpayer a dividend taxable as ordinary income, or was the
transaction a redemption (i.e., treated as a sale-purchase) by the corporation of all of the taxpayer’s
stock?
Issue 2: Was the payment in question essentially equivalent to a dividend?
Issue 3: Was the payment in question a complete termination of the taxpayer/shareholder’s interest,
and therefore, to be treated as a qualifying redemption (i.e., sale)?
d. Issue: Whether Code § 704(d) allows a former partner to deduct his payment to the partnership of a
portion of his distributive share of partnership losses, which was not previously deductible while he was
a partner because the basis of his partnership interest was zero.
e. Issue: Whether the taxpayer permitted its earnings and profits to accumulate beyond the reasonable
needs of the business. (Note that this case is similar to the Battelstein Investment Co. case cited in a
above.)
f. Issue 1: Whether the taxpayer is entitled to an interest deduction under Code § 163(a).
Issue 2: Whether the incorporating shareholders’ 1968 advances to the corporation (the petitioner in
this case) are considered bona fide loans or contributions to capital.
g. Permanent citation should be 1985-1 C.B. 184.
Issue 1: Whether a grantor’s receipt of the entire corpus of one irrevocable trust in exchange for an
unsecured promissory note given to the trustee, the grantor’s spouse, constituted an indirect borrowing
of the trust corpus that caused the grantor to be the owner of the entire trust under § 675(3).
Issue 2: To the extent that a grantor is treated as the owner of a trust, whether the trust will be
recognized as a separate taxpayer capable of entering into a sales transaction with the grantor.
h. 1985-2 C.B. 716. This Revenue Procedure increases the operational standard mileage rate for the
business use of an automobile and for when the automobile is used to render gratuitous service to a
charitable organization.
i. Permanent citation should be 84 T.C. 210.
Issue 1. Whether the taxpayers were engaged in an enterprise entered into for profit or whether their
activity amounted to a hobby.
Issue 2. Whether certain nonrecourse notes may be included in the basis of equipment acquired by the
taxpayer.
j. 1986-2 C.B. 62.
Issue: Under a given set of circumstances, may a lump sum cash distribution from a deferred plan be
rolled over tax-free into an IRA?
k. 106 U.S. 522.
Issue: May a casino, on the accrual basis, deduct amounts guaranteed for payment on “progressive”
slot machines but not yet won by playing patrons?
l. Issue: The ruling relates to a spin-off of a corporate subsidiary.
17-24 T should be advised that he is not eligible for an office in the home deduction.
5- Section 280A provides that a taxpayer may take expenses incurred in the use of his or her home for
business purposes if such expenses are attributable to the portion of the home used exclusively and
regularly as
1. The principal place of business for any trade or business of the taxpayer;
2. A place of business that is used by patients, clients, or customers in meeting or dealing with the
taxpayer in the normal course of his or her trade or business; or
3. A separate structure, not attached to the dwelling unit, that is used in the taxpayer’s trade or business.
17-2 Chapter 17 Sources and Applications of Federal Tax Law
3. 5- First, this taxpayer probably fails the “exclusive use” test by using the den of his home for his work.
The “exclusive use” test is strictly interpreted, so the use of the business portion of a home by the taxpayer
or members of his family for purposes not related to business will result in the disallowance of the business
expense deductions. Second, this taxpayer does not use his home office as the principal place of business in
meeting or dealing with patients, clients, or customers in the normal course of his trade or business. It
appears that the work the taxpayer brings home is simply additional work connected to the work he does
during the day at the office. Third, the taxpayer has an office provided by his employer available to him at
all times. There is case precedent holding that lack of amenities during the weekend and after hours
does not produce an office in the home deduction for a taxpayer who chooses to work at home rather than
in his office.
5- Because this is the first legal research problem the student has ever done, the instructor should check
the work as follows:
1. Make sure the citations are correct.
2. Correct spelling, punctuation, and grammar; and stress that unless the research is well-organized and
well-written, it will never be read.
5- The instructor might also wish to introduce § 280A’s treatment in CCH or RIA here by bringing the
appropriate volume to class and going through its organization.
17-25 This research project is open-ended and therefore has no printed solution. The quality of the article depends
on the extent of tax journals held by your library. The instructor is encouraged to evaluate the writing skills
of the student as well as the quality of their tax research.
17-26 Answers to this question should be fairly standard because the legal issue is a relatively simple one. The
student should show some ability to read and analyze the appropriate cases. Most students will find the
cases through CCH or RIA. The instructor should stress that the cases themselves should be read and not
simply the summaries in the reporters. Emphasis should be placed on evaluating the student’s writing skills.
The instructor should stress that the use of English writing skills is absolutely necessary in order to be an
effective tax researcher. If time permits, the instructor should discuss the student’s paper on an individual
basis, since students vary so greatly in writing skills and analytical ability.
5- The following themes, based on the student’s analysis of § 213, should be fairly standard in most
papers:
a. The expenditure is deductible to the extent it exceeds the increase in fair market value. Most of the
cases on point support this deduction.
b. Is the doctor’s “strong recommendation” enough to sustain this deduction? Is something stronger
required?
c. Is the fact that there are no swimming pools nearby relevant?
d. Will the courts question the $15,000 expenditure? Can she obtain almost the same kind of facility for a
lot less money?
5- Code § 213(a) provides a deduction for expenses paid during the taxable year, not compensated for by
insurance or otherwise, for medical care of the taxpayer. The Regulations at Reg. § 1.213-1(e)(1)(iii)
provide that capital expenditures are generally not deductible for Federal income tax purposes. However,
an expenditure that otherwise qualifies as a medical expense under § 213 shall not be disqualified merely
because it is a capital expenditure.
5- The Internal Revenue Service itself has allowed a deduction in the case of swimming pools. Rev. Rul.
83-33, 1983-1 C.B. 70 (modifying Rev. Rul. 54-57, 1954-1 C.B. 67) allowed a deduction for the cost of
constructing a special exercise or lap pool to treat severe osteoarthritis. The amount of the deduction was
the expenditure in excess of the resulting increase in the value of the taxpayer’s related property. The
Seventh Circuit has agreed with this approach in C. H. Ferris, 78-2 USTC {9646, 582 F2d 1112 (CA-7,
1978), rev’g and rem’g 36 TCM 765. In Ferris, the taxpayer built a swimming pool for therapeutic
purposes. The Appeals Court held that the taxpayer was entitled to a deduction for the minimally
reasonable cost of a functionally adequate pool. Additionally, costs related to luxuries unrelated to the
therapeutic use of the pool were disallowed. The Tax Court is in agreement with this approach, and has
held (under similar circumstances) that the taxpayer is entitled to deduct the cost of building a swimming
pool used for medical purposes to the extent that such costs exceed the amount by which the addition of
the pool had increased the fair market value of the home. (See C. L. W. Haines, 71 T.C. 644, and R. A.
Polacsek, 42 TCM 1289.)
Solutions to Tax Research Problems 17-3
4. 17-27 This problem should further introduce the beginning student to elements of tax research. Instructors should
check students’ writing style in addition to the technical tax analysis. Technically, the obstacle this taxpayer
will encounter is that this course is part of an overall program of study that will prepare him for a new
trade or business. [See Reg. § 1.162-5(b)(3).]
5- The cases the students will uncover will be against this taxpayer. [See David Roeberg, 29 TCM 1007, T.
C. Memo 1970-236, and Danielson v. Quinn, 45 AFTR2d 80-1555, 482 F. Supp.§ 275 (DC, 1980).]
5- The dicta in these and other cases may contain rays of hope for the taxpayer, but they are slight indeed
when compared to the overwhelming authority against deductibility. You might ask the student if there is
any hope for this taxpayer, and whether a tax preparer could ethically prepare a return with these
deductions taken.
17-4 Chapter 17 Sources and Applications of Federal Tax Law
5. Sources and Applications
of Federal Tax Law
Test Bank
True or False
1. Once a tax law is enacted by Congress, any official interpretations of the law are by subsequent court
decisions.
2. The House Ways and Means Committee holds hearings on proposed revenue bills initiated by the
Senate.
3. The primary purpose of the Code of Federal Regulations is to answer questions from taxpayers
concerning specific tax problems.
4. Although temporary regulations have the same binding effect as final regulations, proposed
regulations have no force or effect.
5. Unlike interpretative regulations, legislative regulations are not controlling on a court. Thus, the
courts will not hesitate to substitute their own judgment for that of the Treasury Department.
6. Both revenue rulings and revenue procedures are first published in the Internal Revenue Bulletin and
then eventually published in the Cumulative Bulletin.
7. The Internal Revenue Service may exercise discretion in determining whether to issue a letter ruling to
a particular taxpayer.
8. A letter ruling, or private ruling, is an individual response to a taxpayer, and it is generally understood
to apply to all taxpayers.
9. The three trial courts where tax matters may be litigated—the U.S. District Court, the U.S. Court of
Federal Claims, and the U.S. Tax Court—are all courts of original jurisdiction.
10. In the Small Claims Section of the U.S. Tax Court, the taxpayer forgoes the right to appeal the
decision if she or he loses.
11. An appeal of an adverse decision by the Tax Court may be taken as a matter of right to the
appropriate U.S. Court of Appeals.
17
17-5
6. 12. Under the Golsen rule, the Tax Court follows the decisions of the Circuit Court to which a particular
case would be appealed.
13. It is not possible for the Appellate Court to affirm the decision of a lower court on one particular issue
and reverse it on another.
14. A Writ of Certiorari is the means by which the United States Court of Appeals grants review to a
decision of the Tax Court.
15. In the following citation, Eugene Coloman, 33 TCM 411, T.C. Memo 1974-78, aff’d. in 76-2 USTC
{9581, 38 AFTR2d 76-5523, 540 F.2d 427 (CA-9, 1976), the researcher would know that the original
decision in the trial court was made by the Tax Court in a memorandum decision and that the case on
appeal was affirmed by the Ninth Circuit, U.S. Court of Appeals.
16. The IRS announces its acquiescence or nonacquiescence to the memorandum decisions of the Tax
Court.
17. A major difference between primary authorities and secondary authorities is that secondary sources
are merely unofficial interpretations of tax law and have no legal authority.
18. A tax service has limited value because it only summarizes court decisions on a particular point of tax
law.
19. For a tax researcher, the weight accorded a particular court decision often may be determined by the
reliance placed on that decision by other courts.
20. Since the enactment of the Tax Equity and Fiscal Responsibility Act, taxpayers are subject to a
penalty if there is a substantial underestimate of tax attributable to a particular treatment for which
they have no substantial authority, unless the treatment is disclosed on the tax return.
Multiple Choice
21. The body or group that generally initiates revenue bills is
a. The IRS
b. The House of Representatives
c. The Senate
d. The Joint Conference Committee on Taxation
e. The Ways and Means Committee
22. Which of the following sources of authority would most likely contain a review of Congress’s
intentions with respect to a particular piece of tax legislation?
a. Internal Revenue Code
b. Report of the House Ways and Means Committee
c. Code of Federal Regulations
d. Revenue procedures
e. Technical advice memoranda
23. For the most accurate indication of Congressional intent for the enactment of a particular tax bill, a
researcher would most likely consult the
a. Report issued by the House Ways and Means Committee
b. Report issued by the Senate Finance Committee
c. Report issued by the Joint Conference Committee on Taxation
d. Records of debate on the bill
e. Regulations and rulings of the Internal Revenue Service
17-6 Chapter 17 Sources and Applications of Federal Tax Law
7. 24. Which of the following statements is not a characteristic of the Internal Revenue Code?
a. The basis of Congressional authority for the Federal income tax is the Sixteenth Amendment to
the U.S. Constitution.
b. Changes made in the tax law after 1986 are incorporated into the 1986 Code as amended.
c. Any change in the Internal Revenue Code generally starts in the House of Representatives.
d. When a tax advisor is citing a particular item within the Internal Revenue Code, citation of the
section number alone is usually sufficient.
e. The reasons why Congress made a particular change or addition to the Internal Revenue Code
are given within the Code itself.
25. Which of the following administrative interpretations would be generally accorded the force and effect
of law?
a. Technical advice memoranda
b. Interpretative regulations
c. Letter rulings
d. Procedural regulations
e. Legislative regulations
26. Which of the following best describes IRS interpretative regulations?
a. They are binding on both the IRS and the courts.
b. They commit the IRS to a particular position on the Code.
c. They apply only to the particular person for whom they were written.
d. Both a. and b.
27. Which one of the following types of Regulations cannot be cited as authoritative?
a. Proposed regulations
b. Temporary regulations
c. Procedural regulations
d. Interpretative regulations
e. Legislative regulations
28. Temporary regulations are generally issued
a. Shortly after enactment of a major change in the tax law so that a taxpayer has guidance until
final regulations are formulated.
b. To clarify existing regulations that are incomplete.
c. To deal with taxpayers living temporarily overseas who may be subject to tax treaties between the
United States and foreign countries.
d. To define tax treatment for a general set of facts on which the Code is silent; they have the full
force and effect of law until the Code addresses the issue.
e. To interpret the Code, but they do not have the same binding effect as final regulations.
29. The difference between regulations and revenue rulings is that
a. Revenue rulings are not limited to a given set of facts and regulations are limited.
b. Revenue rulings are the direct law-making powers of Congress and regulations are not.
c. Rulings require approval by the Secretary of the Treasury; regulations do not.
d. Revenue rulings do not have the authority of regulations; regulations are a direct extension of the
law-making powers of Congress.
e. Only regulations are official pronouncements of the National Office of the IRS.
30. Which one of the following authorities is not correctly paired with a source where that authority might
be found?
a. Revenue procedures may be found in the Cumulative Bulletin.
b. Legislative regulations may be found in the Code of Federal Regulations.
c. Revenue rulings may be found in the Internal Revenue Bulletin.
d. Revenue procedures may be found in the Internal Revenue Bulletin.
e. Letter rulings may be found in the Code of Federal Regulations.
Test Bank 17-7
8. 31. Taxpayers who are in doubt about the particular tax consequences of a contemplated transaction may
ask the IRS for a ruling on the tax question involved. Which one of the following statements is not
true?
a. The IRS may decline to issue a letter ruling.
b. Letter rulings apply only to the particular taxpayers with a particular set of facts asking for the
ruling.
c. During the process of obtaining a ruling, the IRS may recommend changes in a proposed
transaction to assist taxpayers in reaching the result they wish.
d. Letter rulings are available in digest form to allow other taxpayers to cite them as authority when
they match the particular set of facts for which the letter ruling was issued.
e. None of the above; all are true.
32. Letter ruling 201107048 was issued in which of the following months.
a. January 2011
b. February 2011
c. March 2011
d. April 2011
e. May 2011
33. Before litigating a tax case in court, the taxpayer must
a. Have exhausted the required administrative remedies available within the IRS
b. Convince the judiciary branch that the IRS misinterpreted tax law or wrongly applied it to the
taxpayer’s case
c. Try to find a similar court decision from the past and present the case to that Court
d. Enter into agreement with the IRS to use the Court as arbiter
e. Not be guilty of fraud in the original or amended return at issue
34. Which of the following could be a reason for a taxpayer not taking his tax case to a federal court of
appeals?
a. Too expensive
b. Failure to exhaust all the administrative remedies
c. No appealable decision from a trial court
d. All of the above
35. The trial court that a taxpayer may not select is
a. The Tax Court
b. The U.S. District Court
c. The U.S. Court of Federal Claims
d. The U.S. Court of Appeals
36. Which of the statements below is not a characteristic of the Tax Court?
a. Appeal is taken to the U.S. Court of Appeals.
b. A jury trial is not available.
c. The Court accepts only tax cases.
d. Taxpayers must pay the alleged deficiency and then sue for a refund.
e. The Court has nationwide jurisdiction.
37. Which of the following is not a characteristic of U.S. District Courts?
a. A District Court is not a national court.
b. A taxpayer need not pay any alleged deficiency in order to bring an action against the IRS.
c. The District Court hears many kinds of cases, including but not limited to tax cases.
d. The District Court judges are appointed for life.
e. The taxpayer may obtain a jury trial; the jury decides matters of fact but not matters of law.
38. A taxpayer may take a case into the District Court
a. Only in the district where he or she resides
b. Only if the disputed tax deficiency has not been paid
c. Only to appeal the decision of the Tax Court or U.S. Court of Federal Claims
d. Only if a Writ of Certiorari is granted
e. Only if the Tax Court or U.S. Court of Federal Claims declines to hear the case
17-8 Chapter 17 Sources and Applications of Federal Tax Law
9. 39. Although the Small Tax Division of the U.S. Tax Court allows a taxpayer to obtain a decision with
little formality or expense, a disadvantage is that
a. The taxpayer loses the right to appeal the decision.
b. The case can be remanded to Tax Court.
c. Special judges outside their area of expertise may be ruling.
d. Priority on the trial calendars is not received.
e. Cases eligible to be tried by the Court are limited to tax at issue of $50,000 or less.
40. Which one of the following authorities is not correctly paired with a reporter or case system where
that authority might be found?
a. Regular decisions of the United States Tax Court may be found in the United States Tax Court
Reports.
b. A tax decision of the Court of Federal Claims may be found in the U.S. Tax Cases.
c. A decision of the Small Tax Division of the Tax Court may be found in the United States Tax
Court Reports.
d. A decision of the Supreme Court of the United States may be found in the Supreme Court
Reports (U.S.).
e. A tax decision of the Court of Federal Claims may be found in the American Federal Tax Reports.
41. Which one of the following is not true of the Supreme Court’s appellate jurisdiction?
a. Most of the time the Supreme Court indicates that it will accept a case by granting a Writ of
Certiorari.
b. The Supreme Court reviews many tax cases during the year because of their national importance.
c. The Supreme Court often accepts cases when two or more Courts of Appeals are in conflict over
an issue.
d. The Supreme Court does not conduct another trial but reviews the record of the trial court to
determine if that court correctly applied the law to the facts.
e. The Supreme Court may accept a case where a Court of Appeals has settled an important
question of Federal law and the Supreme Court feels such a question should have another review.
42. In general, the Supreme Court only hears tax cases when one or more of certain conditions apply.
These conditions exclude which of the following?
a. The Courts of Appeals are in conflict on an issue.
b. A decision of a Court of Appeals is in apparent conflict with a decision of the Supreme Court.
c. The Supreme Court has already decided an issue but feels that the issue should be looked at
again, possibly to reverse its previous decision.
d. The tax deficiency involved exceeds $100,000.
e. The Court of Appeals has not used accepted or usual methods of judicial procedure or has
sanctioned an unusual method by the trial court.
43. Which of the following is not true of the Supreme Court’s appellate jurisdiction?
a. All cases reach the Supreme Court through the Court’s granting a Writ of Certiorari.
b. The Supreme Court will not hold another trial but merely reviews the records of the lower courts.
c. Review by the Supreme Court is almost entirely discretionary.
d. For most taxpayers, the final review is at the Court of Appeals level because the Supreme Court
does not hear many tax cases.
e. The Supreme Court’s decision not to grant a Writ of Certiorari means that the decision of the
lower court still stands.
44. All of the following citations are to trial court decisions except
a. George E. Jones, 21 B.T.A. 431 (1940)
b. Harper Smith, 577 F.2d 212 (CA-3, 1978)
c. Jerome Prizant, 30 TCM 817
d. George F. Dowell v. U.S., 370 F. Supp. 69 (D. Ct. Tx., 1974)
e. Raymond R. Windle, 65 T.C. 483
45. Which one of the following is not a citation to a Tax Court decision?
a. Simon Shield v. U.S., 79-1 USTC {8431
b. Robert L. Lynch, 84 T.C._______, 29 (1984)
c. James Pretzfelder, T.C. Memo 1983-147
d. Timothy Kirby, 47 TCM 814
e. J. Simpson Dean, 35 T.C. 1083 (1961)
Test Bank 17-9
10. 46. Which of the choices below is the publisher in this citation: Johnson v. Oregon, 86-1, USTC {322 (D.
Ct. Cal., 1986).
a. Commerce Clearing House
b. Prentice Hall
c. West Publishing Co.
d. Research Institute of America
e. Senate Finance Committee
47. Which one of the following is not a secondary source of tax authority?
a. The Accountant’s Index, American Institute of Certified Public Accountants
b. Kulsrud, “The Alternative Minimum Tax: Its Operation and Effect after TEFRA,” The Review
of Taxation of Individuals, 7 (Summer, 1983)
c. Crane v. Comm., 47-1 USTC {9217, 35 AFTR 776, 331 U.S. 1 (USSC, 1947)
d. Harris, “The Effect of the Installment Sales Revision Act of 1980 on Like-Kind Exchanges:
Nonsimultaneous Exchanges Reviewed,” Taxes—The Tax Magazine, (July, 1981)
e. The Tax Law Review
48. Which one of the following is not a primary authority of tax law?
a. Code § 1245(b)(3)
b. Regulations § 1.47-3(f)(2)
c. May v. U.S., 81-1 USTC {9286, 47 AFTR2d 81-1124, 644 F.2d 578 (CA-6, 1981)
d. Bailey, “Using Voting Preferred Stock to Avoid CFC Status,” The International Tax Journal 2
(January 1976) pp. 101-13
e. Revenue Rul. 80-219, 1980-2 C.B. 18
49. Tax periodicals are an important source of information for the tax practitioner. Which of the
following is not true about tax periodicals?
a. They may be cited as authority in disputes with the IRS during administrative review or appeal.
b. They may give insight into recent court interpretations of tax laws.
c. They may provide question and answer sections to ensure that the reader comprehends the
concepts and ramifications of recent rulings.
d. They generally offer concise summaries of new tax laws.
e. They serve to convey new tax planning opportunities.
50. T lives in a residence owned by her employer. She has worked for her company for more than five
years as a civil engineer. Once or twice a year T entertains clients in the home and she occasionally
brings work home from the office. The house is located in a suburb 15 miles from the downtown
office. Would a court be likely to rule that the employee lives on business premises?
a. Yes, because T entertains clients in the home and brings work home.
b. No, because T’s occupancy of the house is not for the employer’s convenience.
c. Yes, because the house is owned by the employer.
d. No, because T lives more than 10 miles from the office.
e. Both b. and d.
51. When posed with a particularly complex tax question, a researcher with little previous experience with
the issue would be best served at the outset by consulting
a. The Internal Revenue Code
b. The Treasury Regulations
c. The applicable legislative history
d. A “tax service” (e.g., CCH, RIA)
52. After completing basic research on a tax question, but before acting on the results of this research, it is
wise to
a. Check the newest updates to the loose-leaf “tax services.”
b. Run a search on LEXIS or WESTLAW for the period not covered by your research sources.
c. Send a copy of the research to the IRS for validation.
d. Both a. and b.
17-10 Chapter 17 Sources and Applications of Federal Tax Law
11. 53. After doing extensive research on a tax question that involved certain matters that did not fall into
established guidelines, the tax researcher made a filing that was based on what he reasonably believed
the current law to be. This interpretation resulted in a substantial tax savings for his client. The return
a. Should contain a statement disclosing the manner in which the “grey” tax question was treated
b. Should not contain any reference to a “grey” tax area in order to avoid arousing the IRS’s
curiosity
c. Should not be filed if any of it is based on assumptions by the tax researcher on what the law is
“likely to be”
d. Both b. and c.
54. Which of the following is true of revenue rulings?
a. Although they represent the official policy of the IRS, courts may overrule them.
b. Lower courts are bound by them.
c. They are a subset of Treasury Regulations.
d. Once affirmed by an appellate court, they have the force of law.
e. All of the above are true.
Test Bank 17-11
12.
13. Sources and Applications
of Federal Tax Law
Solutions to Test Bank
True or False
1. False. Court decisions, IRS administrative releases, and Treasury Department releases constantly redefine
and explain tax laws. (See p. 17-2.)
2. False. The House Ways and Means Committee structures a proposed bill initiated by the House of
Representatives before it is presented for vote by the full House. (See pp. 17-3 and 17-4.)
3. False. The primary purpose of the Regulations is to explain and interpret particular Code sections. (See
p. 17-6.)
4. True. Temporary regulations have the same binding effect as final regulations until they are withdrawn or
replaced. Proposed regulations have no force or effect; however, they do provide insight into how the IRS
currently interprets a particular Code Section. (See p. 17-6.)
5. False. Legislative regulations have the force and effect of law. A court reviewing the regulations usually
will not substitute its judgment for that of the Treasury Department unless the Treasury has clearly abused
its discretion. (See p. 17-7.)
6. True. Revenue rulings and revenue procedures are published in the weekly issues of the Internal Revenue
Bulletin, and then are published semiannually in the Cumulative Bulletin. (See p. 17-8.)
7. True. The IRS has discretion about whether to rule or not and has issued guidelines describing the
circumstances for which it will issue a ruling. (See pp. 17-9 and 17-10.)
8. False. In fact, letter rulings apply only to the particular taxpayer asking for the ruling and are not
applicable to all taxpayers. (See pp. 17-9 and 17-10.)
9. True. The courts of original jurisdiction are the courts where litigation begins. The taxpayer has a choice of
forums in which to begin litigation. Since it is only in the Tax Court that the taxpayer may litigate without
paying the tax deficiency, most tax matters are litigated in this court. (See pp. 17-10 through 17-12.)
10. True. In return for priority on the trial calendar, relatively informal rules, and a minimum of delay and
expense, the taxpayer must give up the right to appeal. (See p. 17-12.)
17
17-13
14. 11. True. Taxpayers may appeal to the Courts of Appeal as a matter of right and these courts must hear their
cases. (See pp. 17-12 and 17-13.)
12. True. This practice is followed even if the Tax Court disagrees with a Circuit Court’s view. See Jack
E. Golsen, 54 T.C. 742 (1970). (See p. 17-13.)
13. False. This is not a particularly unusual situation. Another possibility is for the Appellate Court to
remand the case for another trial or for rehearing on another point not previously covered. (See p. 17-14.)
14. False. Cases may be submitted to the Supreme Court of the United States through a request known as a
Writ of Certiorari. If the Supreme Court decides to hear the case, it grants the Writ of Certiorari. If it
decides not to hear the case, it denies the Writ of Certiorari. (See p. 17-14.)
15. True. The case was originally decided in the Tax Court as a memorandum decision and was subsequently
appealed to the Ninth Circuit Court of Appeals, which affirmed the Tax Court. (See pp. 17-15 through 17-17.)
16. False. The IRS had adopted the practice of announcing its acquiescence to the regular decisions of the
Tax Court. The IRS does not follow this practice for the decisions of the other courts or even for the
memorandum decisions of the Tax Court. (See p. 17-16.)
17. True. Secondary sources of tax information consist of books, periodicals, articles, newsletters, and
editorial judgments. They have no binding legal authority, but are often consulted because they contain
explanations of positions on important tax questions. (See p. 17-18.)
18. False. A tax service generally contains either excerpts from or citations to the Code, Regulations, Court
decisions, IRS releases, and explanations of these primary authorities by the editors. (See p. 17-18.)
19. True. The validity of a particular decision may be assessed by examining how the courts in subsequent
cases viewed the cited decision. For example, subsequent cases may have agreed with, disagreed with, or
distinguished the decision in question. (See p. 17-22.)
20. True. According to § 6661, “substantial authority” is difficult to define, but the standard probably lies
somewhere between “reasonable support” and “more likely than not.” (See p. 17-23.)
Multiple Choice
21. b. The House of Representatives has the basic responsibility for initiating revenue bills. Tax bills generally
do not originate in the Senate except when they are attached to other bills. The Ways and Means
Committee considers and structures bills before they are presented for vote by the full House of
Representatives, but the committee members do not initiate the bills. (See pp. 17-3 and 17-4.)
22. b. Committees of Congress often generate records of the debates on a tax bill that are quite helpful in
determining Congress’s intention with respect to a particular piece of legislation. The House Ways and
Means Committee, the Senate Finance Committee, and the Joint Conference Committee on Taxation
all issue reports that at times may be helpful to the tax researcher trying to determine legislative
intention. (See p. 17-3.)
23. a. All of the choices, except e, shed light on the Congressional intent of a particular bill. However, the
report issued by the House Ways and Means Committee provides the historical background of the
proposed legislation along with the reasons for enactment and is usually one of the better sources of
Congressional intent. (See p. 17-3.)
24. e. Reasons for changes or additions are not given within the Internal Revenue Code itself. However,
Congressional committees involved in the passage of the tax law changes often issue committee reports
detailing the reasons for the change and Congressional intent in making the changes. These sources are
very helpful to a researcher who is trying to determine Congressional intent for purposes of statutory
interpretation. (See p. 17-3.)
17-14 Chapter 17 Sources and Applications of Federal Tax Law
15. 25. e. Quite often, legislative regulations occur when there are virtually no Code sections governing the area
such as consolidated returns. In these situations, the regulations in effect serve in lieu of the Code (e.g.,
the regulations dealing with filing a consolidated tax return). In this case and others where it occurs, the
regulation has the force and effect of a law. A court reviewing the regulation will not substitute its
judgment for that of the Treasury Department unless the Treasury has clearly abused its discretion.
(See pp. 17-6 through 17-10.)
26. b. Interpretative regulations do not have the force of law that legislative regulations do, but they
nevertheless bind the IRS to a particular position. (See p. 17-7.)
27. a. Proposed regulations have no force or effect and are issued to elicit comment from interested parties.
They can provide insight into how the IRS currently interprets a particular Code section but cannot be
cited as authoritative. (See p. 17-6.)
28. a. Temporary regulations are issued after the enactment of a major change in tax laws. These temporary
regulations have the same binding effect as final regulations until they are withdrawn or replaced. (See
pp. 17-6 and 17-7.)
29. d. Regulations are a direct extension of Congress whereas revenue rulings are an application of the
administrative powers of the IRS. (See pp. 17-6 through 17-10.)
30. e. Letter rulings appear in digests published by the leading tax commentators and publishers such as
Commerce Clearing House and RIA. The Code of Federal Regulations reprints regulations but not
letter rulings. (See pp. 17-6 through 17-10.)
31. e. All of the statements regarding private letter rulings are true. (See pp. 17-9 and 17-10.)
32. b. The IRS letter ruling number system works this way: 2011 is the year; 07 is the week (seventh week in
the year—February); 048 is the number of the ruling issued that week. (See p. 17-10.)
33. a. If the taxpayer has not exhausted administrative remedies, a court will deny a hearing because the
claim filed in the court is premature. (See p. 17-10.)
34. d. The procedure for getting a tax case into a federal court of appeals is: (1) exhaust IRS administrative
remedies, (2) litigate the issue in one of the available trial courts and obtain an appealable decision. If the
taxpayer disagrees with the trial court’s decision, he may appeal as a matter of right. (See pp. 17-11 through
17-14.)
35. d. Choices a., b. and c. are trial courts in which a taxpayer may “try” his or her case. The taxpayer may
select any one (and only one) of these courts to hear the case. An appeal may then be made to
either the U.S. Court of Appeals or the U.S. Court of Appeals for the Federal Circuit. (See pp. 17-12
through 17-14.)
36. d. The taxpayer need not pay the tax deficiency to be heard in the Tax Court. (See p. 17-11.)
37. b. A taxpayer may take a case to District Court only if the disputed tax deficiency has first been paid. The
District Court is a national court of specific jurisdiction in which the taxpayer may obtain a jury trial.
(See p. 17-11.)
38. a. The taxpayer can take the case to the District Court only in the district in which he or she resides.
In addition, the taxpayer must pay the disputed tax deficiency before bringing an action to court. (See
p. 17-11.)
39. a. The taxpayer does lose the right to appeal the decision if the ruling goes against him or her. (See p. 17-12.)
40. c. Opinions of the judges of the Small Tax Division of the Tax Court are not published, nor are these
decisions reviewed by any other court or treated as precedents in any other case. (See p. 17-12.)
41. b. The Supreme Court generally reviews only a very small number of tax cases. Taxpayers desiring a
review of their trial court decision usually find it at the Court of Appeals level. (See p. 17-14.)
Solutions to Test Bank 17-15
16. 42. d. There is no minimum dollar amount that limits the cases the Supreme Court selects for reviews. (See
p. 17-14.)
43. a. This response is false because “review by Appeal” may be available when a U.S. Court of Appeals has
held that a state statute is in conflict with the laws or treaties of the United States, or when the highest
court of a state has decided a case on the grounds that a Federal statute is invalid. Review by the
Supreme Court is still discretionary, but the Writ of Certiorari is not involved. (See p. 17-14.)
44. b. Answer b is a citation for a decision of the United States Court of Appeals for the Third Circuit, which
is not a Trial Court but an Appellate Court. The other citations are as follows:
a. Citation to the Board of Tax Appeals, predecessor to the Tax Court.
b. Citation to the Tax Court—a Memorandum decision.
c. Citation to the District Court.
d. Citation to the Tax Court—a Regular decision.
(See pp. 17-14 through 17-17.)
45. a. The citation in a is to U.S. Tax Cases, published by Commerce Clearing House. This reporter reprints
tax cases decided by the District Courts, Courts of Appeals, Claims Courts, and the Supreme Court.
(See Exhibits 17.1 and 17.2 and on pp. 17-17 and 17-18.)
46. a. The capital letters “USTC” in the citation indicate that the court decision can be found in U.S. Tax
Cases, published by the Commerce Clearing House. (See Exhibit 17.2 on p. 17-18.)
47. c. The statutory law and its official interpretations constitute the primary sources of tax authority.
Included in this category are interpretations by the courts. Secondary sources consist mainly of books,
periodicals, articles, newsletters, and editorial judgments in tax services. Secondary sources are
unofficial interpretations—mere opinions—and have no legal authority. Primary sources are
authoritative, although not all have the same strength. (See pp. 17-18 and 17-19.)
48. d. The statutory law and its official interpretations constitute the primary authorities of tax law.
Secondary authorities of tax law consist mainly of books, periodicals, articles, newsletters, and editorial
judgments in tax services. Secondary authorities are merely opinions and have no legal authority. (See
pp. 17-18 and 17-19.)
49. a. Tax periodicals are secondary sources of information and may not be cited as authority. However, they
offer concise summaries of new tax laws in a readable format, the latest IRS and judicial
interpretations, and new ideas for tax planning. (See p. 17-19.)
50. e. Under § 119 a taxpayer will probably be able to exclude the value of employer-provided housing if the
housing is on the employer’s premises, the housing is provided for the convenience of the employer, and
the employee must live in the housing as a condition of employment. Here, the housing is not on the
employer’s business premises, there is no stated requirement that T must live in the housing as a
condition of employment, and the minimal use of the housing for business purposes does not support
the application of the § 119 exclusion. (See Examples 1 and 2 and on pp. 17-20 and 17-21.)
51. d. While the sources listed in a through c would provide valuable information to a researcher, a “tax
service” is usually the best place to begin if the researcher needs to have some of the concepts fleshed
out and to get a better idea of how the particular issue fits into the overall tax picture. (See pp. 17-19
through 17-21.)
52. d. The well-known dictum that ignorance of the law is no defense requires the prudent researcher to check
the latest possible developments in the tax area. This can be accomplished by consulting the loose-leaf
updates to the tax services and, if available, checking recent tax cases on one of the computerized legal
services. (See pp. 17-21 and 17-22.)
17-16 Chapter 17 Sources and Applications of Federal Tax Law
17. 53. a. The Tax Equity and Fiscal Responsibility Act (TEFRA) established penalties for taxpayers who
substantially understate tax based on a particular interpretation of tax law for which substantial
authority does not exist. The penalty can be avoided if the taxpayer discloses the particular treatment
when he files his return. (See p. 17-23.)
54. a. Revenue rulings are the outcome of IRS administrative reviews of specific tax cases. In this respect,
they are similar to decisions in legal cases. Such administrative decisions are subject to judicial review,
and if a court determines that the IRS reached its decision in an arbitrary or capricious manner that
was not based on the facts, it will overturn the ruling. Contrast the revenue ruling to a Treasury
Regulation, which is more like a law, in that it applies to all taxpayers and only prospectively. Treasury
Regulations may only be overruled by a court when they are in conflict with the Code. (See p. 17-8
through 17-10.)
Solutions to Test Bank 17-17
18.
19. Sources and Applications
of Federal Tax Law
Comprehensive Problems
FA C T S F O R CO M P R E H E N S I V E PR O B L E M S
Note: This problem requires the use of a complete tax library. The average student will spend from 10 to 15 hours
researching and writing this paper.
Taxpayer R is a full-time non-tenured tax professor at PT University, located in Fairfax, Virginia. R teaches four
classes per year at the Arlington Campus (15 miles from the main campus in Fairfax). R is provided with an office
at PTU-Fairfax and is required to keep formal office hours (one hour per week) at this location. R is not provided
with an office at the Arlington Campus.
R’s job requirements include research (50% to performance evaluation), teaching (25% to performance
evaluation), and university service (25% to performance evaluation).
All research must be done at the Arlington campus library because of the inadequacy of the Fairfax campus
library. All student consultations and teaching occurs at the Arlington campus. Service activities require minimal
time and are conducted at the Fairfax campus. Required office hours at the Fairfax campus are not utilized by
students at the Arlington Campus.
The employer-provided office is 100
150
and is furnished with a desk, chairs, and a phone. The office is
inadequate to Taxpayer needs for required research because the location is 15 miles from the Arlington campus
library. In addition, the office is not convenient for consultations with students at the Arlington campus.
R spends approximately eight hours per week teaching and consulting with students. One hour per week is
spent at the Fairfax campus in formal office hours plus three service committee meetings per year. The majority of
R’s time is spent doing research in his home office. This amounts to approximately five hours/day, 25 hours
per week.
R’s home office is a segregated portion of his basement and is exclusively and regularly used for PTU-related
activities. The office is 200
250
and is furnished with a desk, chairs, bookshelves/books used for research, a copier,
a computer, and a telephone.
R deducted home office expenses of $1,500 on his 2011 return. The IRS sent a Notice of Deficiency stating that
the amount was not deductible and did not meet the requirements of Code § 280A.
CO M P R E H E N S I V E PR O B L E M S
1. Question to Be Researched: May R deduct his office in the home expenses? Discuss all issues of law in a well
written essay setting forth the reasons for your conclusion. You should use the research techniques discussed in
the text.
17
17-19
20. Solutions to Comprehensive Problems
The instructor should note that what follows is just one suggested answer to this problem. What is particularly
important is the student’s use of appropriate legal precedent to support whatever conclusion he or she has drawn.5-
Code § 280A requires that R’s home office be used exclusively on a regular basis for business, be provided for
the convenience of the employer, and meet one of the following requirements: (1) be the principal place of business;
or (2) be the place of business used by clients or customers. [See § 280A(c)(1).]5-
R meets the exclusive use test. However, points of contention arise over whether the home office is provided for
the convenience of the employer, and whether a home office can be the principal place of business of a college
professor.5-
In the past, the home office issue revolved around the so-called “focal point” test. The focal point test
determined where the taxpayer delivered his or her goods or services. The principal place of business was where the
goods or services were delivered. (See Weightman, TC Memo 1981-300.) However, the Supreme Court rejected the
focal point and other tests which had been developed in Commissioner v. Nader E. Soliman, S.Ct Dkt. No. 91-998
(January 12,1993). Soliman was a self-employed anesthesiologist who practiced in three hospitals in the
Washington, D.C. area. During the time period under audit he spent 30 to 35 hours per week in the hospitals, none
of which provided him with an office. The doctor used a bedroom in his house as an office. There he maintained
patient records and correspondence, billed patients and insurance companies, and read medical journals. Generally,
he spent two to three hours a day in this office.5-
The Supreme Court denied the doctor’s claim for a home office deduction. The Court held that principal place
of business means the most important or significant place for the business, as compared to all the locations at which
a taxpayer conducts the business. The Court held that an objective formula yielding a clear answer in every case
cannot be developed. The ultimate determination of principal place of business depends upon the particular facts of
each case.5-
The two principal considerations are the relative importance of the activities performed at each business
location and the time spent at each place. The location at which goods or services are delivered must be given great
weight in determining the principal place of business.5-
The Supreme Court indicated in Soliman that neither the necessity of the functions performed at home nor the
availability of alternative office space carried greater weight. In Soliman’s case, because the practice of
anesthesiology required that patients be treated in a hospital setting and the actual treatment was the essence of the
professional service rendered by him, the Court concluded that his home office was not his principal place of
business.5-
Applying the Soliman decision to the facts in our case reveals that the taxpayer stands a good chance of
claiming an office in the home deduction. If the Supreme Court’s criteria are applied, the most important thing the
professor does is his research and apparently he spends most of his time in the home office. The availability of
alternative office space does not negate his right to claim a home office if these two standards are met.
17-20 Chapter 17 Sources and Applications of Federal Tax Law