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South Western Federal Taxation 2015 Essentials of Taxation Individuals and Business Entities 18Th Edition Smith Solutions Manual Full Chapter PDF
South Western Federal Taxation 2015 Essentials of Taxation Individuals and Business Entities 18Th Edition Smith Solutions Manual Full Chapter PDF
South Western Federal Taxation 2015 Essentials of Taxation Individuals and Business Entities 18Th Edition Smith Solutions Manual Full Chapter PDF
CHAPTER 6
Status: Q/P
Question/ Learning Present in Prior
Problem Objective Topic Edition Edition
6-1
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6-2 2015 Individuals and Business Entities/Solutions Manual
Status: Q/P
Question/ Learning Present in Prior
Problem Objective Topic Edition Edition
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-3
Status: Q/P
Research Present in Prior
Problem Topic Edition Edition
Proposed solutions to the Research Problems are found in the Instructor’s Guide.
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-4 2015 Individuals and Business Entities/Solutions Manual
PROBLEMS
Dear Sir:
This letter is to inform you of the possibility of taking a bad debt deduction.
Your loan to Sara is a business bad debt; therefore, you are allowed to take a bad debt deduction for
partial worthlessness. You will be able to take a bad debt deduction in the current year of $26,000
($30,000 – $4,000) based on partial worthlessness.
Should you need more information or need to clarify anything, please contact me.
Sincerely,
John J. Jones, CPA
Partner
TAX FILE MEMORANDUM
January 29, 2014
From: John J. Jones
Subject: Bad Debt Deduction
Loon Finance Company’s $30,000 loan to Sara is a business bad debt. Therefore, a bad debt deduction
is allowed for partial worthlessness of $26,000 (i.e., Sara has filed for bankruptcy and Loon has been
notified that the most the company can expect to receive is $4,000). Loon will be able to claim an
additional bad debt deduction in the year when a final settlement has been reached with respect to the
loan assuming the amount collected is less than $4,000.
2. Monty must include up to $10,000 in gross income, but only to the extent of a tax benefit in a prior
year. Because the debt is a nonbusiness bad debt, the $11,000 would have been reported as a short-term
capital loss. Last year, Monty had capital gains of $4,000 and taxable income of $20,000. Therefore,
$7,000 of the $11,000 loss produced a tax benefit. Hence, only $7,000 would be included in Monty’s
gross income this year.
3. Jack should be concerned with the following issues:
• Should this be treated as a worthless security?
• Should this be treated as a theft loss?
• Does the theft loss create an NOL?
• Can the NOL be carried back three years?
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-5
4. Worthless debts arising from unpaid wages are not deductible as a bad debt unless the taxpayer has
included the amount in income for the year for which the bad debt is deducted or for a prior tax year.
Jake used the cash method of reporting income. Therefore, fees for services by Jake that allegedly were
owed by the City have never been included in income, and unpaid amounts, even if earned, do not
constitute bad debts within the meaning of §166 for which a deduction for worthlessness may be
claimed.
5. Salary $120,000
§ 1244 ordinary loss (limit of $100,000) (100,000)
Short-term capital gain on § 1244 stock $ 20,000
Short-term capital loss (nonbusiness bad debt) (19,000)
Net short-term capital gain $ 1,000
Net long-term capital loss (remaining § 1244 loss) (5,000)
Net capital loss (limit) (3,000)
Adjusted gross income $ 17,000
6. Sell all of the stock in the current year:
Current year’s AGI
Salary $ 80,000
Ordinary loss (§ 1244 limit) (50,000)
Long-term capital gain $ 8,000
Long-term capital loss ($80,000 − $50,000) (30,000)
Long-term capital loss (limit) (3,000)
AGI $ 27,000
Next year’s AGI
Salary $ 90,000
Long-term capital gain $ 10,000
Long-term capital loss carryover ($30,000 − $11,000) (19,000)
Long-term capital loss (limit) (3,000)
AGI $ 87,000
Total AGI
Current year $ 27,000
Next year 87,000
Total $114,000
Sell half of the stock this year and half next year:
Current year’s AGI
Salary $ 80,000
Ordinary loss (§ 1244 stock) (40,000)
Long-term capital gain 8,000
AGI $ 48,000
Next year’s AGI
Salary $ 90,000
Ordinary loss (§ 1244 stock) (40,000)
Long-term capital gain 10,000
AGI $ 60,000
Total AGI
Current year $ 48,000
Next year 60,000
Total $108,000
Mary’s combined AGI for the two years is lower if she sells half of her § 1244 stock this year and half
next year.
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6-6 2015 Individuals and Business Entities/Solutions Manual
8. The amount of the loss before the 10%-of-AGI limitation is computed as follows:
Home ($350,000 − $280,000) $70,000
Auto ($30,000 − $20,000) 10,000
Total loss $80,000
Less: $100 (100)
Loss before 10% of AGI $79,900
Because the President declared the area a disaster area, Olaf and Anna could claim the loss on last
year’s return or on the current year’s return.
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-7
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-8 2015 Individuals and Business Entities/Solutions Manual
12. The at-risk rules limit Fred’s deductions. He can deduct $35,000 in 2013, thereby reducing his at-risk
amount to $15,000 ($50,000 original investment − $35,000 deducted). He will be limited to a $15,000
deduction in 2014 unless he increases his amount at risk. Fred’s share of the partnership losses is not
subject to the passive loss restrictions because his interest is not a passive activity.
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Losses and Loss Limitations 6-9
• Whether the investment is a passive activity or whether David and Debbie are treated as material
participants in the venture.
• If the passive activity rules apply, what amount may be deducted in the current year and what
amount is suspended under the passive loss rules for future use?
What is the interaction between the at-risk rules and the passive activity rules in determining the current
treatment of losses flowing from the investment?
15. In 2013, Kay cannot deduct any of the passive loss because of the impact of the passive loss rules (she
has no passive income). The $35,000 loss is suspended and carried forward to 2014 where $15,000 is
deducted. After $15,000 is deducted, the remaining $20,000 of the 2013 passive loss remains
suspended.
16. The $50,000 loss is suspended under the passive loss rules because Ray is not a material participant.
Ray’s AGI is $140,000.
In addition, the $30,000 loss (and the corresponding tax benefit of $8,400) from Activity B expected to
be incurred next year would be suspended until passive income is generated. The prospects of gaining
the use of the tax benefit at this time are nil.
Therefore, by deferring the sale until next year, Jorge is able to avoid the current payment of a $10,360
Federal tax liability. In addition, the expected gain from the sale can be offset by all of the suspended
passive loss from Activity B (including the expected $30,000 loss from next year). By deferring the
sale, Jorge’s short-term cash flow increases by $3,360.
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-10 2015 Individuals and Business Entities/Solutions Manual
18. Last year, Sarah could deduct nothing against nonpassive income and was required to allocate the
$20,000 net loss among the three loss activities.
Income (loss):
Activity A $30,000
Activity B (30,000)
Activity C (15,000)
Activity D (5,000)
Net passive loss ($20,000)
Net passive loss allocated to:
Activity B (30/50 × $20,000) ($12,000)
Activity C (15/50 × $20,000) (6,000)
Activity D (5/50 × $20,000) (2,000)
Total suspended losses ($20,000)
In the current year, Sarah has a net gain of $10,000 from the sale of Activity D. She can offset the
$2,000 suspended loss from the activity and the current year’s loss of $1,500 from the activity against
the $10,000 gain. In addition, the remaining net gain of $6,500 ($10,000 − $2,000 − $1,500) from the
sale may be used to absorb passive losses from the other activities.
The suspended passive losses are fully deductible. The suspended credits are lost forever
because the sale of the activity did not generate any tax.
20. The passive loss limitations apply to personal service corporations. Therefore, the $100,000 of passive
losses may not be used in the current year to offset any of Ash’s other income. Instead, the amount
($100,000) is suspended for use in the future when Ash generates passive income or disposes of the
passive activity.
21. a. A personal service corporation is not allowed to offset passive losses against active or portfolio
income. Therefore, White’s taxable income is $436,000 ($400,000 income from operations +
$36,000 portfolio income).
b. A closely held, nonpersonal service corporation is allowed to offset passive losses against
active income, but not against portfolio income. Therefore, White’s taxable income is $396,000
($400,000 income from operations − $40,000 passive loss + $36,000 portfolio income).
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Losses and Loss Limitations 6-11
22. John is entitled to treat the loss as active if his participation constitutes substantially all of the
participation in the activity of individuals (including nonowner employees) for the year. If John is the
only individual who participates in the activity, he would be entitled to an active loss deduction.
23. • The amount of Rene’s at-risk basis in the hardware business and whether the losses flowing from
the entity are limited by the at-risk rules.
• Whether the profits and losses from the public accounting firm are classified as passive or active.
• Whether Rene is a material participant in the hardware business.
• Whether Rene is subject to the passive loss rules.
24. Smith, Raabe, Maloney, and Young, CPAs
5191 Natorp Boulevard
Mason, OH 45040
January 23, 2015
Ms. Kristin Graf
123 Baskerville Mill Road
Jamison, PA 18929
Dear Kristin:
This letter is in response to your request for assistance in analyzing the tax consequences from two
investment alternatives. One alternative is to make an additional investment of $10,000 in Rocky Road
Excursions. Here you have an at-risk basis of $0, suspended losses under the at-risk rules of $7,000,
and suspended passive losses of $1,000. If this investment is made, your share of the projected profits
for this year would increase from $1,000 to $8,000. The other choice is to invest $10,000 as a limited
partner in the Ragged Mountain Winery. This would produce passive income of $9,000 this year. The
following analysis is based on these facts.
Invest $10,000 in Rocky Road Excursions:
Expected profit from investment $8,000
Beginning at-risk basis $ –0–
Increase to at-risk basis due to profit 8,000
Increase to at-risk basis due to investment 10,000
$18,000
Use of loss suspended by at-risk rules (7,000)
Ending at-risk basis $11,000
Beginning suspended passive loss ($ 1,000)
Reclassified suspended passive loss (7,000)
Use of suspended passive losses—revised (8,000)
Current taxable income $ –0–
Current tax liability $ –0–
Invest $10,000 in Ragged Mountain Winery:
Expected profit from investment—Ragged Mountain Winery $9,000
Expected profit from investment—Rocky Road Excursions 1,000
Use of suspended passive losses from Rocky Road Excursions
($1,000 reclassified suspended loss under the at-risk rules +
$1,000 suspended passive loss) (2,000)
Current taxable income $8,000
Current tax liability ($8,000 28%) $2,240
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-12 2015 Individuals and Business Entities/Solutions Manual
As you can see, the tax effects of the two options vary significantly due to the interplay of the at-risk
and the passive activity loss rules. This analysis should help you make a more informed investment
decision. If you need any further explanation, please contact me.
Sincerely,
Libba Eanes, CPA
Partner
25. a. Maxine’s accountant was referring to the impact of the at-risk and passive activity loss rules
on the deductibility of the loss from the Teal investment. The at-risk rules are designed to
prevent taxpayers from deducting losses in excess of the actual economic investment in the
activity. The passive loss rules prevent taxpayers from deducting passive losses in excess of
passive income. In Maxine’s current situation, she apparently has no other investments that
produce passive income (i.e., she previously sold such an interest).
b. Maxine’s current at-risk amount is $1,000, and she has no other investment activity that
produces passive income. Therefore, Maxine’s current year deduction is limited by both the at-
risk and passive loss rules. The $13,000 loss reduces the at-risk basis to $0, and the $12,000
balance of the loss is suspended. However, the $1,000 loss not limited by the at-risk rules is
suspended under the passive loss rules because Maxine does not have any passive income.
Therefore, none of the $13,000 loss can be deducted.
c. The financial adviser’s suggestion is faulty. By making an additional $12,000 investment in
Teal, the at-risk basis is increased to $13,000 ($1,000 + $12,000). This avoids any suspension
of the loss under the at-risk rules (giving her an ending at-risk basis of $0). However, because
Maxine has no passive income, the entire $13,000 loss is suspended under the passive loss
rules. Thus, none of the $13,000 loss can be deducted in the current year.
d. Maxine has two basic choices. One choice involves two steps, the first being to make the
additional $12,000 investment in Teal as suggested by her financial adviser. In addition, she
should purchase an interest in a new investment that is expected to produce passive income of
at least $13,000 annually. Under this alternative, the additional investment in Teal ensures that
the at-risk rules will not limit the deduction, while the investment in a new passive activity will
generate passive income against which the $13,000 loss may be offset. Maxine’s second option
is to consider selling her interest in Teal. The sale of the interest will not be restricted by the
at-risk rules, and the final economic gain or loss from her investment will be recognized for tax
purposes. If the entire interest is sold, the passive loss rules will not restrict the deductibility of
the final year’s loss or any suspended losses present.
26. Lee’s share of BlueSky’s loss in 2014 is $80,000 ($400,000 × 20%), and the entire loss is suspended
under the passive loss rules because he has no passive income. His share of the passive income in 2015
is $40,000 ($200,000 × 20%). His at-risk amount is $80,000 ($120,000 − $80,000 passive loss in 2014
+ $40,000 share of income in 2015). In 2015, he may deduct $40,000 of his $80,000 suspended loss
against the passive income. This leaves a $40,000 suspended loss at the end of 2015.
27. Grace is allowed a $40,000 deduction. Because her at-risk basis is only $40,000, of the $50,000 loss,
$10,000 is suspended. The available $40,000 loss is not subject to the passive activity loss rules because
she was a material participant. As the loss is treated as an active loss, Grace’s income for tax purposes
is $100,000 ($140,000 − $40,000).
28. a. If Jonathan is not a material participant, $45,000 of his $60,000 loss ($300,000 loss
× 20% interest) is reclassified as a passive loss and disallowed under the passive loss limits.
The remaining $15,000 is disallowed by the at-risk limits. Therefore, Jonathan’s AGI is
$218,000 ($200,000 salary + $18,000 portfolio income).
b. If Jonathan is a material participant, $45,000 of his $60,000 loss is deductible as an active loss.
The remaining $15,000 is disallowed by the at-risk limits. Therefore, Jonathan’s AGI is
$173,000 ($200,000 salary + $18,000 portfolio income − $45,000 active loss).
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-13
29. If losses were limited only by the at-risk rules, Gerald would be able to deduct the following amounts
in 2013 and 2014.
Year Loss Allowed* Disallowed
2013 $40,000 $30,000 $10,000
2014 30,000 –0– 30,000
* Allowed under the at-risk rules, reclassified as a passive loss subject to the passive loss limitations.
However, the losses also are limited by the passive loss rules as follows:
Year Passive Deductible Suspended
2013 $30,000 $–0– $30,000
2014 –0– –0– –0–
In 2015, the $50,000 income increases Gerald’s at-risk amount to $50,000, enabling him to deduct the
$40,000 of disallowed losses. The $50,000 is passive income that can be offset by $50,000 of suspended
losses, leaving a suspended loss of $20,000. At the end of 2015, Gerald has no unused losses under the
at-risk rules, $20,000 of suspended passive losses, and a $10,000 adjusted basis in the activity [$30,000
(adjusted basis on 1/1/2013) − $40,000 (loss in 2013) − $30,000 (loss in 2014) + $50,000 (income in
2015)].
The apartment rental activity is considered a passive activity and, in general, is subject to the passive
activity rules. However, under an exception for an active participant, you will be able to deduct $10,000.
Specifically, the law allows losses of up to $25,000 from certain real estate rental activities to be
deducted each year. However, if AGI exceeds $100,000, the amount allowed is reduced by 50% of
every dollar of AGI over $100,000. (Once AGI reaches $150,000, no loss deduction is allowed.)
Because your AGI is expected to be $130,000, the allowable loss is determined as follows: $25,000
(maximum allowable) − .50($130,000 AGI − $100,000). Therefore, your AGI becomes $120,000 after
the allowable $10,000 loss ($130,000 − $10,000) is deducted. The remaining $50,000 loss that is not
deductible in the current year is suspended and will be available in future years.
If you have any additional questions or would like further clarification of this matter, please call me.
Sincerely,
John J. Hudgins, CPA
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6-14 2015 Individuals and Business Entities/Solutions Manual
Scott Myers
603 Pittsfield Dr.
Champaign, IL 61821
Dear Scott,
Based on our discussion, I understand that you are attempting to qualify under the special rules for real
estate professionals as a material participant in order to deduct against your nonpassive income any
losses generated by this rental activity. Consequently, you should document a sufficient number of
hours so that you will meet the material participation standard.
Your activities to date appear to be within the bounds of the tax law as it is written, but you also appear
to be stretching its limits. You need to be careful to avoid any appearance of or taking any actual
fraudulent actions on your or your wife’s part. Essentially, the issue is whether the participation hours
generated are of substance or merely of form. Another issue is whether one of the principal purposes
of the tasks being performed is to avoid the disallowance of passive losses or credits.
Should you need more information or need me to clarify anything, please call.
Sincerely,
Jake Smith, CPA
32. Bonnie and Jake are much better off filing jointly (a tax liability based on the 2014 rate schedules of
$2,528 if filing jointly compared with $5,674 if filing separately). The decrease in medical deductions
[($8,500 − $2,675) versus ($8,500 − $4,700)] is more than offset by the fact that they lose their rental
loss deduction if they file separately because they live together.
Bonnie Jake Joint
Income:
Salaries $42,500 $26,000 $68,500
Interest income 750 750 1,500
Rental loss (–0–) (–0–) (23,000)
AGI $43,250 $26,750 $47,000
Itemized deductions:
Medical expenses $ –0– $ 8,500 $ 8,500
Less: 10% of AGI –0– (2,675) (4,700)
All other 9,000 3,400 12,400
Total itemized deductions ($ 9,000) ($ 9,225) ($16,200)
Personal exemptions (3,950) (3,950) (7,900)
Taxable income $30,300 $13,575 $22,900
Tax (rounded) $ 4,091 $ 1,583 $ 2,528
Tax filing separately:
Bonnie’s tax $ 4,091
Jake’s tax 1,583
$ 5,674
Tax filing jointly (2,528)
Tax savings filing jointly $ 3,146
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-15
33. Gene is considered a material participant in the tax practice but not in the apartment leasing operation.
However, because he actively participates in the real estate rental activity and owns at least 10%,
$25,000 of the $30,000 loss is deductible in the current year against his tax practice income. The
remaining $5,000 loss from the rental activity is suspended as a passive activity loss.
34. Ida can utilize $20,000 of losses and $1,400 of credits as follows because of the real estate rental activity
exception:
Income (Loss): Activity A ($12,000)
Activity B (18,000)
Activity C 10,000
Net loss ($20,000)
Utilized loss 20,000
Suspended loss $ –0–
Utilized credit $ 1,400
Suspended credit $ 700
After deducting the loss of $20,000, Ida has available a deduction equivalent of $5,000 [$25,000
(maximum loss allowed) – $20,000 (utilized loss)]. Therefore, the maximum amount of credits Ida may
claim is $1,400 [$5,000 (deduction equivalent) × 28% (marginal tax bracket)].
36. How Much Latitude Can a Taxpayer Take in Setting Fair Market Value? When a taxpayer’s interest in
a passive activity is transferred by reason of death, what happens to any associated suspended losses?
Suspended losses are allowed (normally on the decedent’s final income tax return) to the extent they
exceed the amount of the step-up in basis received under § 1014. In this situation, if the executor sets
the value of the interest at $65,000, there would be no step-up in basis in the property as the fair market
value and the basis are the same. As a result, the entire $10,000 suspended loss would be allowed on
the decedent’s final return since this amount was not reduced by any step-up in basis.
The ethical issue revolves around whether Ron can justify his position that the interest’s fair market
value is $65,000. Relevant aspects of this issue are summarized below:
Factors that may be used to support the $65,000 valuation:
• The bookkeeper, who is familiar with the partnership operations and its financial operations,
believes that the value of the interest ranges between $65,000 and $80,000.
• The process of establishing an asset’s fair market value is an “inexact science.” The assessment of
fair market value may be difficult and is often described in terms of a range of values. No
requirements exist that would require acceptance of a particular valuation within that range.
Factors that may be used to question the $65,000 valuation:
• The assessment is not based on a qualified appraisal, but rather on the opinion of an individual who
does not appear to have the background or training necessary to make such judgments.
• The value was set to maximize the use of the tax benefits associated with the suspended passive
activity loss rules.
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