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Chapter I:7
Itemized Deductions
Discussion Questions
I:7-1 a. A taxpayer may deduct medical expenses incurred on behalf of the taxpayer, the
taxpayer's spouse, the taxpayer's dependents, and the taxpayer’s children. The taxpayer may also
deduct medical expenses paid for an individual who would otherwise qualify as a dependent
except for the fact that the gross income test is not met, even though the taxpayer may not take
an exemption for the individual.
b. No. Medical expenses incurred by the divorced parents of a child are deductible
by whichever parent incurs the expenses, even though the parent incurring the expenses is not
entitled to the dependency exemption for the child. p. I:7-2.
c. The taxpayer who is the subject of a multiple support agreement is treated as the
dependent of the taxpayer who is entitled to take the dependency exemption. Since a taxpayer
may deduct medical expenses (subject to the 7.5% of AGI limit) incurred for a dependent, the
taxpayer entitled to the dependency exemption under the multiple support agreement should be
the one who pays the medical expenses.
I:7-3 a. The Internal Revenue Code defines cosmetic surgery as any procedure that is
directed at improving the patient's appearance and does not meaningfully promote the proper
function of the body or prevent or treat illness or disease.
b. In general, the cost of cosmetic surgery is not deductible unless it is necessary to
ameliorate a deformity arising from or directly related to, a congenital abnormality, a personal
injury resulting from an accident or trauma, or a disfiguring disease. p. I:7-4.
I:7-4 a. In 2018, the deductible mileage rate for miles driven to receive medical care is
18 cents per mile. In addition, the cost of lodging and 50% of the cost of meals incurred en route
to obtain medical treatment generally is deductible as a medical expense. En route transportation,
50% of meals and lodging costs for a nurse, parent, or spouse are also deductible if the sick or
I:7-5 Generally the cost of meals is not deductible for an individual receiving treatment as an
outpatient while away from home. The cost of lodging for an outpatient is deductible if (1) the
travel is undertaken primarily for medical care, (2) the medical care is provided by a physician in
a licensed hospital (or a facility that is related or equivalent to a licensed hospital), and (3) there
is no significant element of personal pleasure or recreation. Furthermore, the deduction for
lodging is limited to $50 per night, per person. These rules also apply to a nurse, parent, or
spouse if the sick or injured individual is unable to be alone. The cost of meals and lodging
received by an individual as an inpatient are considered part of the treatment received and are,
therefore, deductible as medical expenses. p. I:7-4.
1. Expenditures that relate only to the sick person and not to the permanent
improvement of the taxpayer's property. These include expenditures for items
such as wheelchairs, eyeglasses, etc.
2. Expenditures that permanently improve the taxpayer's property as well as provide
medical care.
3. Expenditures incurred in removing physical barriers in the home of a physically
handicapped individual.
b. Capital expenditures in the first and third categories are fully deductible.
However, capital expenditures in the second category are deductible only to the extent the
expenditure exceeds the increase in fair market value of the residence. p. I:7-5.
I:7-7 The cost of the trip most likely would not be deductible because of the personal
enjoyment factor. Because Bill's doctor recommended the trip specifically as treatment for his
ulcer, an argument could be made to deduct the cost of the trip as treatment for a specific
ailment. Before taking such a position, however, the taxpayer and his/her tax return preparer
should evaluate whether or not the position has a “reasonable” or “more likely than not” chance
of winning upon audit. pp. I:7-3 and I:7-4.
I:7-8 If the premiums cover more than just health care or long-term care for the chronically ill,
(i.e. coverage for loss of income or life) and the cost of the separate items are not identified as a
component of the total premium, then none of the premiums are deductible. p. I:7-6.
I:7-10 a. The following taxes are specifically identified as deductible under Sec. 164:
b. Certain taxes not specifically listed in Sec. 164 are still deductible as ordinary and
necessary expenses if incurred in the taxpayer's business or income-producing activity. Taxes
paid in connection with the acquisition of property (such as a sales tax) are treated as part of the
cost of the property and are capitalized accordingly. pp. I:7-9 and I:7-10.
I:7-11 Cash method taxpayers deduct all state taxes in the year paid or withheld. A refund of
state taxes must be included in gross income in the year of the refund to the extent a tax benefit
was received in the year the deduction was taken. p. I:7-10.
I:7-12 An ad valorem tax is a tax determined by the value of the property being taxed. A
personal property tax that is not an ad valorem tax is still deductible as an ordinary business
expense if the property is used in a trade or business. If the tax is not an ad valorem tax and the
property is not used in a trade or business or income-producing activity, the tax imposed is on
personal property and is not deductible. p. I:7-10.
I:7-13 When real estate is sold during a year, the real estate taxes on the property must be
apportioned between the buyer and seller in order to properly determine the amount of gain or
loss to the seller and the basis of the property in the hands of the buyer as well as the amount of
deduction for the property tax that the seller and buyer each may deduct. The seller of real estate
is treated as having paid the proportionate share of the real estate taxes up to the date of the sale
and the allocation of the taxes is generally properly accounted for at the closing, regardless of
who actually pays the tax. If the closing agreement does not allocate and account for the real
estate taxes and the seller does not actually pay his or her share of the taxes, the selling price of
the property will increase by the amount of the tax and the buyer's basis will increase by the
same amount. If the closing agreement does not allocate and account for the real estate taxes and
the buyer does not actually pay his or her share of the taxes, the selling price will be decreased
by the amount of the tax and the buyer's basis will decrease by the same amount. p. I:7-11.
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I:7-3
I:7-14 a. For tax purposes, interest expense of an individual is divided into the following
categories: personal interest, active trade or business interest, passive activity interest,
investment interest, qualified residence interest, and student loan interest. In general, the
classification of interest is determined by the use of the borrowed money, not the nature of
the property used to secure the loan.
b. Personal interest is not deductible. Active trade or business interest is deductible
as a for AGI deduction on Schedule C. Passive activity interest is deductible against passive
income and is deductible either for or from AGI, depending on the activity in which the interest
is incurred. For example, interest incurred in a passive rental activity is a deduction for AGI.
Investment interest is deductible as a from AGI deduction, up to the amount of the taxpayer’s net
investment income for the year. Qualified residence interest is deductible as a from AGI
deduction on Schedule A. Student loan interest is a for AGI deduction. pp. I:7-12 through I:7-
20.
I:7-15 A point is equal to one percent of the loan amount. Points may represent an additional
interest expense, or a service charge. If the points represent additional interest, they are
deductible as interest. Points that represent a service fee are amortized and deducted only if
incurred in a business or for investment. pp. I:7-17 and I:7-18.
I:7-16 Points representing prepaid interest on a loan are deductible in the year that they are paid
if the loan is obtained to purchase or improve the taxpayer's principal residence. If not, the
points must be capitalized and amortized over the period to which the interest relates. pp. I:7-17
and I:7-18.
I:7-17 Section 267 requires related cash-method lenders and accrual-method borrowers to report
the results of the transactions in the same year. The restrictions imposed by Sec. 267 serve to
prevent a related accrual-method taxpayer from taking a deduction in a year earlier than the year
in which the related cash-method taxpayer reports the income. p. I:7-20.
I:7-18 a. The deduction for investment interest expense is limited to the taxpayer's net
investment income for the year.
b. Net investment income is the excess of investment income over the investment
expenses (excluding the investment interest expense) that are directly connected with the
production of investment income. Investment income is gross income from property held for
investment including items such as dividends, interest, annuities, and royalties (if not earned in a
trade or business). Investment income also includes net gain (all gains minus all losses) on the
sale of investment property, but only to the extent the net gain exceeds the net capital gain (net
long-term gains in excess of net short-term losses) on such property. Thus, a net short-term
capital gain is included. If the taxpayer elects to subject them to the regular tax rates, net capital
gains (net long-term gains in excess of short-term losses) are included in the definition to the
extent the taxpayer elects to subject them to the regular tax rates. Gains on business or personal-
use property are not included in the calculation of investment income.
c. Disallowed investment interest expense may be carried over and deducted in a
subsequent year. The carryover amount is treated as paid or accrued in the subsequent year and
is subject to the disallowance rules that pertain to the subsequent year. pp. I:7-15 and I:7-16.
I:7-20 For any taxable year, a taxpayer may have two qualified residences: (1) the taxpayer's
principal residence, and (2) one other residence selected by the taxpayer which the taxpayer
personally uses more than the greater of (1) 14 days or (2) 10% of the rental days during the
year. If the residence has not been rented by the taxpayer during the year, it may be selected by
the taxpayer as the second residence with respect to which qualified residence interest may be
deducted even though the taxpayer does not meet the 14-day or 10% test. p. I:7-18.
I:7-21 The interest is disallowed as a deduction because the taxpayer would realize a double tax
benefit if allowed to have the proceeds from the tax-exempt securities not taxed and also deduct
the interest for the debt to purchase or hold the tax-exempt securities. If the interest was allowed
to be deducted, a taxpayer could, under certain circumstances borrow money at a higher rate of
interest than the rate at which it is invested, while still generating a positive net cash flow.
p. I:7-14.
I:7-22 The cash method taxpayer normally deducts the interest expense in the year paid.
Prepaid interest relating to a period that extends beyond the end of the tax year must be
capitalized and amortized over the life of the loan. If points paid on a loan incurred to purchase
or substantially improve the taxpayer's principal residence represent prepaid interest, the
deduction can be taken in the year paid.
If a new loan with a third party is entered into to pay an existing loan, the amount of the
payment which represents interest is deductible in the year paid. If the funds used to pay the first
loan are borrowed from the same party and the purpose of the second loan is to pay the interest
on the first loan, no interest deduction is available.
A cash-method taxpayer may deduct interest on a discounted note when the note is
repaid. Personal interest, however, is not deductible. pp. I:7-19 and I:7-20.
I:7-23 a. Capital gain property is property held over one year upon which a long-term
capital gain would be recognized if it were sold at its FMV on the date of contribution. If a
capital loss or a short-term capital gain would be recognized, the property is considered ordinary
income property for purposes of the charitable contribution deduction. Ordinary income
property also includes property that would result in the recognition of ordinary income if the
property were sold.
b. It is important to make the distinction between capital gain property and ordinary
income property because of the different rules that apply in determining the amount of the
charitable contribution deduction. If capital gain property is donated to a public charity,
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I:7-5
generally the amount of the contribution is its FMV except for special rules relating to tangible
personal property. Ordinary income property contributed to a public charity generally results in
a contribution amount equal to the FMV less the gain that would have been recognized if the
property had been sold. pp. I:7-22 and I:7-23.
I:7-24 In general, the amount of the charitable contribution of capital gain property donated to a
private nonoperating foundation is equal to the FMV of the property reduced by the gain that
would be recognized if the property were sold at its FMV. In the case of capital gain property
donated to a public charity, the charitable contribution is equal to the FMV of the property. In
this case, the limit on the charitable deduction is 30% of AGI. An individual may, however,
elect to have the amount of the contribution become the property's FMV reduced by the gain that
would be recognized. In this case, the limit is increased to 50% of AGI. If tangible personal
property (not realty) is donated to a public charity and is used by the charity for purposes
unrelated to the charity’s purposes, or if the property consists of certain intangibles, the amount
of the contribution equals the property’s FMV reduced by the gain which would have been
realized if the property had been sold. Special rules apply to certain types of inventory donated
by a corporation. pp. I:7-22 and I:7-23.
I:7-26 The overall deduction limitation on charitable contributions for individuals is 60% of the
taxpayer's AGI for the year (50% of AGI for property). The limitation for corporations is 10%
of taxable income computed without regard to the dividends received deduction, the charitable
contribution deduction, or any NOL or capital loss carrybacks. pp. I:7-24 and I:7-25.
I:7-27 Charitable contributions that exceed the deduction limitation may be carried over and
deducted in the subsequent five years. The carryovers are still subject to the limitations that
apply in the subsequent years. pp. I:7-25 and I:7-26.
I:7-28 Charitable contribution deductions are reported on Schedule A of the individual's tax
return. If contributions of property exceed $500, Form 8283 must also be submitted. This form
requires information about the type, location, holding period, basis, and FMV of the property.
Additionally, if contributions of $250 are made, no deduction is allowed unless the taxpayer
obtains and retains a contemporaneous, written acknowledgment by the donee organization.
This acknowledgement must include whether or not the organization provided any goods or
services in consideration for the cash or property received, including a description and good faith
estimate of the value of any goods or services provided by the organization.
I:7-30 The primary tax issue is whether Chuck can use the current interest expense incurred on
his investment property to offset current year ordinary income. Chuck will not have income
from his investment in the land for at least five years and when Chuck recognizes the capital gain
it will be taxed at either 15% or 20%, depending upon Chuck’s taxable income in that year.
Without any restriction or limitation, he can currently deduct the interest against his ordinary
income, which is taxed in the current year at 24%. Thus, Chuck should take into consideration
the amount of his current year net investment income in order to determine the amount of the
current investment interest expense he can deduct. p. I:7-14.
I:7-31 The primary tax issue is whether the contribution is made to a qualified charitable
organization. The payments to a political candidate indicate that the organization may not
qualify. If the contribution is qualified, George needs to consider contribution limits and the
character of the contribution (i.e., LTCG or ordinary income property). p. I:7-22.
I:7-32 The primary tax issue is whether the charitable contribution limits (i.e., 30% of AGI for
contributions of LTCG property) will apply and whether an election should be made to reduce
the amount of the contribution to the property's basis so that the 50% limit is applied. A
secondary issue is the application of the contribution carryover rules and their effect upon the
deductibility of contributions in the current year. pp. I:7-24 and I:7-25.
I:7-33
Angela’s 2018 taxable income is $43,900, computed as follows:
AGI $58,000
Less itemized deductions:
Medical*: Doctor bills $11,700
Hospital bills 9,400
Health premiums 600
Total $21,700
Less: Reimbursement ( 10,000)
Less: 7.5% AGI ( 4,350)
Deductible medical expenses $ 7,350
Mortgage interest** 6,750
Total itemized deductions $14,100
Compare to standard deduction 12,000
Deduction (itemized deduction > standard deduction) ( 14,100)
Taxable income $43,900
*The legal fees do not meet the definition of medical expenses in Sec. 213 of the IRC.
**The car loan interest is considered to be personal interest and not deductible.
pp. I:7-3 through I:7-6.
I:7-34 Angela must include $2,100 in her 2019 income because of the reimbursement. In the
calculation, Angela must compute the amount of tax benefit from the medical expense deduction
for the prior year. She must compare the actual taxable income for 2018 with what the 2018
taxable income would have been if the $4,000 additional reimbursement for her medical
expenses had been received in 2018.
AGI $58,000
Less itemized deductions:
Medical: Doctor bills $11,700
Hospital bills 9,400
Health premiums 600
Total $21,700
Less: Reimbursement ($10,000 + $4,000) ( 14,000)
Less: 7.5% AGI ( 4,350)
Deductible medical expenses $ 3,350
Mortgage interest 6,750
Total itemized deductions $10,100
Compare to standard deduction 12,000
Deduction ( 12,000)
Taxable income $46,000
Actual 2018 taxable income $43,900
Tax benefit $ 2,100
* Note that the IRS's position is that the meals en route are not deductible but the Tax Court and
the Sixth Circuit Court of Appeals have ruled that the meals are deductible.
p. I:7-4.
In 2019, Charla’s AGI is $49,580 ($43,000 + $6,580) and her medical expense deduction
is $5,102, computed as follows:
Fees paid to physical therapist $ 4,000
Hospital bed 3,800
Medical premiums 1,200
Pool maintenance 1,060
Total Expenses $10,060
Minus: 10% AGI ( 4,958)
Qualified medical expense deduction in 2019: $ 5,102
pp. I:7-3 through I:7-6
I:7-38 a. In 2017, Joyce may deduct $1,720 in state income tax, the $120 she paid with her
2016 state tax return and the $1,600 withheld from her paychecks during 2017.
b. In 2018, Joyce may deduct $2,300 in state income tax, the $200 she paid with her
2017 state tax return and the $2,100 withheld from her paychecks during 2018.
c. Joyce’s taxable income for 2018 is $38,200, computed as follows:
AGI $51,000
Less itemized deductions:
State tax deduction $2,300
Mortgage interest
10,500
Total itemized deductions 12,800
Compare to standard deduction 12,000
Deduction for 2018 ( 12,800)
Taxable income $38,200
pp. I:7-9 through I:7-12.
I:7-40 July 1 of the prior year through April 30 of the current year equals 304 days. Thus,
$4,997 ($6,000 x 304/365) of the taxes are apportioned to Tara, even though Janet (the buyer)
pays the full $6,000 in property taxes on September 1. The remainder of the taxes of $1,003
($6,000 - $4,997) are apportioned to Janet.
*Because the long-term capital gains and the dividends are subject to the 15% preferential tax
rate, Travis should not make the election to include them as investment income in calculating the
deduction limit for investment interest expense. Thus, Travis has $9,400 of investment income
($7,300 short-term capital gains and $2,100 of interest income). As the investment expenses of
$8,000 are not deductible in 2018, they are not considered when calculating net investment
income. Travis’ net investment income is greater than his investment interest expense of $2,400,
so the deduction for the investment interest expense is not limited. pp. I:7-14 and I:7-15.
I:7-43 Tina may deduct interest on a total indebtedness of $750,000, based on the following:
Tina is limited to interest expense deductions on a total of $750,000 acquisition indebtedness
incurred on December 15. 2017 or thereafter. Thus, Tina may deduct interest paid on the
$700,000 acquisition debt secured by the principal residence, and $50,000 of the acquisition debt
secured by the condominium. pp. I:7-16 through I:7-18.
Crown
BJ
a. Crown can deduct the entire interest accrued because it and BJ Partnership are not
related parties. The same person does not own over 50% of both the partnership and corporation.
b. Crown cannot deduct any of the interest in the current year. If Jeremy were
Brett’s brother, Brett would constructively own 100% of BJ Partnership. Thus, Brett would own
over 50% of both Crown Corp. and BJ Partnership. Crown could only deduct the interest in the
period in which BJ Partnership would recognize the interest income, which would be the next
year. p.I:7-20.
I:7-45 a. Henry can deduct $900 of interest in the current year. Since Henry is a cash
method taxpayer, he must deduct the interest expense as the loan is repaid. Thus, the total
amount of the interest expense of $1,800 ($12,000 - $10,200) is deductible as the loan is repaid.
Four payments are to be made. Henry makes two payments in the current year (on July 1 and
October 1). Thus, $900 (0.50 x $1,800) of the interest expense is deductible in the current year.
b. Henry can’t deduct any of the interest in the current year. Since none of the loan
is repaid during the current year, none of the interest is deductible during the current year. It will
all be deductible by Henry when the loan is paid off in subsequent years.
c. Henry can deduct $1,350 of interest in the current year. Since Henry is an accrual
method taxpayer, he may deduct the interest as it accrues. The loan is to be outstanding for one year.
Three-fourths of the loan period occurs during the current year. Thus, $1,350 (0.75 x $1,800) of the
interest expense is deductible during the current year. p. I:7-19.
AGI $35,000
Itemized Deductions:
Medical expenses $ 800
Minus: 7.5% of AGI (2,625) $ -0-
State income taxes 2,300
Local property taxes 3,000
Charitable contributions 2,000
Total itemized deductions $7,300
Minus: Greater of itemized deductions ($7,300) or
standard deduction ($12,000) ( 12,000)
Taxable income $23,000
pp. I:7-2 through I:7-30.
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I:7-13
I:7-47
a. James’ 2018 taxable income is $43,375, computed as follows:
Income:
Salary $70,000
Interest 7,000
Net capital gain ($23,000 - $15,000) 8,000
AGI $85,000
Deductions:
Medical $ 8,000
Minus: ($85,000 x 0.075) ( 6,375) $ 1,625
Taxes: Lesser of:
a. $7,000 + $4,000
b. $10,000 10,000
Qualified residence interest 12,000
Investment interest (limited to net investment
income of $15,000*) 15,000
Charitable contributions 3,000
b. James can carry over $1,000 of excess investment interest expense. James’ excess
investment interest expense of $1,000 ($16,000 - $15,000) is carried over to the next year. pp. I:7-
2 through I:7-30.
Income:
Salary $130,000
Interest 7,000
Net capital gain ($23,000 - $15,000) 8,000
AGI $145,000
Deductions:
Medical $ 8,000
Minus: 7.5% AGI ($145,000 x 0.075) ( 10,875) $ -0-
Taxes: Lesser of:
a. ($7,000 + $4,000)
b. $10,000 10,000
Qualified residence 12,000
Investment interest (limited to net
investment income of $7,000 7,000*
Charitable contributions
3,000
Total itemized deductions (32,000)
The excess investment interest of $9,000 ($16,000 - $7,000) is carried over to next year. pp. I:7-
2 through I:7-34.
I:7-49 Donna’s charitable contribution deduction for the year is $800. When services are
rendered to a qualified charitable organization only the unreimbursed expenses incurred while
performing the services are deductible. p. I:7-24.
I:7-51 a. The charitable contribution is $10,000 limited to the lesser of (1) 20% of the
taxpayer's AGI or (2) 30% of AGI, reduced by any contributions of capital gain property donated
to a public charity.
b. The charitable contribution is still $10,000 subject to a limitation of 30% of AGI.
c. The charitable contribution is $50,000 limited to the lesser of (1) 20% of AGI or
(2) 30% of AGI, reduced by capital gain property donated to a public charity.
Copyright © 2019 Pearson Education, Inc.
I:7-15
d. Same as (c) above.
e. The charitable contribution is $500 limited to 30% of AGI.
pp. I:7-22 through I:7-25.
I:7-52 The maximum charitable contribution deduction Helen can take for this year is $40,000.
Under the regular rules, the charitable contribution is $50,000, subject to an overall 30% of AGI
limit. Therefore, the charitable contribution would be $30,000 (0.30 x $100,000 AGI). Helen
would have a $20,000 carryover of excess contributions under the general rule. If she elects to
reduce the amount of the contribution by the long-term capital gain, the charitable contribution is
$40,000 [$50,000 - ($50,000 - $40,000)] subject to an overall 50% of AGI limit. The amount of
the charitable contribution deduction would be $40,000 for this year (50% of AGI limit is
$50,000). If the election is made, there will be no carryover of unused contributions since all of
the contribution is deductible in the current year. pp. I:7-24 and I:7-25.
I:7-53 a. Although she has contributed a total of $95,000, Melissa’s charitable contribution
deduction for the year is $60,000 ($30,000 to Middle State University and $30,000 to the private
nonoperating foundation) because of the limitations imposed on the deductibility of these
contributions. The first limit imposed is the 60% of AGI overall limit (60% x $200,000 =
$120,000) imposed on the donation to Middle State Univ. Thus, this donation is fully
deductible. The deduction for the donation to the private nonoperating foundation is limited to
the lesser of three amounts:
Thus, her charitable deduction for the current year is limited to $60,000 ($30,000 +
$30,000) and she has a $35,000 ($65,000 - $30,000) charitable contribution carryover. The
carryover will be limited to 30% of AGI in the future years.
b. Circle may deduct $400,000 ($4,000,000 x 0.10) and $175,000 may be carried
forward for five years. p. I:7-24.
I:7-55
Mortgage interest
Paid on original loan $ 2,300
($57,661)
I:7-57 If the stock is donated directly, the contribution deduction would be the $30,000 FMV of
the stock. The tax benefit would be $10,500 (0.35 x $30,000), for a net positive cash
flow of $10,500. If the stock is sold and the $30,000 proceeds are donated, the following
would result:
The direct contribution would result in positive cash flow of $10,500. If the stock is sold
and the proceeds are donated to the college, the positive cash flow is only $7,500. This is due to
the fact that Dean must report the gain on the sale of the stock in his income tax return. pp. I:7-31
and I:7-32.
I:7-58 Rebecca should donate part of the Sycamore stock to charity. If she donates the
Redwood stock, she would only be allowed to deduct the adjusted basis, $4,900, in the stock
because she held the stock for less than one year. She should not donate the Oak stock because
she would permanently lose the tax benefit of a capital loss.
Rebecca should also consider bunching her donations into one year. Her present habit of making
an annual $5,000 donation provides no tax benefit in the form of a deduction because the
standard deduction for a single individual is greater than $5,000. If she combines three
donations in one year, the $15,000 total would exceed the standard deduction for the year of
donation and provide tax savings. p. I:7-32.
Pursuant to your request, we have determined the tax consequences of your donation of
land to the Rosepark Community College. As we understand them, the facts are as
follows:
1. Your estimated adjusted gross income for the current year is $100,000. Since you
plan on retiring next year, you anticipate that your adjusted gross income will be
$35,000 for all future years.
2. For federal income tax purposes, you file a joint return with your wife.
3. You purchased the land 14 months ago for $50,000. The land's current appraised
value is $58,000.
5. You do not anticipate making any additional large charitable contributions in the
future.
Because the results of our analysis are based upon these facts as we understand them, if
the facts are not as stated, please notify us immediately.
In general, the amount of a contribution of long-term capital property is the fair market
value of the property. Thus, under the general rule, the amount of your contribution is
$58,000. However, such deductions are subject to an annual limitation of 30% of your
adjusted gross income. Any excess is carried over and deducted in subsequent years.
Deduction Marginal
Year Limited: 30% AGI X Tax Rate X Discount = Savings
*Depending on other itemized deductions, this rate could be 10%. You may receive no
benefit if your itemized deductions do not exceed the $24,000 standard deduction.
Alternatively, you may make an election to reduce the amount of the contribution from
the property's fair market value to your cost in the property. If you make the election, the
amount of your contribution would be reduced from $58,000 to $50,000. However, if
this election is made, the annual limitation increases to 50% of your adjusted gross
income.
If you choose this alternative, your discounted tax savings are as follows (assuming the
current year is 2018):
Deduction Marginal
Year Limited: 50% AGI X Tax Rate X Discount = Savings
By making the election, your discounted tax savings are $1,577 higher than if you were
to use the general rule. Thus, our recommendation is that you make the election.
We will be happy to help you make this election, as well as help you in any other tax
matter or question you may have. If you have any questions, please feel free to call.
Sincerely,
I:7-62 You know that an accrual-method corporation can take a charitable contribution in the
year the contribution is pledged as long as the amount is actually paid within two and one-half
months from the end of the tax year.
The circumstances, however, indicate that the pledge probably was not actually
authorized until after the year's end, thus, requiring the deduction to be taken in the subsequent
year. Statement on Standards for Tax Services (SSTS) No. 3, states:
Copyright © 2019 Pearson Education, Inc.
I:7-21
In preparing or signing a return, a member may in good faith rely, without
verification, on information furnished by the taxpayer or by third parties.
However, a member should not ignore the implications of information furnished
and should make reasonable inquiries if the information furnished appears to be
incorrect, incomplete, or inconsistent either on its face or on the basis of other
facts known to a member. (Emphasis added.)
This is a difficult situation. You don't want to offend or possibly lose a valuable client. At the
same time, however, you recognize your ethical obligations and responsibilities. One possible
action you could take is to request a conference with Bill in order to explain your position. In
this conference, you could outline the risks (penalties) to both him and you that taking such a
position would create. You might also do some forecasting of next year's income in order to
demonstrate that the difference between taking the deduction this year or next is merely the
difference in the present values of the tax savings (next year's being discounted only one year).
At a constant 0.35 tax rate and a discount rate of 10%, the present value of next year's tax
savings is $6,365 ($20,000 x 0.35 x 0.909) while trying to rationalize taking the deduction this
year would result in present value savings of $7,000 ($20,000 x 0.35). Thus, the difference
amounts to only $637 ($7,000 - $6,363).
If Bill continues to insist on taking the deduction this year, and if you know that the
authorization for the pledge was backdated, you should resign from the engagement.
p. I:7-26.
I:7-64 The total amount of medical expenses that Smith may claim in the current year is 0
([$1,800 + $500] - [$60,000 X 0.075]). The $500 spent for pool maintenance and the $1,800 of
other medical expenses qualify as medical expenses, but they do not exceed the 7.5% of AGI
floor. The $8,000 (the increase in the value of the home due to the pool) does not qualify as a
medical expense.
The Regulations under Sec. 213 state that a capital expenditure for a permanent
improvement or betterment of property may "qualify as a medical expense to the extent that the
expenditure exceeds the increase in the value of the related property, if the particular expenditure
is related directly to medical care" [Reg. Sec. 1.213-1(e)(1)(iii)]. In other words, a deduction is
allowed for capital expenditures only if the taxpayer pays more than the increase in FMV. In the
case at hand, it must be determined if Smith paid more than the FMV of the property.
Copyright © 2019 Pearson Education, Inc.
I:7-22
In P.A. Lerew [1982 PH T.C. Memo ¶82,483, 44 TCM 918] and J.H. Robbins [1982 PH
T.C. Memo ¶82,565, 44 TCM 1254], the taxpayers were denied medical deductions for existing
pools in homes they had purchased. The courts held that the actual price paid for the home and
pool (assuming an arm's length transaction) should be exactly equal to its FMV. Based on these
and other discussions and the income tax regulations, it appears that Mr. Smith may deduct the
$12,000 ($20,000 - $8,000) only if he can show that he paid $12,000 more than the increase in
the FMV of the property.
According to the AICPA SSTS and Treasury Department Circular 230, you should only
take a position on the return, which has a reasonable possibility of being sustained on its merits if
it is challenged administratively or judicially. This is particularly true on so-called "hot-button"
issues like charitable donations of goods, which are subject to intense scrutiny by the IRS
because of widespread valuation abuses in the past. Furthermore, under current law, a taxpayer
can only take a deduction for clothing and household items that are in “good” condition.
Assuming these items are considered in good condition, several valuation and compliance
procedures must be met in order for you to qualify Mr. and Mrs. Nice's donations to Goodwill as
a charitable deduction on their tax return. First you must show that the donee is a qualified
organization.
Second, you must identify the type of property donated and how it is to be used by the
qualified organization. Here the reasonable assumption is that Goodwill will resell the goods in
one of its thrift stores in the U.S. Your clients’ records already indicate the listing of goods
contributed, original purchase prices, and condition of the goods at the time of contribution made
in the current tax year. Because the total original cost basis in the goods was approximately
$15,000, you will most likely use Form 8283 in conjunction with Mr. and Mrs. Nice's Schedule
A on their joint 1040 return.
The real issue, which remains, is valuation. Most accountants use a rule of thumb, which
says to claim ten percent of the original value of the items being donated. But does this rule best
serve your client's interest? And would it be ethical to claim a higher value? According to the
IRS publication 561 Determining the Value of Donated Property, certain guidelines may be
used. First, if the total value of the donation claim is over $5,000, an independent outside
appraisal will be required to be submitted with the return. In addition, comparable sales may be
used to find out what the donated goods will sell for in the Goodwill Thrift Shops. For example,
the average price of jeans sold is $7 while bridal gowns sell for $25. In addition, you might
consult valuation guides such as Cash for Your Used Clothing, by William R. Lewis or other
valuation texts.
A GRANDMOTHER’S LOVE.
“Don’t be frightened, my dear; don’t tremble so. You are with a friend,
remember that; and with a relation too. Why, child,” and the eyes of the still
warm-hearted woman brimmed over with the gladdest tears that she had
known for years, “you are my grandchild!—my own, my only
granddaughter! God bless you, my poor child; and may you be the joy and
pride, instead of the grief and shame, of those who love you!”
Honor was sitting by her newly-found relation (the relation in love
though not in law, who had so generously opened to her her arms and heart)
on an old black horse-hair sofa, in a little sitting-room adjoining the bed-
chamber occupied by Colonel Norcott. The old lady—already predisposed
to like and admire her—had been greatly struck, not only with the rare
beauty, but with a certain shy and shrinking grace characteristic of her son’s
child. The touch of Honor’s small trembling hand, and the kiss of her fresh
girlish lips, had warmed Mrs. Baker’s heart to her at once. Yearningly, and
for a long while prayerfully, had she longed for a child who would, all the
days of her life, be unto her as a daughter. Her only child had never, from
the days of his boyhood, been as a son to this poor loving mother, who,
chancing to be one of the most weak and clinging of the daughters of Eve,
could not be content with such poor sympathy as the eminently trustworthy
but somewhat stern ex-lawyer was able to bestow.
“You will come and see my son, Honor? Honor! what a pretty name!”
and she stroked fondly the delicate fingers that lay within her own dry and
wrinkled palm. “He has had a bad night and is very feverish. Dr. Kempshall
says that he must be allowed to have his way, and—”
“Did he tell you everything, ma’am?” interrupted Honor; “everything
about—about—” and she hesitated painfully—“about my husband?”
Mrs. Baker both looked and felt distressed. John Beacham, whom she
knew well by repute, and partly, indeed, personally, was the one stumbling-
block, the single, but very discouraging hitch, in the new view of things
which had been opened out to her sight. Not—let me be thoroughly
understood—that this excellent matron looked with indulgent eyes upon her
prodigal’s offence; but the deed being done and ineffaceable, she trusted,
seeing that a tardy repentance had followed on the crime, that a merciful
forgiveness might be awarded to the penitent, and that Honor would
perhaps—But here the thought of John Beacham, his rights, and prejudices,
and claims, obtruded themselves, and checked the hopeful projects that
were rising up in her mind concerning her so-lately-discovered relative.
“Did he—did my father say anything about John?” Honor asked again
imploringly. She had more than reciprocated Mrs. Baker’s sudden
predilection, and the idea that more than probably, supposing that lady to be
ignorant of Mr. Beacham’s intemperance, she would withdraw her
countenance from herself, was terribly alarming. The pleasantest
peculiarities which Honor had as yet discovered in her father’s mother lay
in her extreme gentleness of manner, and the exceeding softness of her
voice. There was a refinement, too, in her manner and actions, which was
delightful to the foolish creature whose ambition not only to be that
mystical thing we call a lady, but to be able to choose her associates from
amongst the high-placed of the earth, had become, since her acquaintance
with Arthur Vavasour, almost a mania. Noticing her anxiety, Mrs. Baker
hastened, in the kindest imaginable fashion, to relieve it.
“My son,” she said with touching naïveté and simplicity, “has no secrets
from his mother now. His confession, poor fellow, has been a painful one;
but he has not now to learn that I—knowing myself to be a sinner, and
being humbly conscious of having fallen far short of the mercy of God—do
not dare to be severe and cruel upon those who have also need of pardon
from on high. It is wrong, dear child, we must acknowledge that, to lift the
hand in anger against our fellow-creatures; but”—smoothing Honor’s
golden hair tenderly—“Frederick does not deny that he gave your husband
provocation. It was a blow, too, of course—a heavy shock—to learn that his
young wife, his—but we will not revert to the painful past, my love. If—if
my poor son’s life is mercifully spared to us, we must try and make your
excellent husband think better of us all; while as for you, my dear, it will
not be hard, I hope, for you to give us a little of your love. You will be very
dear to me, Honor—”
She was interrupted by the sweetest and most welcome answer that the
girl for whose affection she was yearning could have made to her; for a pair
of loving arms were suddenly thrown around her aged neck, and Honor, in a
passion of grateful tears, exclaimed:
“How good you are to me! I shall love you very dearly—better than
anybody; and if my father lives, I think I shall be happier, far happier, than I
have ever been before.”
Mrs. Baker was too much engrossed with anxiety for her son’s health,
and with the thought of his approaching interview with Honor, to take much
notice of the latter’s slightly incongruous speech; incongruous, as
proceeding from the lips of a bride little more than three months old, and
whose apparent prospects in life were all that was bright and encouraging.
If, however, the idea struck her that there was perchance a skeleton in the
young wife’s closet, and that all things with her were not what they seemed,
the prudent old lady forbore making any inquiry, direct or indirect, into the
causes not only of Mrs. John Beacham’s burst of grateful sentiment, but of
the implied doubt thrown by that impulsive effusion upon the happiness of
her home. The time, too, which Mrs. Baker had allowed herself for this
trying conversation had more than expired; so, after a long and silent
embrace, the two women rose, and without further preparation on either
side walked slowly together—arm linked in arm, and one, the younger,
feeling very nervous, and not a little bewildered by her novel position—into
Colonel Norcott’s room.
Honor was not much accustomed to the sight of serious illness, so that
the first glimpse which she caught of her father’s face—disfigured as it was
by the blotches of fever, and surmounted by a linen bandage—filled her
with dismay. He was moaning wearily, and evidently wandering in his
mind. No revelations of tangible meaning flowed, (and experience tells us
that such secrets seldom are divulged by the delirious) from the parched lips
of Frederick Norcott. He was (in spirit) miles upon miles, and years upon
years, away from that silent bedroom where two women, one old and the
other young, watched him with anxious care. Away to the haunts of his
giddy desperate youth—away to the scenes in which his living had been
devoured—away to the distant lands where, till the wheel of Fortune turned
for him, he was well-nigh compelled to fill (figuratively speaking, of
course) his belly with the husks which the swine did eat.
For two hours and upwards he lay there tossing restlessly from side to
side, muttering incoherent sentences, and causing Honor more than once as
she bathed his fevered forehead, or held the cooling medicine to his lips, to
blush crimson for the only half-comprehended vileness of her perhaps
dying parent. At the end of those two hours a message—very softly
delivered—came to Honor, with a request from her husband to know what
she was going to do. Would Mrs. John Beacham come out into the passage
and speak to him? John asked; and thus entreated, Honor stole out on tiptoe
to meet the kind-hearted man who had in his feverish anxiety almost
counted the moments of her absence from his side.
CHAPTER XI.