CONTENTS PREFACE ... xiii CHAPTER 1 AN INTRODUCTION TO TAXATION ... 1-1 History of Taxation in the United States ... 1-2 Early Periods ... 1-2 Revenue Acts From 1913 to the Present ... 1-3 Revenue Sources ... 1-3 Types of Tax Rate Structures ... 1-4 The Structure of Individual Income Tax Rates ... 1-4 The Structure of Corporate Tax Rates ... 1-5 Marginal, Average, and Effective Tax Rates for Taxpayers ... 1-5 Determination of Taxable Income and Tax Due ... 1-7 Other Types of Taxes ... 1-7 State and Local Income and Franchise Taxes ... 1-7 Wealth Transfer Taxes ... 1-8 Other Types of Taxes ... 1-11 Criteria for a Tax Structure ... 1-12 Equity ... 1-12 Certainty ... 1-13 Convenience ... 1-13 Economy ... 1-13 Objectives of the Federal Income Tax Law ... 1-14 Economic Objectives ... 1-14 Encouragement of Certain Activities and Industries ... 1-14 Social Objectives ... 1-15 Entities in the Federal Income Tax System ... 1-15 Taxpaying Entities ... 1-15 Flow-Through Entities ... 1-16 Tax Law Sources ... 1-18 Enactment of A Tax Law ... 1-18 Steps in the Legislative process ... 1-18 Administration of the Tax Law and Tax Practice Issues ... 1-20 Organization of the Internal Revenue Service ... 1-20 Enforcement Procedures ... 1-21 Selection of Returns for Audit ... 1-21 Statute of Limitations ... 1-22 Interest ... 1-22 Penalties ... 1-22 Administrative Appeal Procedures ... 1-23 Components of A Tax Practice ... 1-23 Tax Compliance and Procedure ... 1-23 Tax Research ... 1-23 Tax Planning and Consulting ... 1-24 Financial Planning ... 1-24 Computer Applications in Tax Practice ... 1-25 Tax Return Preparation ... 1-25 Tax Planning Applications ... 1-25 Tax Research Applications ... 1-25 Problem Materials ... 1-26 Discussion Questions ... 1-26 Problems ... 1-28 Tax Strategy Problem ... 1-29 Case Study Problem ... 1-30 Research Problem ... 1-30 CHAPTER 2 DETERMINATION OF TAX ... 2-1 Formula for Individual Income Tax ... 2-2 Basic Formula ... 2-2 Definitions ... 2-3 Tax Formula Illustrated ... 2-6 Deductions from Adjusted Gross Income ... 2-7 Itemized Deductions ... 2-7 Standard Deduction ... 2-10 Personal Exemptions ... 2-12 Dependency Exemptions ... 2-13 Child Credit ... 2-18 Determining The Amount of Tax ... 2-19 Filing Status ... 2-19 Joint Return ... 2-20 Surviving Spouse ... 2-20 Head of Household ... 2-21 Single Taxpayer ... 2-22 Married Filing a Separate Return ... 2-22 Abandoned Spouse ... 2-22 Dependents with Unearned Income ... 2-23 Business Income and Business Entities ... 2-25 Treatment of Capital Gains and Losses ... 2-27 Definition of Capital Assets ... 2-28 Shifting Income Between Family Members ... 2-28 Tax Treatment of Gains and Losses ... 2-28 Tax Planning Considerations ... 2-28 Splitting Income ... 2-29 Maximizing Itemized Deductions ... 2-29 Filing Joint or Separate Returns ... 2-29 Compliance and Procedural ... 2-31 Who Must File ... 2-31 Due Dates for Filing Return ... 2-32 Use of Forms 1040, 1040ez, And 1040a ... 2-32 System for Reporting Income ... 2-32 Problem Materials ... 2-33 Discussion Questions ... 2-33 Issue Identification Questions ... 2-33 Problems ... 2-34 Tax Strategy Problems ... 2-38 Tax Form/Return Preparation Problems ... 2-39 Case Study Problems ... 2-39 Tax Research Problems ... 2-40 CHAPTER 3 GROSS INCOME : INCLUSIONS ... 3-1 Economic and Accounting Concepts of Income ... 3-2 Economic Concept ... 3-2 Accounting Concept ... 3-2 Tax Concept of Income ... 3-3 Administrative Convenience ... 3-3 Wherewithal to Pay ... 3-4 Gross Income Defined ... 3-4 To Whom Is Income Taxable? ... 3-6 Assignment of Income ... 3-6 Allocating Income Between Married People ... 3-6 Income of Minor Children ... 3-8 When Is Income Taxable? ... 3-8 Cash Method ... 3-8 Accrual Method ... 3-11 Hybrid Method ... 3-12 Items of Gross Income : Sec. 61(a) ... 3-13 Compensation ... 3-13 Business Income ... 3-13 Gains from Dealings in Property ... 3-13 Interest ... 3-13 Rents and Royalties ... 3-15 Dividends ... 3-16 Alimony and Separate Maintenance Payments ... 3-17 Pensions and Annuities ... 3-19 Income from Life Insurance and Endowment Contracts ... 3-21 Income from Discharge of Indebtedness ... 3-22 Income Passed Through to Taxpayer ... 3-22 Other Items of Gross Income ... 3-22 Prizes, Awards, Gambling Winnings, and Treasure Finds ... 3-22 Illegal Income ... 3-23 Unemployment Compensation ... 3-23 Social Security Benefits ... 3-23 Insurance Proceeds and Court Awards ... 3-24 Recovery of Previously Deducted Amounts ... 3-25 Claim of Right ... 3-26 Tax Planning Considerations ... 3-27 Shifting Income ... 3-27 Alimony ... 3-27 Prepaid Income ... 3-27 Taxable, Tax-Exempt, or Tax-Deferred Bonds ... 3-28 Reporting Savings Bond Interest ... 3-28 Deferred Compensation Arrangements ... 3-29 Compliance and Procedural Considerations ... 3-29 Problem Materials ... 3-30 Discussion Questions ... 3-30 Issue Identification Questions ... 3-33 Problems ... 3-34 Comprehensive Problems ... 3-37 Tax Strategy Problems ... 3-37 Tax Form/Return Preparation Problems ... 3-37 Case Study Problems ... 3-38 Tax Research Problem ... 3-38 CHAPTER 4 GROSS INCOME : EXCLUSIONS ... 4-1 Items that are not Income ... 4-2 Unrealized Income ... 4-2 Self-Help Income ... 4-3 Rental Value of Personal-use Property ... 4-3 Selling Price of Property ... 4-3 Major Statutory Exclusions ... 4-4 Gifts and Inheritances ... 4-4 Life Insurance Proceeds ... 4-5 Adoption Expenses ... 4-6 Awards for Meritorious Achievement ... 4-7 Scholarships and Fellowships ... 4-7 Distributions from Qualified Tuition Programs ... 4-8 Payments for Injury and Sickness ... 4-8 Employee Fringe Benefits ... 4-10 Foreign-Earned Income Exclusion ... 4-18 Income from The Discharge of a Debt ... 4-19 Exclusion for Gain from Small Business Stock ... 4-20 Other Exclusions ... 4-21 Tax Planning Considerations ... 4-21 Employee Fringe Benefits ... 4-21 Self-Help and Use of personally Owned Property ... 4-23 Compliance and Procedural Considerations ... 4-23 Problem Materials ... 4-24 Discussion Questions ... 4-24 Issue Identification Questions ... 4-25 Problems ... 4-25 Comprehensive Problem ... 4-29 Tax Strategy Problems ... 4-29 Tax Form/Return Preparation Problems ... 4-30 Case Study Problems ... 4-30 Tax Research Problem ... 4-31 CHAPTER 5 PROPERTY TRANSACTIONS : CAPITAL GAINS AND LOSSES ... 5-1 Determination of Gain or Loss ... 5-2 Realized Gain or Loss ... 5-2 Recognized Gain or Loss ... 5-4 Basis Considerations ... 5-5 Cost of Acquired Property ... 5-5 Property Received as a Gift : Gifts After 1921 ... 5-6 Property Received from A Decedent ... 5-8 Property Converted from Personal Use to Business Use ... 5-9 Allocation of Basis ... 5-10 Definition of A Capital Asset ... 5-13 Influence of the Courts ... 5-13 Other IRC Provisions Relevant to Capital Gains and Losses ... 5-14 Tax Treatment for Capital Gains and Losses of Noncorporate Taxpayers ... 5-16 Capital Gins ... 5-16 Adjusted Net Capital Gains(ANCG) ... 5-17 Capital Losses ... 5-18 Tax Treatment of Capital Gains and Losses : Corporate Taxpayers ... 5-20 Sale or Exchange ... 5-21 Retirement of Debt Instruments ... 5-22 Worthless Securities ... 5-22 Options ... 5-25 Patents ... 5-26 Franchises, Trademarks, and Trade Names ... 5-27 Lease Cancellation Payments ... 5-27 Holding Period ... 5-28 Property Received as a Gift ... 5-29 Property Received from A Decedent ... 5-29 Nontaxable Exchanges ... 5-29 Receipt of Nontaxable Stock Dividends and Stock Rights ... 5-29 Preferential Treatment for Net Capital Gains ... 5-30 Mobility of Capital ... 5-30 Mitigation of the Effects of Inflation and The Progressive Tax System ... 5-31 Lower the Cost of Capital ... 5-31 Tax Planning Considerations ... 5-31 Selection of Property to Transfer By Gift ... 5-31 Selection of Property to Transfer at Time of Death ... 5-32 Compliance and Procedural Considerations ... 5-33 Documentation of Basis ... 5-33 Reporting of Capital Gains and Losses on Schedule D ... 5-33 Problem Materials ... 5-36 Discussion Questions ... 5-36 Issue Identification Questions ... 5-37 Problems ... 5-38 Comprehensive Problem ... 5-42 Tax Strategy Problems ... 5-43 Tax Form/Return Preparation Problems ... 5-43 Case Study Problems ... 5-44 Tax Research Problems ... 5-45 CHAPTER 6 DEDUCTIONS AND LOSSES ... 6-1 For Versus from Adjusted Gross Income(AGI) Classification ... 6-3 Criteria for Deducting Business and Investment Expenses ... 6-4 Business or Investment Requirement ... 6-5 Ordinary Expense ... 6-7 Necessary Expense ... 6-8 Reasonable Expense ... 6-8 Expenses and Losses must be Incurred By the Taxpayer ... 6-9 General Restrictions on The Deductibility of Expenses ... 6-10 Capitalization Versus Expense Deduction ... 6-10 Expenses Related to Exempt Income ... 6-12 Expenditures That Are Contrary to Public Policy ... 6-12 Other Expenditures That Are Contrary to Public Policy ... 6-14 Proper Substantiation Requirement ... 6-17 When an Expense Is Deductible ... 6-18 Cash Method ... 6-18 Accrual Method ... 6-21 Special Disallowance Rules ... 6-23 Wash Sales ... 6-23 Transactions Between Related Parties ... 6-26 Hobby Losses ... 6-29 Vacation Home ... 6-31 Expenses of An Office in the Home ... 6-34 Tax Planning Considerations ... 6-34 Hobby Losses ... 6-34 Unreasonable Compensation ... 6-35 Timing of Deductions ... 6-36 Compliance and Procedural Considerations ... 6-36 Proper Classification of Deductions ... 6-36 Proper Substantiation ... 6-37 Business Versus Hobby ... 6-37 Problem Materials ... 6-37 Discussion Questions ... 6-37 Issue Identification Questions ... 6-39 Problems ... 6-39 Comprehensive Problem ... 6-45 Tax Strategy Problems ... 6-45 Tax Form/Return Preparation Problems ... 6-46 Case Study Problems ... 6-48 Tax Research Problem ... 6-48 CHAPTER 7 ITEMIZED DEDUCTIONS ... 7-1 Medical Expenses ... 7-2 Qualified Individuals ... 7-2 Qualified Medical Expenses ... 7-3 Amount and Timing of Deduction ... 7-6 Taxes ... 7-9 Definition of A Tax ... 7-9 Deductible Taxes ... 7-9 Nondeductible Taxes ... 7-9 State and Local Income Taxes ... 7-10 Personal Property Taxes ... 7-10 Real Estate Taxes ... 7-10 General Sales Tax ... 7-11 Self-Employment Tax ... 7-11 Interest ... 7-12 Definition of Interest ... 7-12 Classification of Interest Expense ... 7-12 Timing of the Interest Deduction ... 7-19 Charitable Contributions ... 7-21 Qualifying Organization ... 7-21 Type of Property Contributed ... 7-22 Deduction Limitations ... 7-24 Application of Carryovers ... 7-25 Special Rules for Charitable Contributions Made By Corporations ... 7-26 Summary of Deduction Limitations ... 7-26 Casualty and Theft Losses ... 7-28 Miscellaneous Itemized Deductions ... 7-28 Certain Employee Expenses ... 7-28 Expenses to Produce Income ... 7-28 Cost of Tax Advice ... 7-28 Reduction of Certain Itemized Deductions ... 7-29 Tax Planning Considerations ... 7-30 Medical Expense Deduction ... 7-30 Interest Expense Deduction ... 7-31 Deduction for Charitable Contributions ... 7-32 Compliance and Procedural Considerations ... 7-33 Medical Expenses ... 7-33 Contribution of Property ... 7-33 Charitable Contributions ... 7-33 Taxes ... 7-36 Problem Materials ... 7-37 Discussion Questions ... 7-37 Issue Identification Questions ... 7-38 Problems ... 7-38 Comprehensive Problem ... 7-42 Tax Strategy Problems ... 7-43 Tax Form/Return Preparation Problems ... 7-43 Case Study Problems ... 7-45 Tax Research Problem ... 7-45 CHAPTER 8 LOSSES AND BAD DEBTS ... 8-1 Transactions that may Result in Losses ... 8-2 Sale or Exchange of Property ... 8-2 Expropriated, Seized, or Confiscated Property ... 8-3 Abandoned Property ... 8-3 Worthless Securities ... 8-3 Demolition of Property ... 8-4 Classifying the Loss on The Taxpayer's Tax Return ... 8-4 Ordinary Versus Capital Loss ... 8-5 Disallowance Possibilities ... 8-6 Passive Losses ... 8-7 Computation of Passive Losses and Credits ... 8-7 Carryovers ... 8-8 Definition of A Passive Activity ... 8-10 Taxpayers Subject to passive Loss Rules ... 8-12 Publicly Traded Partnerships ... 8-13 Rental Real Estate Trade or Business ... 8-14 Other Rental Real Estate Activities ... 8-15 Casualty and Theft Losses ... 8-17 Casualty Defined ... 8-17 Theft Defined ... 8-19 Deductible Amount of Casualty Loss ... 8-19 Limitations on Personal-use Property ... 8-20 Netting Casualty Gains and Losses on Personal-use Property ... 8-21 Casualty Gains and Losses Attributable to Business and Investment property ... 8-22 When Losses Are Deductible ... 8-22 Bad Debts ... 8-24 Bona Fide Debtor-Creditor Relationship ... 8-24 Taxpayer's Basis in the Debt ... 8-25 Debt must be Worthless ... 8-26 Nonbusiness Bad Debts ... 8-26 Business Bad Debts ... 8-28 Accounting for the Business Bad Debt ... 8-28 Recovery of Bad Debts ... 8-28 Deposits in Insolvent Financial Institutions ... 8-28 Net Operating Losses ... 8-29 Computing the Net Operating Loss ... 8-30 Carryback and Carryover Periods ... 8-32 Recomputation of Taxable Income in the Carryover Year ... 8-33 Tax Planning Considerations ... 8-34 Bad Debts ... 8-34 Casualties ... 8-34 Net Operating Losses ... 8-34 Compliance and Procedural Considerations ... 8-34 Worthless Securities ... 8-34 Problem Materials ... 8-35 Discussion Questions ... 8-35 Issue Identification Questions ... 8-35 Problems ... 8-37 Tax Strategy Problems ... 8-41 Tax Form/Return Preparation Problems ... 8-42 Case Study Problems ... 8-44 Tax Research Problem ... 8-44 CHAPTER 9 EMPLOYEE EXPENSES AND DEFERRED COMPENSATION ... 9-1 Classification of Employee Expenses ... 9-2 Nature of the Employment Relationship ... 9-2 Limitations on Unreimbursed Employee Expenses ... 9-3 Travel Expenses ... 9-4 Deductibility of Travel Expenses ... 9-4 Definition of Travel Expenses ... 9-5 General Qualification Requirements ... 9-6 Business Versus pleasure ... 9-7 Foreign Travel ... 9-8 Additional Limitations on Travel Expenses ... 9-8 Transportation Expenses ... 9-9 Definition and Classification ... 9-9 Treatment of Automobile Expenses ... 9-10 Reimbursement of Automobile Expenses ... 9-12 Entertainment Expenses ... 9-12 50% Disallowance for Meal and Entertainment Expenses ... 9-12 Classification of Expenses ... 9-13 Business Meals ... 9-14 Entertainment Facilities and Club Dues ... 9-15 Business Gifts ... 9-15 Limitations on Entertainment Tickets ... 9-16 Reimbursed Employee Business Expenses ... 9-16 Moving Expenses ... 9-18 Expense Classification ... 9-19 Definition of Moving Expenses ... 9-19 Treatment of Employer Reimbursements ... 9-20 Education Expenses ... 9-20 Classification of Education Expenses ... 9-21 General Requirements for a Deduction ... 9-21 Office in Home Expenses ... 9-24 General Requirements for a Deduction ... 9-24 Deduction and Limitations ... 9-25 Deferred Compensation ... 9-27 Qualified Pension and Profit-Sharing Plans ... 9-27 Qualification Requirements for a Qualified Plan ... 9-28 Tax Treatment to Employees and Employers ... 9-29 Nonqualified Plans ... 9-30 Employee Stock Options ... 9-33 Plans for Self-employed Individuals ... 9-36 Individual Retirement Accounts(IRAs) ... 9-36 Traditional IRA ... 9-36 Roth IRA ... 9-38 Coverdell Education Savings Account ... 9-40 Simplified Employee Pensions ... 9-41 Simple Retirement Plans ... 9-42 Tax Planning Considerations ... 9-42 Moving Expenses ... 9-42 Providing Nontaxable Compensation to Employees ... 9-43 Rollover of Traditional IRA to Roth IRA ... 9-43 Compliance and Procedural Considerations ... 9-44 Stantiating Travel and Entertainment Expenses ... 9-44 Reporting Employee Business Expenses ... 9-44 Reporting Moving Expenses ... 9-47 Reporting Office in Home Expenses ... 9-47 Qualification of Pension and Profit-sharing Plans ... 9-47 Problem Materials ... 9-48 Discussion Questions ... 9-48 Issue Identification Questions ... 9-51 Problems ... 9-51 Comprehensive Problem ... 9-58 Tax Strategy Problems ... 9-59 Tax Form/Return Preparation Problems ... 9-60 Case Study Problems ... 9-61 Tax Research Problem ... 9-62 CHAPTER 10 DEPRECIATION, COST RECOVERY, AMORTIAZATION, AND DEPLETION ... 10-1 Depreciation and Cost Recovery ... 10-2 General Considerations ... 10-2 Depreciation Methods ... 10-4 Calculation of depreciation ... 10-5 MACRS Restrictions ... 10-1 Amortization ... 10-1 Sec. 197 Intangibles ... 10-1 Research and Experimental Expenditures ... 10-1 Computer Software ... 10-1 Depletion, Intangible Drilling and Development Costa ... 10-2 Depletion Methods ... 10-2 Treatment of Intangible Drilling and Development Costs ... 10-2 Tax Planning Considerations ... 10-2 Alternative Depreciation System Under MACRS ... 10-2 IDCs : Capitalization Versus Expensing Election ... 10-2 Use of Units of Production Depreciation ... 10-2 Structuring a Business Combination ... 10-2 Compliance and Procedural Considerations ... 10-2 IDC Election Procedures ... 10-2 Reporting Cost Recovery, Depreciation, Depletion, and Amortization Deductions ... 10-2 Research and Experimental Expenditures ... 10-2 Problem Materials ... 10-2 Discussion Questions ... 10-2 Issue Identification Questions ... 10-2 Problems ... 10-3 Comprehensive Problem ... 10-3 Tax Strategy Problems ... 10-3 Tax Form/Return Preparation Problems ... 10-3 Case Study Problems ... 10-3 Tax Research Problem ... 10-3 CHAPTER 11 ACCOUNTING PERIODS AND METHODS ... 11-1 Accounting Periods ... 11-2 Required payments and Fiscal Years ... 11-3 Changes in the Accounting Period ... 11-4 Returns for periods of Less Than 12 Months ... 11-5 Overall Accounting Methods ... 11-7 Cash Receipts and Disbursements Method ... 11-7 Accrual Method ... 11-9 Hybrid Method ... 11-1 Inventories ... 11-1 Determination of Inventory Cost ... 11-1 Special Accounting Methods ... 11-1 Long-Term Contracts ... 11-1 Installment Sales Method ... 11-1 Deferred payment Sales ... 11-2 Imputed Interest ... 11-2 Imputed Interest Computation ... 11-2 Accrual of Interest ... 11-2 Gift, Shareholder, and Other Loans ... 11-2 Change in Accounting Methods ... 11-2 Amount of Change ... 11-2 Reporting the Amount of the Change ... 11-2 Obtaining IRS Consent ... 11-2 Tax Planning Considerations ... 11-2 Accounting Periods ... 11-2 Accounting Methods ... 11-2 Installment Sales ... 11-2 Compliance and Procedural Considerations ... 11-2 Reporting Installment Sales on Form 6252 ... 11-2 Procedures for Changing to LIFO ... 11-3 Problem Materials ... 11-3 Discussion Questions ... 11-3 Issue Identification Questions ... 11-3 Problems ... 11-3 Comprehensive Problem ... 11-3 Tax Strategy Problems ... 11-3 Tax Form/Return Preparation Problems ... 11-3 Case Study Problems ... 11-3 Tax Research Problems ... 11-3 CHAPTER 12 PROPERTY TRANSACTIONS : NONTAXABLE EXCHANGES ... 12-1 Like-kind Exchanges ... 12-2 Like-Kind Property Defined ... 12-2 A Direct Exchange Must Occur ... 12-5 Three-Party Exchanges ... 12-5 Receipt of Boot ... 12-6 Basis of Property Received ... 12-7 Exchanges Between Related Parties ... 12-8 Transfer of Non-Like-Kind Property ... 12-9 Holding Period for Property Received ... 12-9 Involuntary Conversions ... 12-1 Involuntary Conversion Defined ... 12-1 Tax Treatment of Gain Due to Involuntary Conversion Into Boot ... 12-1 Tax Treatment of Gain Due to an Involuntary Conversion Directly Into Similar Property ... 12-1 Replacement Property ... 12-1 Obtaining Replacement Property ... 12-1 Time Requirements for Replacement ... 12-1 Sale of Principal Residence ... 12-1 Principal Residence Defined ... 12-1 Sale of More Than One Principal Residence Within a Two-Year Period ... 12-1 Involuntary Conversion of a Principal Residence ... 12-2 Tax Planning Considerations ... 12-2 Avoiding the Like-kind Exchange Provisions ... 12-2 Sale of A Principal Residence ... 12-2 Compliance and Procedural Considerations ... 12-2 Reporting of Involuntary Conversions ... 12-2 Reporting of Sale or Exchange of a Principal Residence ... 12-2 Problem Materials ... 12-2 Discussion Questions ... 12-2 Issue Identification Questions ... 12-2 P