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Chapter I:9
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.
Author: M. E. Braddon
Language: English
BY
M.E. BRADDON
Author of "LADY AUDLEY'S SECRET." Etc.
London
CHAPTER I.
"That small, small, imperceptible
Small talk! that cuts like powdered glass
Ground in Tophana,—who can tell
Where lurks the power the poison has?"
There is the desolation of riches as well as the desolation of poverty
—the empty splendour of a large house in which there is no going
and coming of family life, no sound of light footsteps and youthful
laughter—only spacious rooms and fine furniture, and one solitary
figure moving silently amidst the vacant grandeur. This sense of
desolation, of a melancholy silence and emptiness, came upon Lady
Perivale on her return to the mansion in Grosvenor Square, which
was among the numerous good things of this world that had fallen
into her lap, seven years ago, when she made one of the best
matches of the season.
She had not sold herself to an unloved suitor. She had been
sincerely attached to Sir Hector Perivale, and had sincerely mourned
him when, after two years of domestic happiness, he died suddenly,
in the prime of life, from the consequences of a chill caught on his
grouse moor in Argyleshire, where he and his young wife, and a few
chosen pals, made life a perpetual picnic, and knew no enemy but
foul weather.
This time the enemy was Death. A neglected cold turned to
pneumonia, and Grace Perivale was a widow.
"It does seem hard lines," whispered Hector, when he knew that he
was doomed. "We have had such a good time, Grace; and it's rough
on me to leave you."
No child had been born of that happy union, and Grace found herself
alone in the world at one and twenty, in full possession of her
husband's fortune, which was princely, even according to the modern
standard by which incomes are measured—a fortune lying chiefly
underground, in Durham coalfields, secure from change as the earth
itself, and only subject to temporary diminution from strikes, or bad
times. She needed a steady brain to deal with such large
responsibilities, for she had not been born or reared among the
affluent classes. In her father's East Anglian Rectory the main
philosophy of life had been to do without things.
Her husband had none but distant relations, whom he had kept at a
distance; so there were no interfering brothers or sisters, no prying
aunts or officious uncles to worry her with good advice. She stood
alone, with a castle on the Scottish border, round whose turrets the
seamews wheeled, and at whose base the German Ocean rolled in
menacing grandeur, one of the finest houses in Grosvenor Square,
and an income that was described by her friends and the gossiping
Press at anything you like between twenty and fifty thousand a year.
So rich, so much alone, Lady Perivale was naturally capricious. One
of her caprices was to hate her castle in Northumberland, and to love
a hill-side villa on the Italian Riviera, two or three miles from a small
seaport, little known to travellers, save as a ragged line of
dilapidated white houses straggling along the sea front, past which
the Mediterranean express carried them, indifferent and
unobservant, on their journey between Marseilles and Genoa.
It was Lady Perivale's whim to spend her winters in a spot unknown
to Rumpelmeyer and fashion—a spot where smart frocks were out of
place; where royalty-worship was impossible, since not the smallest
princeling had ever been heard of there; and where for the joy of life
one had only the sapphire sea and the silvery grey of the olive
woods, perpetual roses, a lawn carpeted with anemones, sloping
banks covered with carnations, palms, and aloes, orange and lemon
trees, hedges of pale pink geranium, walls tapestried with the dark
crimson of the Bougainvilliers, the delicate mauve of the wistaria;
and balmy winds which brought the scent of the flowers and the
breath of the sea through the open windows.
Lady Perivale came back to London in April, when the flower-girls
were selling bunches of purple lilac, and Bond Street seemed as full
of lemon-coloured carriages and picture-hats as if it were June. It
was the pleasant season after Easter, the season of warm sunshine
and cold winds, when some people wore sables and others wore
lace, the season of bals blancs and friendly dinners, before the May
Drawing Room and the first State concert, before the great
entertainments which were to be landmarks in the history of the year.
How empty the three drawing-rooms looked, in a perspective of
white and gold; how black and dismal the trees in the square, as
Grace Perivale stood at one of the front windows, looking out at the
smooth lawns and well-kept shrubbery, in the pale English sunlight.
She thought of the ineffable blue of the Mediterranean, the grey and
green and gold and purple of the olive wood, and the orange and
lemon grove sloping down to the sea from her verandah, where the
Safrano roses hung like a curtain of pale yellow blossom over the
rustic roof.
"And yet there are people who like London better than Italy," she
thought.
Two footmen came in with the tables for tea.
"In the little drawing-room," she said, waving them away from the
accustomed spot.
The spaciousness of the room chilled her. The Louis Seize furniture
was all white and gold and silvery blue—not too much gold. An adept
in the furniture art had made the scheme of colour, had chosen the
pale blues and greys of the Aubusson carpet, the silvery sheen of
the satin curtains and sofa-covers. It was all pale and delicate, and
intensely cold.
"My letters?" she asked, when the men were retiring.
She had slept at Dover, and had come to London by an afternoon
train. She liked even the hotel at Dover better than this great house
in Grosvenor Square. There she had at least the sea to look at, and
not this splendid loneliness.
"Well," she thought, with a long-drawn sigh, "I must plunge into the
vortex again, another mill-round of lunches and dinners, theatres and
dances, park and Princes', Ranelagh and Hurlingham—the same
things over and over and over and over again. But, after all, I enjoy
the nonsense while I am in it, enjoy it just as much as the other
people do. We all go dancing round the fashionable maypole, in and
out, left hand here, right hand there, smiling, smiling, smiling, and
quite satisfied while it lasts. We only pretend to be bored."
The little drawing-room—twenty feet by fifteen—looked almost
comfortable. There was a bright fire in the low grate, reflected
dazzlingly in turquoise tiles, and the old-fashioned bow window was
filled with a bank of flowers, which shut out the view of the chimneys
and the great glass roof over the stable-yard.
Lady Perivale sank into one of her favourite chairs, and poured out a
cup of tea.
"Toujours cet azur banal," she said to herself, as she looked at the
pale blue china, remembering a line of Coppée's. "Poor Hector
chose this turquoise because he thought it suited my complexion,
but how ghastly it will make me look when I am old—to be
surrounded by a child-like prettiness—vouée au bleu, like a good
little French Catholic!"
The butler came in with her letters. Three, on a silver salver that
looked much too large for them.
"These cannot possibly be all, Johnson," she said; "Mrs. Barnes
must have the rest."
"Mrs. Barnes says these are all the letters, my lady."
"All! There must be some mistake. You had better ask the other
servants."
Her butler and her maid had been with her in Italy—no one else; the
butler, elderly and devoted, a man who had grown up in the Perivale
family; her maid, also devoted, a native of her father's parish, whom
she had taught as a child in the Sunday school, when scarcely more
than a child herself, not a very accomplished attendant for a woman
of fashion, but for a parson's daughter, who wore her own hair and
her own eyebrows, the country-bred girl was handy enough, nature
having gifted her with brains and fingers that enabled her to cope
with the complicated fastenings of modern frocks, changing every
season.
Lady Perivale's letters had been accumulating for nearly a fortnight,
and her intended arrival in London had been announced in the
Times and a score of papers. She expected a mountain of letters
and invitations, such as had always greeted her return to civilization.
Of the three letters, two were circulars from fashionable milliners.
The third was from her old friend and singing mistress, Susan
Rodney:—
"So glad you are coming back to town, my dear Grace. I shall
call in Grosvenor Square on Wednesday afternoon on the
chance of finding you.
"Ever yours affectionately,
"Sue."
CHAPTER II.
"How blest he names, in love's familiar tone,
The kind fair friend by nature marked his own;
And, in the waveless mirror of his mind,
Views the fleet years of pleasure left behind,
Since when her empire o'er his heart began—
Since first he called her his before the holy man."
It was not often in the London season that Lady Perivale could taste
the pleasures of solitude, a long evening by her own fireside,
unbroken by letters, messages, telegrams, sudden inroads of friends
breaking in upon her at eleven o'clock, between a dinner and a
dance, wanting to know why she had not been at the dinner, and
whether she was going to the dance, or dances, of the evening, what
accident or caprice had eclipsed their star. But on this night of her
return the visitor's bell sounded no more after Susan Rodney left her.
The quiet of her house was so strange a thing that it almost scared
her.
"I begin to understand what a leper must feel in his cavern in the
wilderness," she said to herself with a laugh. "The thing is almost
tragic, and yet so utterly absurd. It is tragic to discover what society
friendships are made of—ropes of sand that fly away with the first
wind that blows unkindly."
She pretended to dine, for the servants might have heard of the
scandal, and she did not want them to think her crushed by
unmerited slights. They, of course, knew the truth, since she had two
witnesses among them to prove an alibi, Johnson the butler, and her
devoted maid, Emily Scott.
She did not know that the first footman and the cook had both
laughed off Johnson's indignant statement that his mistress had
never left Porto Maurizio.
"You're not the man to give her away if she had gone off for a bit of a
scamper. You and Miss Scott would look the other way when her
boxes were being labelled."
"And she'd take a courier maid instead of Emily," said the cook.
"After all, it's only finn der seecle."
"Why don't she marry him, and ha' done with it?" said the footman.
Butler and maid were goaded into a fury by talk of this kind, and it
was only the force of esprit de corps, and the fact that James was six
foot one, and a first rate plate-cleaner, that prevented Mr. Johnson
sacking him on the instant.
"Did you ever know me tell a lie?" he asked indignantly.
"Or me?" sobbed Emily.
"Not on your own account," said the cook; "but you'd tell a good big
one to screen your mistress."
"And so I might perhaps," said the girl, "if she wanted screening; but
she don't, and, what's more, she never will."
"Well, all I can say is it's all over London," said James, "and it's made
it very unpleasant for me at the Feathers, for, of course, I stand up
for my lady in public, and swear it's a pack of lies. But here we're
tiled in, and I'm free to confess I don't believe in smoke without fire."
They went on wrangling till bedtime, while Grace sat by the fire in the
little drawing-room with her brown poodle lying on the lace flounces
of her tea-gown, and tried to read.
She tried book after book, Meredith, Hardy, Browning, Anatole
France, taking the volumes at random from a whirligig book-stand,
twisting the stand about impatiently to find a book that would calm
her agitation, and beguile her thoughts into a new channel. But
literature was no use to her tonight.
"I see it is only happy people who can read," she thought. She
opened no more books, and let her mind work as it would. There had
been sorrows in her life, deep and lasting sorrow, in the early death
of a husband to whom she had been fondly attached, and in the
previous loss of a father she had adored. But in spite of these
losses, which had darkened her sky for a long time, her life had been
happy; she had a happy disposition, the capacity for enjoyment, the
love of all that was bright and beautiful in the world, art, music,
flowers, scenery, horses, dogs—and even people. She loved
travelling, she loved the gaiety of a London season, she loved the
quiet of her Italian villa. Her childhood had been spent in a rustic
solitude, and all her girlish pleasures had been of the simplest. The
only child of a father who had done with the world when he read the
burial service over his young wife, and who had lived in almost
unbroken retirement in an East Anglian Rectory. He was a student,
and could afford a curate to take the burden of parish work, in a
sparsely populated parish, where distance, not numbers, had to be
considered. He kept good horses, mounted his curate, and drove or
rode about among his flock, and was beloved even by the roughest
of them.
That girl-child was the one human thing he had to love, and he
lavished love upon her. He taught her, trained her to appreciate all
that is best in literature, yet kept her simple as a child, and thought of
her as if she were still a child after her eighteenth birthday, and so
was taken by surprise when Sir Hector Perivale, who had met her at
friendly parties in the neighbourhood, came to him at the end of the
shooting season, and asked to be accepted as her future husband.
He had offered himself to Grace, and Grace had not said no. Grace
had allowed him to call upon the rector.
Mr. Mallandine looked up from his book like a man in a dream.
"Marry my Grace!" he cried. "Why, she has hardly done with her
dolls. It seems only yesterday she was sitting on the carpet over