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Prentice Halls Federal Taxation 2013 Individuals 26th Edition Pope Solutions Manual
Prentice Halls Federal Taxation 2013 Individuals 26th Edition Pope Solutions Manual
Discussion Questions
2%
Deductible For Non- Nondeductible 50%
From AGI AGI Deductible Floor Deductible
a
Since pursuant to an accountable plan, the reimbursement is not included in gross income and the
expense is not deductible. The 50% reduction is applied at the employer level.
b
Business meals are subject to the 50% deduction limit. pp. I:9-2 through I:9-23.
I:9-4
I:9-6 Kelly may deduct $750 before applying the 2% nondeductible floor. The deduction is
computed as follows:
I:9-7 a. All expenses except personal clothing (e.g., transportation, meals and lodging) are
deductible from AGI and are subject to the 2% nondeductible floor. The meal costs of $1,000 must
be reduced by 50%. Thus, the total deductible amount is $8,500 ($9,000 - $500) (subject to the 2%
nondeductible floor). The expenses are deductible because her assignment is temporary in nature.
b. Same as a. Latoya could deduct the expenses for the nine-month assignment, as that
employment would be considered temporary under Rev. Rul. 93-86. None of her expenses incurred
in Texas after the nine-month assignment would be deductible. pp. I:9-4 through I:9-7.
I:9-8 The travel expenses related to attending the seminars are not deductible since they are related
to the production of rental income under Sec. 212. The registration fees of $1,000 are deductible for
AGI since they are not travel expenses and are related to the rental activity under Sec. 212.
pp. I:9-8 and I:9-9.
I:9-9 It is necessary to allocate a portion of the total reimbursement to each expense category
because the various unreimbursed amounts would be subject to various limitations such as the 2%
floor and 50% business meal rule. Reimbursed expenses are fully includible in gross income and are
deductible for AGI subject to the accountable plan rules. Unreimbursed employee business
expenses are deductible as a miscellaneous itemized deduction subject to the 2% floor. Meals and
entertainment expenses must be reduced by 50%. pp. I:9-16 through I:9-18.
I:9-11 The actual expense method may be used in subsequent years. However, MACRS under the
regular method may not be used for computing depreciation (straight-line method is required) and
the basis of the automobile must be reduced by 23 cents in 2012, 22 cents in 2011, 23 cents in 2010,
and 21 cents per mile in 2008 and 2009. p. I:9-11.
I:9-12 The taxpayer may not switch to the standard mileage rate method for the third year or
beyond. If a taxpayer depreciates an automobile under MACRS or expenses all or part of the
automobile under Sec. 179, a change to the standard mileage rate method is not permitted.
pp. I:9-11.
I:9-13 a. The employee must submit a detailed statement on the tax return of the
reimbursements and expense items. The reimbursements are included in gross income and the
expenses are deductible from AGI as miscellaneous itemized deductions (subject to the 2%
nondeductible floor rule) under a nonaccountable plan.
b. No reporting is required under an accountable plan by the employee.
c. No reporting is required for expenses equal to the reimbursement under the
accountable plan rules. The excess expenses are deductible from AGI as miscellaneous itemized
deductions. A proration of the reimbursement against the various expenses is required.
d. No reporting is required under an accountable plan assuming that the excess amount
is repaid to the employer. pp. I:9-16 through I:9-18.
I:9-14 Distance and time requirements were imposed to differentiate employment-related moves
from non-deductible personal motivated moves. The underlying rationale for the deduction is that
such moves are similar to a business expenditure because the move is often necessary to obtain
employment or is an employment-related job transfer. p. I:9-19.
I:9-15 Yes, qualifying moving expenses are not deductible if they are incurred by an unemployed or
a retired individual. To be deductible, qualifying moving expenses must be incurred by an employee
or a self-employed individual. In addition, the required time period to remain in the new location is
longer for self-employed taxpayers (78 weeks) than for employees (39 weeks). If the unemployed
individual incurred moving expenses to accept a job in the new location, the moving expenses would
be deductible assuming the other requirements are met. p. I:9-19.
I:9-16 a. Len’s moving expenses are deductible for AGI so that it does not matter whether Len
uses the standard deduction. The $2,000 reimbursement would offset the $2,000 of moving
expenses. Thus, no amount would be reported on Len's tax return.
b. The reimbursement for nondeductible moving expenses of $800 ($2,000 - $1,200)
must be included in Len’s gross income. pp. I:9-19 and I:9-20.
I:9-19 a. To be deductible the expenditure must be either (1) "directly related to" the active
conduct of a trade or business or (2) "associated with" the active conduct of a trade or business.
b. If there is some direct business benefit expected to be received, the entertainment of
clients should be classified as "directly related" expenses. Entertainment of potential clients
constitutes "associated with" entertainment. “Associated with” entertainment expenses must be
incurred prior to or after a bona fide business meeting. pp. I:9-13 and I:9-14.
I:9-21 No, they are business fringe benefits under Sec. 132 and are not subject to the 50% limit.
p. I:9-13.
I:9-22 No, the business meal expenditure does not qualify as entertainment expenses. Even though
there is a reasonable expectation of business benefit, no business is discussed prior to, during, or
after the meal. Neither the “directly related” nor the “associated with” tests for deductibility of
entertainment expenses have been met. pp. I:9-14 and I:9-15.
I:9-23 None, the club dues are considered to be a personal, nondeductible expense despite the fact
that the use of the facility is primarily for business. Specific business expenses (e.g., meals with
customers) incurred at the club are deductible subject to the 50% disallowance rule. p. I:9-15.
p. I:9-16.
I:9-26 $400 expense incurred for the CPA review course is nondeductible because these expenses
were incurred to meet minimum standards for entry into the profession. The $4,000 incurred for law
school tuition and books is nondeductible because these expenses qualify the taxpayer for a new
trade or business. $500 [$400 + (0.50 x $200)] of continuing education expenses are deductible from
AGI, subject to the 2% nondeductible floor. The $200 of travel related to meals is subject to the
50% deduction limit. pp. I:9-21 through I:9-23.
I:9-27 Public school teachers may generally deduct educational expenses from AGI as a
miscellaneous itemized deduction because the expenditures are incurred to meet the requirements
imposed by law for retention of employment. In addition, the expenditures are incurred to maintain
or improve skills required by the individual in his employment, trade, or business and are deductible.
p. I:9-23.
I:9-28 a. Yes, Maggie is entitled to an office-in-home deduction because the office is used
exclusively on a regular basis as the principal place of business for a trade or business, and it is used
as a place for meeting or dealing with patients, clients, or customers in the normal course of
business. Additionally, her office is the most significant place for the conduct of her business
activities.
I:9-29 Employer contributions to a qualified plan are immediately deductible (subject to specific
limitations upon annual contribution amounts) and such amounts are not taxable to an employee
until the pension payments are received. If an employee contributes to the qualified plan, such
amounts may be made on either a pre-tax or after-tax basis. Currently, most employees contribute to
qualified plans on a pre-tax basis. Thus, when pension payments are received upon retirement, the
amounts received are fully taxable. Under a nonqualified deferred compensation plan (such as a
restricted property plan), the employee is taxed upon the FMV of the property contributed at the
earliest date when the property is no longer subject to risk of forfeiture or when the property is
transferable. The employer receives a corresponding compensation deduction at that time. Clearly,
substantial tax benefits are available in qualified plans over nonqualified plans . However, qualified
plans must meet highly restrictive rules and, in some situations, may not be permitted. pp. I:9-27
through I:9-32.
I:9-30 In a defined contribution plan, fixed amounts (e.g., 8% of each participant's salary) are
contributed for each participant to a separate account. The retirement benefits for that participant are
based on the value of the participant's account at the time of retirement. Defined benefit plans
establish in advance the value of the retirement benefits and a contribution amount is established
based on actuarial tables to fund this amount (e.g., 40% of an employee's average salary for the five
years prior to retirement). A distinguishing feature of a defined benefit plan is that forfeitures of
nonvested amounts (e.g., due to employee resignations) must be used to reduce the employer
contributions that would otherwise be made under the plan. In a defined contribution plan, however,
the forfeitures may either be reallocated to the other participants in a nondiscriminatory manner or
used to reduce future employer contributions. p. I:9-28.
I:9-31 The plan is discriminatory because it favors highly-compensated employees. As a result the
plan should be considered to be a nonqualified plan by the IRS. The employer should not be able to
receive the immediate tax deduction for pension contributions. Under a nonqualified plan the
employer's deduction is generally deferred until the employee recognizes income from the plan.
p. I:9-29.
I:9-32 No, generally employer-provided benefits must be 100% vested after five years of service.
p. I:9-29.
• Defined contribution plan contributions are limited to the smaller of $50,000 (in
2012) or 100% of the employee's compensation.
• Defined benefit plans are restricted to an annual benefit to an employee equal to the
greater of $200,000 (2012) or 100% of the participant's average compensation for the
highest three years.
• An overall maximum annual employer deduction of 25% of compensation paid or
accrued to plan participants is placed upon profit sharing and stock bonus plans.
p. I:9-31.
I:9-35 Nonqualified deferred compensation plans are particularly well-suited for use in executive
compensation arrangements because they are not subject to the same restrictions which are imposed
upon qualified plans such as the nondiscrimination and vesting rules. pp. I:9-31 and I:9-32.
I:9-36 Yes, he should make the Sec. 83(b) election because he will pay a higher tax when the
restrictions lapse due to the substantial appreciation. If the employee does not make the Sec. 83(b)
election the tax consequences from the stock transfer are deferred for both the employee and the
corporation until the lapse of the nontransferability or forfeiture restrictions.
If the election is made, the employee will be taxed on the fair market value of the stock today and
the corporation will receive a deduction for the same amount immediately. The capital gain rates at
a maximum of 15% may increase the attractiveness of this option because capital gain treatment is
accorded upon the eventual sale of the stock, and the marginal tax rate for high-income taxpayers is
35% when taxable income is in excess of $388,350 for 2012. pp. I:9-31 through I:9-33.
• The option price must be equal to or greater than the FMV of the stock on the
option's grant date.
• The option must be granted within 10 years of the date the plan is adopted and the
employee must exercise the option within 10 years from the grant date.
• The option must be exercisable only by the employee and is nontransferable except
in the event of death.
• The employee cannot own more than 10% of the voting power of the employer
corporation's stock immediately prior to the option's grant date.
• The total FMV of the stock options that become exercisable in any one year to an
employee may not exceed $100,000 (e.g., an employee can be granted ISOs to
If an employee meets the requirements of an ISO, no tax consequences occur on the grant date
(except that the excess of the stock’s FMV over the option price is a tax preference item) and LTCG
or loss is recognized when the stock is sold. Under a nonqualified stock option arrangement,
ordinary income is recognized either on the grant date or on the exercise date (depending upon
whether the option has a readily ascertainable FMV). LTCG treatment should favor the ISO for the
employee's tax consequences because of the spread between the maximum 15% capital gain rate and
the highest rate on ordinary income (i.e., 35%). However, the employer is more favorably treated
under the nonqualified stock option rules because the employer receives a tax deduction for the
amount of compensation that is recognized by the employee. pp. I:9-34 and I:9-35.
I:9-38 If a nonqualified stock option has a readily ascertainable FMV on the grant date, the
employee recognizes ordinary income on the grant date equal to the difference between FMV and
the option price. The employer receives a compensation deduction on the grant date equal to the
same amount that is recognized by the employee. In such case, no tax consequences occur on the
date the option is exercised and the employee recognizes capital gain or loss upon the sale or
disposition of the stock. If a nonqualified stock option has no readily ascertainable FMV, no tax
consequences occur on the grant date. On the exercise date, the employee recognizes ordinary
income equal to the spread between the FMV and the option price and the employer receives a
corresponding compensation deduction. pp. I:9-35 and I:9-36.
I:9-39 Yes, a self-employed individual who is covered by an employer's qualified pension plan is
eligible to establish an H.R. 10 or an SEP plan relative to his or her self-employment income.
p. I:9-37.
I:9-40 For a defined contribution H.R. 10 plan, a self-employed individual may contribute the lesser
of $50,000 or 25% of earned income for 2012 (before the H.R. 10 plan contribution but after the
deduction for one-half of self-employment taxes paid) from the self-employment activity. The
full-time employees must be covered, as required in the rules for qualified plans. p. I:9-37.
I:9-41 Most tax advisers would be more favorably inclined to advise the 50-year old to establish a
traditional deductible IRA since he could take advantage of the IRA deduction and would only have
to wait 9 1/2 years to withdraw from the IRA without penalty. The 30-year old would have to wait
considerably longer. The same applies to nondeductible IRAs only that such contribution amounts
are nontaxable when withdrawn because such amounts were previously subject to tax. However, the
benefit for a 30-year-old individual is that the funds in the IRA have a much longer investment
horizon. Unless a specific hardship provision applies, distributions made before age 59 ½ are subject
to regular taxation and to a 10% premature distribution penalty. Obviously, a 30-year old has a long
period of time without access to the IRA funds. pp. I:9-37 through I:9-41.
I:9-43 It is generally advisable for a 30-year old individual to invest in a Roth IRA rather than a
traditional deductible IRA. This is because of the tremendous growth potential of the funds in the
Roth IRA and the ability to withdraw the funds tax-free at retirement. Further, tax rates are
anticipated to be higher in future years than now. pp. I:9-37 through I:9-41.
I:9-44 If Charley rolls his traditional IRA into a Roth IRA, he must include the rollover in his gross
income and pay income taxes on such amount. The principal benefit of doing the rollover is that
when Charley withdraws amounts from his Roth IRA at retirement, no further taxes will be due.
While a precise analysis should be performed, since Charley’s marginal tax rate at retirement will be
no higher than his present rate and he has the funds outside of his IRA to pay the tax, most analysts
conclude that Charley will be better off to do the rollover and pay the tax now. The principal
economic benefit is that the rollover funds in the Roth IRA are able to grow tax-free and be
ultimately withdrawn tax-free. Thus, in Charley’s case, he should be advised to rollover his
traditional IRA into a Roth IRA. Charley is permitted to rollover amounts from his traditional IRA to
a Roth IRA because there are no AGI restrictions after December 31, 2009. pp. I:9-40 and I:9-41.
I:9-45 While Sally’s AGI of $70,000 is still too high to deduct contributions to a deductible
traditional IRA (maximum AGI of $68,000 (2012) for single taxpayers who are active participants in
an employer-sponsored plan), she is certainly eligible to contribute up to $5,000 to a Roth IRA as
the Roth IRA AGI limit is $105,000 before the phase-out begins. She also is eligible to contribute to
a nondeductible IRA, but the Roth IRA is much superior to the nondeductible IRA. pp. I:9-37
through I:9-41.
I:9-46 The Coverdale Education Savings Account (CESA) has several important features, including:
(1) the annual contribution into such plans is $2,000, (2) CESAs may be used for elementary and
secondary education expenses, and (3) a distribution from a CESA may be excluded even if the Hope
credit or lifetime learning credit was claimed in the same year. Of course, the same expenses cannot be
used for both the CESA exclusion and one of the two credits. pp. I:9-41 and I:9-42.
I:9-47 a. An SEP offers small business owners the opportunity to provide retirement benefits
for its employees that are comparable with qualified pension and profit sharing plans with reduced
administrative compliance costs (i.e., reduced paperwork and need for actuaries and CPA tax
specialists in the pension area to assure that the plan qualification requirements are met).
b. A sole proprietor of a small business may establish an SEP for himself rather than
using an H.R. 10 plan. p. I:9-43.
I:9-48 The principal issue is whether Georgia is entitled to deduct travel expenses for the 11 month
away-from-home time period. To be deductible, she must be away from her tax home. The IRS's
position in Rev. Rul. 93-86 is that the initial realistic expectation of a 15-month assignment controls
despite the fact that the assignment lasts only 11 months. Therefore, the assignment was for an
indefinite period (more than one year) and the expenses are not deductible because her tax home
shifts to the new location. Another ancillary issue is the classification of the expenses, if deductible,
as for AGI or from AGI expenses. pp. I:9-6 and I:9-7.
I:9-49 The tax issues related to the possible relocation include the following:
I:9-50 The primary tax issue is whether the office-in-home qualifies as a deduction under the tax
law. To make this determination, the office must meet several tests. First of all, the office must be
used exclusively and on a regular basis as the principal place of business for a trade or business.
Juan does not meet with patients, so the office must be the principal place of business. Second, the
exclusive use of the office must be for the convenience of the employer. Since Juan is self-
employed, he meets this test. Third, for tax years beginning after December 31, 1998, an office
meets the definition of “principal place of business” if (1) the office is used by the taxpayer for
administrative or management activities of the taxpayer’s trade or business, and (2) there is no other
fixed location of the trade or business where the taxpayer conducts substantial administrative or
management activities of the trade or business. pp. I:9-24 through I:9-26.
I:9-51 The major issues that David must address are as follows:
1. Does the education qualify David for a new trade or business? If so, the education
expense would be nondeductible. However, the courts have generally ruled favorably
on the deductibility of education expenses incurred to obtain an MBA degree.
2. Is the education directly connected with David's employment or trade or business?
Since David is not employed, the IRS may attempt to assert that the education
expenses are not deductible because the taxpayer does not have a current trade or
business. However, some courts have held that education expenses are deductible if
the education is deemed to be only a temporary cessation of a business activity.
The moving expenses are deductible for AGI, thus Mike's AGI is $116,000 ($120,000 -
$4,000).
$116,000 AGI x 0.02 = $2,320 nondeductible expense floor
$6,000 - $2,320 = $3,680 miscellaneous itemized deductions from AGI
+ 4,000 moving expenses for AGI not subject to any limit
$7,680 total deductible expenses
b. Moving expenses are deducted for AGI whereas the remaining items are deducted
from AGI on Schedule A. pp. I:9-4, I:9-5, I:9-13 and I:9-14, I:9-19 and I:9-20.
Commuting expenses are not deductible. For the local transportation expenses, Monique can
compute her deductible expense under either the actual or standard mileage rate method.
b. Each of these items are classified as a for AGI deduction because she is self-
employed.
I:9-55 a. Since Marilyn is on a temporary assignment of less than one year, her tax home is
still considered to be Cleveland and she is “away from home” while in Atlanta. Thus, all of her
expenses are considered travel expenses and she can deduct the following expenses:
Airfare ($800 + 8,000) $ 8,800
Apartment Rent 10,000
Meals ($8,500 x 0.50) 4,250
Entertainment ($2,000 x 0.50) 1,000
Total $24,050
b. Expenses are classified as from AGI and are subject to the 2% of AGI nondeductible
floor.
c. $21,650 is deductible computed as follows:
$120,000 x 0.02 = $2,400 nondeductible floor
$24,050 - $2,400 = $21,650 deductible.
d. The airfare for weekend trips, apartment rent and meals would be personal
nondeductible expenses. A portion of the airfare might qualify as a moving expense under Sec. 217.
e. Only the expenses associated with the first ten months would be deductible if the
position of the IRS is upheld by the courts. The $10,000 of expenses for the last seven months is not
deductible because the move lasts more than one year and is considered indefinite for the extended
period. pp. I:9-4 through I:9-16.
I:9-57 a. Since the reimbursement is less than the expenses, an allocation is required. The
$3,000 reimbursement is prorated to the various expenses based upon the amount reimbursed to the
total expenditures (3,000/5,000 = 60%). The deductible amounts are shown below.
b. The $3,000 of reimbursed expenses is deductible for AGI and the $1,800 of
unreimbursed expenses are from AGI subject to the 2% of AGI nondeductible floor. Since the
reimbursement is pursuant to an accountable plan, the $3,000 of for AGI expenses and the $3,000
reimbursement are netted together and are not reported on Maxine’s return. Because Maxine has
other miscellaneous itemized deductions of $1,000, a total of $1,600 of miscellaneous itemized
deductions are deductible ($2,800 miscellaneous itemized deductions - [0.02 x $60,000 AGI] =
$1,600).
c. If Maxine received a $6,000 reimbursement, the $5,000 of employment-related
expenses is fully deductible for AGI and Maxine must return the $1,000 excess amount to her
employer. Since the reimbursement is pursuant to an accountable plan, the $5,000 of for AGI
expenses and the $5,000 reimbursement is netted together and is not reported on Maxine’s return. If
she does not return the $1,000 excess amount, the $1,000 is includible in her gross income.
pp. I:9-4 through I:9-18.
I:9-59 a. $5,000. The transportation expenses for trips within the metropolitan area are
deductible because Cassady has a regular work location at her employer’s office.
b. From AGI as a miscellaneous itemized deduction.
c. $5,000 for AGI. The transportation expenses from Cassady's home to clients within
the metropolitan area are deductible because her residence is her principal place of business (i.e.,
office in home). pp. I:9-9 and I:9-10.
I:9-60 a. $3,820 of the unreimbursed expenses are deductible from AGI, computed as follows:
c. Although taxpayers are permitted to change from one method to another, there are
specific requirements that must be met. A change from the mileage method to the
actual method must reduce the basis of the automobile by a mileage rate and the
straight-line method must be used in subsequent years. A change from the actual
method to the mileage method is only permitted if the taxpayer used the straight-line
method of depreciation.
The business meals are not deductible because bona fide business discussions must be
conducted. The country club dues are not deductible despite the fact that the club was used
exclusively for business. Dues to the chamber of commerce are not subject to the club disallowance
rules.
b. For AGI, since Milt is self-employed.
p. I:9-16.
Latrisha will not report the $9,000 reimbursement or the $9,000 of deductions for AGI (accountable
plan). She will report the $1,890 as miscellaneous itemized deductions. Cooper Company may
deduct $7,560 on its return [$4,680 + 1,440 + (960 x 50%) + (1,920 x 50%)].
3. Since the reimbursement is greater than the expenses, Latrisha is required to
return the excess ($14,000 - 11,250 = 2,750) to Cooper Company. In addition, she will not report
the $11,250 reimbursement as gross income or deduct the expenses. If Latrisha does not return the
excess reimbursement (even though she is required to under the plan), she must report the excess of
$2,750 as gross income. Assuming Latrisha reimburses Cooper Company the $2,750, the company
can deduct $11,250.
b. Under a nonaccountable plan, any reimbursement is included in gross income and the
deductions are treated as miscellaneous itemized deductions. Thus, Latrisha would include the
reimbursements ($11,250, $9,000, or $14,000) in her gross income and deduct the following as
miscellaneous itemized deductions:
Airfare $5,850
Lodging 1,800
Meals ($1,200 x 50%) 600
Entertainment ($2,400 x 50%) 1,200
Total miscellaneous itemized deductions $9,450
Cooper Company could deduct $11,250, $9,000, or $14,000 respectively.
pp. I:9-16 through I:9-18.
None of the other expenses qualify as moving expenses under Sec. 217. Specifically, no
deduction for meals en route to Chicago is allowed. The points paid to acquire the new
residence should qualify as interest expense if Michael itemizes his deductions.
I:9-65 a. Not deductible, the education qualifies the taxpayer for a new trade or business
b. Yes, deductible for AGI (except that only $100 of meals [$200 x 0.50] is deductible)
c. Yes, deductible from AGI (assuming the business executive is an employee)
d. Yes, deductible from AGI
e. Not deductible
I:9-66 Anne’s education expenses will qualify for the American Opportunity tax (AOTC) and
lifetime learning credits. (See Chapter I14 for a more in-depth discussion of education credits). She
qualifies for the AOTC scholarship credit as the credit now applies to four years of college study.
Her college expenses are not deductible under Reg. Sec. 1.162-5 as the courses will qualify her for a
new trade or business. Only the tuition and fees qualify for the tuition deduction or the lifetime
learning or AOTC credits. Books and supplies do not qualify. pp. I:9-21.
I:9-67 a. Total deductible expenses are $1,200. The for AGI deduction is computed as follows:
Real estate taxes and mortgage interest:
Real estate taxes $2,000
Plus: Mortgage interest 5,000
$7,000
Percent of house used for business x 0.10a
Allocable to the office $ 700
a
Only the studio qualifies for the office-in-home deduction. The den is not allowed because it is not
used exclusively as the principal place of business.
Nancy's home office expenses (other than mortgage interest and real estate taxes) are limited
to $37,300 [$40,000 gross income – ($700 mortgage interest and real estate taxes + $2,000 of
expenses directly related to the business)].
Thus, the full amount of $1,200 ($700 + $500) deductible expenses is allowed. In addition,
$1,800 of real estate taxes ($2,000 - $200) and $4,500 ($5,000 - $500) of mortgage interest are
deductible as itemized deductions.
b. Yes, because Nancy’s home office expenses exceed the gross income from the
business, her deductions are limited. Using the ordering rules under Reg. Sec. 1.280A-2, Nancy’s
deductions for the year are computed as follows:
I:9-70 a. The entire $12,000 would be taxable to Pat in 2012 because she made the pension
contributions on a pre-tax (deferred) basis. Most employees make their pension
contributions on a pre-tax basis.
b. Since the pension contributions were made on an after-tax basis and relates to a
qualified retirement plan, the $12,000 pension payments will be taxed under the
simplified method for qualified retirement plan annuities. (For a discussion of the
simplified method, see Chapter I:3.) The taxation of the $12,000 is determined as
follows:
c. Pat’s final return in 2013 will include $10,615.44 of income from the pension
payments and an itemized deduction for the unrecovered investment in the contract of $27,230.88
[$30,000 – (24 months x $115.38)]. pp. I:9-29 and I:9-30.
I:9-71 a. The tax consequences from the stock transfer are deferred for both employee Patrick
and Bear Corporation until the lapse of the nontransferability and forfeiture restrictions in year 2017.
Thus, Patrick recognizes no compensation income on the receipt of the stock in 2012 and Bear
receives no deduction.
b. Patrick would recognize $1,000 (100 shares x $10) of ordinary income subject to tax.
Bear Corporation receives a $1,000 deduction.
I:9-72 a. Jamal may deduct $2,000 of the contribution for tax year 2012, as the contribution
was made by the due date for the 2012 income tax return. The $58,000 ceiling is exceeded by
$6,000 so 60% ($6,000/$10,000) of the contribution is not deductible. Jamal could elect to treat the
IRA contribution as made for 2013. Since Jamal’s AGI is only $57,000 in 2013 and the income for
2012 is less than the $58,000 limit, he would be eligible to deduct the full $5,000 in 2013. (2013
limitation almost certainly will not decrease.)
b. The deduction is for AGI.
c. Jamal may then deduct $5,000 because the special income limitations in part (a) do
not apply if taxpayer is not an active participant in a qualified plan
d. $5,000 would then be deductible since Jamal's AGI does not exceed the $90,000
(2012) married joint return limit. Since Jamal has at least $10,000 of earned income, Jamal is
eligible to put $5,000 into an IRA and his spouse is eligible to put $5,000 into a spousal IRA. Thus,
they can put a total of $10,000 into IRAs during 2012. pp. I:9-38 through I:9-40.
I:9-74 a. Chatham Mae is eligible to contribute $3,000 into a Roth IRA. She is not eligible to
contribute and deduct amounts to a traditional IRA because her income exceeds $68,000. Since her
AGI exceeds $110,000, (2012) she is limited as to how much she can put into a Roth IRA, as follows:
I:9-75 a. Since Jack and Katie’s AGI exceeds $190,000, the minimum $2,000 amount that can
be contributed to the CEA accounts must be reduced as follows:
Thus, the maximum that can be contributed to each of the grandchildren ages 10, 12, 15, and 16 is
($2,000 - $400) = $1,600. No contribution may be made for the 19-year old, as she is over 17 years
old.
b. The granddaughter may exclude $4,500 of the $7,000 distribution, as these are
qualified education expenses. However, the excess $2,500 is includible in the granddaughter’s
income in 2012 and she is also subject to a 10% penalty, or $250. pp. I:9-41 and I:9-42.
I:9-76 a. Paula must provide comparable coverage for her nurse who is an eligible full-time
employee. For example, if she contributes 25% of her earned income, a comparable benefit rate
must be contributed based upon the salary payments to the nurse.
b. For AGI. The deductible amount is the lesser of 25% of compensation or $50,000 for
2012. However, if Paula elects the maximum 25% rate, she must reduce the percentage for her
contribution. Paula’s rate would be 20% (0.25/1.0 + 0.25). Thus, her maximum contribution in 2012
would be $20,000 ($100,000 x 0.20).
c. Yes, because she is a full-time employee. In addition, she must contribute 25% of the
nurse’s earned income.
d. If the contributions were deductible then they are taxable when the funds are
withdrawn and a nondeductible 10% penalty tax is imposed upon the amounts withdrawn unless one
of the exceptions provided in Sec. 72(t) applies such as death, or disability of the taxpayer.
pp. I:9-37.
April 1, 2014 - no effect except for a $200 [($100 - $80) x 10 shares] tax preference
item for purposes of the alternative minimum tax.
May 1, 2016 - $500 long term capital gain is recognized by Peggy, computed as
follows:
Sale price $ 1,200 ($120 x 10 shares)
Minus: Basis ( 800) ($80 x 10 shares)
LTCG $ 400
Peggy is entitled to long-term capital gain treatment since both of the requirements for incentive
stock options were met. Bell Corporation does not receive a corresponding compensation deduction.
b. Since Peggy did not hold the stock the required holding period, she would recognize
$200 ordinary income on the sale date equal to the spread between the option price and the exercise
price [($100 - $80) x 10 shares = $200] ordinary income on May 1, 2014. Bell Corporation is
permitted a $200 deduction for compensation on May 1, 2014 because the option is treated as a
nonqualified stock option. On the sale date Peggy also recognizes a STCG of $300 [$1,300 - ($100
x 10 shares)]. pp. I:9-34 and I:9-35.
I:9-78 a. January 1, 2012 - Penny recognizes ordinary income of $20,000 [($100 - $80) x
1,000] shares on the grant date equal to the difference between FMV and option price. Bender
Corporation receives a compensation deduction of $20,000.
Comprehensive Problem
I:9-79 Dan and Cheryl’s taxable income tax liability for 2012 is determined below.
Itemized deductions:
Medical expenses $ 4,870
Minus: 7.5% of AGI ( 13,110) -0-
*Employee business expenses (travel $1,080a + automobile $8,440b + Cheryl 1,000) $ 10,520
(See below for detail of travel expenses; automobile expenses are below.)
a
Travel expenses
Expense Total Reimbursed Unreimbursed
Hotel $4,200 $3,360 $ 840
Meals 820 656 82 ($164 x 50%)
Entertainment 1,080 864 108 ($216 x 50%)
Tips 100 80 20
Cleaning 150 120 30
** Office-in-home expenses
Direct expenses
Supplies $ 290
Telephone 1,100 1,390
Indirect expenses
Utilities ($3,400 x 10%) 340
Homeowner’s insurance ($600 x 10%) 60
Repairs and maintenance ($800 x 10%) 80
Depreciation (see computation below) 615
Mortgage interest ($15,600 x 10%) 1,560
$4,265
Depreciation: $240,000 x 2.564% x 10% = $615
1. Ajax needs to expand its equity base because of its high debt/equity ratio and needs
for growth.
2. Management philosophy favors employee stock ownership for employees and
executives.
3. Conditions are favorable to offer compensation arrangements involving qualified and
nonqualified plan arrangements because the company's stock is publicly traded.
I:9-84 Contained in the new standards of the AICPA's Statements on Standards for Tax Services
(SSTS) is Statement No. 4, which explains that a CPA can use taxpayers' estimates if it is
impractical to obtain exact data and the estimated amounts are reasonable under the facts and
circumstances known to the CPA. However, certain expenses must be evidenced by proper
documentation. Travel and entertainment expenses must, under Sec. 274(d), be substantiated by
adequate documentation by the taxpayer as prescribed in that section. The CPA cannot use
estimates for these amounts.
The client letter should explain to the taxpayer that a deduction cannot be allowed for the
travel and entertainment expenses incurred unless proper documentation has been made under the
requirements of Sec. 274(d) of the Internal Revenue Code. Documentation should include an
expense book or diary containing the time, place, business purpose, and proof of the amount.
I:9-85 The primary issue in this case is whether Charley is “away from home”. If Charley is
considered away from home, his travel expenses would be deductible. The IRS and the courts have
struggled with this type of situation in several previous cases. In Williams v. Patterson, 286 F.2d
333 (CA-5, 1961), the court established the “sleep or rest” rule which suggests that a trip long
enough to require interruption for rest was equivalent to being away overnight.
Due to the discrepancies in applying the “sleep or rest” rule, the Supreme Court granted
certiorari in U.S. vs. Correll, 389 U.S. 299 (1967), where the Court ruled unfavorably for the
taxpayer in a situation where a traveling salesman pulled his car over to the side of the road and slept
for several hours during trips. Soon after the Correll decision, the Treasury Department issued Rev.
Rul. 75-168, 1974 C.B. 58, which addressed trips of less than 24 hours. According to the ruling,
travel expenses may be deductible for trips of less than 24 hours if it was reasonable for the taxpayer
to require sleep or rest.
In this case, the result is not absolutely clear. It appears that Charley Long used his judgment
to determine whether he needed sleep or rest. It seems fairly clear that he should be able to deduct
his food and lodging on the nights he stayed in a motel. However, on the nights he slept in his cab,
the Correll case may be unfavorable to Charley’s position.
Joe Windsack is clearly committing an act of tax fraud by claiming fictitious deductions. You
as a CPA have the ethical responsibility to inform Windsack that the excess deductions are not
allowable and must not be claimed on his return. Under the Statement on Standards for Tax Services
#6, you cannot associate yourself with a tax return (by signing the return as tax preparer) if you
know that an error exists on the return. If he objects to this treatment, you must withdraw from this
client engagement and not prepare his return for the taxable year.