NAME____________________________ ACC 460 EXAM 1 SPRING 2010 I. TRUE/FALSE 10______ II. MULTIPLE CHOICE 30______ III. SHORT PROBLEMS 60______ TOTAL 100_____ I. TRUE/FALSE. ENTER YOUR ANSWERS AT THE BOTTOM OF THIS PAGE. 1. Proposed Regulations carry less weight than Temporary Regulations. 2. For tax planning purposes, the average tax rate is a more important factor than the marginal tax rate. 3. A Limited Liability Company (LLC) pays income taxes at the same rates as regular (C) corporations. 4. The maximum tax rate that a regular (C) corporation pays on a long-term capital gain is 15%. 5. The CCH Federal Tax Consultant is considered to be a primary source of the tax law. 6. Max is the sole shareholder of a corporation. In 2009, the corporation sold a capital asset for a loss of $15,000. Max can elect to report the capital loss on his individual income tax return for 2009. 7. Sierra is a cash basis attorney. In 2009, she performed services in connection with the formation of a corporation and received stock with a value of $10,000 for her services. By the end of the year, the value of the stock had increased to $14,000. She continued to hold the stock. Sierra must recognize $14,000 of gross income from the stock for 2009. 8. Lonnie owns and actively participates in the operations of an apartment building which produces a $20,000 loss during the year. He has AGI of $500,000 from an active business. He may deduct all of the loss. 9. Mohawk Company purchased a $3 million life insurance policy on the company's chief executive officer, Maverick. After the company had paid $300,000 in premiums, Maverick died and the company collected the $3 million face amount of the policy. Mohawk Company must include $2,700,000 ($3,000,000 - $300,000) in gross income. 10. If the IRS issues a nonacquiescence to a Tax Court opinion, it means that the IRS lost the case and agrees not to contest the issue in the future. ANSWERS TO TRUE/FALSE QUESTIONS. PLEASE ENTER “TRUE” OR “FALSE” (rather than “T” or “F”) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. MULTIPLE CHOICE. Please write the letter corresponding to your answer in the space provided at the end of the multiple choice questions. 1. Grizzly Corporation, a regular C corporation, reported the following information for the year: Gross revenues $150,000 Business deductions 80,000 Business tax credits 2,000 Dividends paid 10,000 What is Grizzly’s net tax liability for the year? A. $10,500 B. $12,500 C. $11,250 D. $8,000 2. Uncle Joe has made annual gifts of $25,000 to each of his nephews and nieces for many years. During 2009, Sally (a niece) received one of these $25,000 gifts. Which of the following statements is true? A. Uncle Joe is liable for any gift tax on the gift. B. Sally is liable for any gift tax on the gift. C. Sally must report the gift as gross income for income tax purposes. D. No tax of any kind would be due, as the gift is below the annual exclusion amount for 2009. 3. A. B. C. D. Which of the following is a tax minimization strategy? Changing the character of income and expense. Shifting tax liability across time. Shifting tax liability between entities. All of the above are tax minimization strategies. 4. A. B. C. D. If these citations appeared after a trial court decision, which one means that the decision was upheld? Rev’d. 98-1 USTC ¶9861 (CA-8, 1998). Acq. 98-1 USTC ¶9861 (CA-8, 1998). Aff’d. 98-1 USTC ¶9861 (CA-8, 1998). Rem’d. 98-1 USTC ¶9861 (CA-8, 1998). 5. A limited liability company for Federal income tax purposes is tax as a(an): A. S corporation B. Partnership C. C corporation D. Trust 6. Iris, a widow, elected to receive the proceeds of a $100,000 face value life insurance policy on the life of her deceased husband in annual installments of $12,500 over the remainder of her life, estimated to be 10 years. A. None of the payments received are included in gross income because their source is the life insurance policy. B. All of the payments are included in Iris’s gross income because she paid nothing for the right to receive the payments. C. Iris will not recognize income until the 9th year, after she has recovered her investment. D. Iris must include $2,500 in gross income each year for the first 10 years she collects on the policy. 7. A. B. C. D. Which of the following courts has the highest tax authority? U.S. Court of Federal Claims. U.S. District Court. U.S. Court of Appeals of the 9th Circuit. U.S. Tax Court. 8. Kathy’s income from her investments for the current year was as follows: Gain on the sale of Coconino County school bonds $3,000 Interest received on Coconino County school bonds 8,000 Interest received on U.S. Treasury notes 4,000 Total $15,000 Kathy’s gross income from the above is: A. $15,000 B. $12,000 C. $7,000 D. $3,000 9. During the year, Kim sold the following assets: business auto for a $1,000 loss, stock investment for a $1,000 loss, and pleasure yacht for a $1,000 loss. Presuming adequate income, how much of these losses may Kim claim? A. $0 B. $1,000 C. $2,000 D. $3,000 10. Bill sold stock with a cost basis of $15,000 to his son, Bob, for $10,000 (the FMV of the stock) in January 2007. In December 2007, Bob sold the same stock to an unrelated party for $17,000. What amounts What are Bill’s and Bob’s reportable gains (losses) in 2007 with respect to these transactions? Bill Bob A. ($5,000) $7,000 B. $-0$2,000 C. $2,000 $-0D. $-0$7,000 11. In 2009, Lena invested $80,000 for a 20% partnership interest in an activity in which she is a material participant. The partnership reported losses of $300,000 in 2009 and $150,000 in 2010. Lena’s share of the partnership’s losses was $60,000 in 2009 and $30,000 in 2010. How much of the losses from the partnership can Lena deduct in 2009 and 2010? 2009 2010 A. $60,000 $20,000 B. $60,000 $30,000 C. $ -0$ -0D. $60,000 $ -0- 12. Stan, a computer lab manager, earns a salary of $80,000 and receives $25,000 in dividends and interest during the year. In addition, he invests $55,000 in a passive activity investment in which he incurs a loss of $40,000. What is Stan’s adjusted gross income for this year? A. $65,000 B. $70,000 C. $80,000 D. $105,000 13. In the current year, Blue Company donated some stock it had owned for several years to NAU. Blue originally purchased the stock for $15,000, and it was worth $25,000 on the contribution date. Blue’s taxable income for the current year (before considering the contribution) is $220,000. What is the deductible amount of Blue’s contribution? A. $15,000. B. $20,000. C. $22,000. D. $25,000. 14. During the current year, Ms. Venture sold her interests in two small business corporations (§1244 stock). Her loss on Corp. X stock was $60,000, and her loss on Corp. Y stock was $20,000. Ms. Venture files as a single individual. What are the amount and the character of Ms. Venture’s loss to be reported on her return for the current year? A. $80,000 ordinary; $0 capital. B. $70,000 ordinary; $10,000 capital. C. $50,000 ordinary; $30,000 capital. D. $0 ordinary; $80,000 capital. 15. Which of the following would NOT be treated as a passive activity for purposes of the passive activity loss limitations? A. Sam is a limited partner in a partnership. B. Sue is a member in a limited liability company (LLC) and materially participates in the business. C. Sally is an owner in an S corporation, but does not participate in the business. D. All of the above are passive activities. ANSWERS TO MULTIPLE CHOICE QUESTIONS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. SHORT-ANSWER QUESTIONS 1. (6 pts) Joe and Ann are married and file a joint return. They expect to have a taxable income of $180,000 for the next few years and are contemplating investing $10,000 in either (a) a 9% corporate bond, or (b) a 6% municipal (tax-exempt) bond. Assuming the bonds are equivalent in all other respects, which should they choose? Explain your answer with computations. 2. (4 pts.) Jane owns 1,000 shares of KL common stock with a basis of $30,000. During the year, Jane receives a 5% common stock dividend (50 shares) when the fair market value of the stock was $50 per share. (There was no shareholder election to take cash instead of the stock.) a. How much income does Jane recognize from the stock dividend?_______________ b. What is her per share basis in the 50 new shares?___________________ 3. (4 pts.)Kay owns stock in HAL Co. and participates in HAL’s dividend reinvestment plan, under which dividends are automatically reinvested in additional HAL common stock. In the current year, Kay receives five (5) shares under the plan, resulting from a $100 dividend reinvestment. a. How much income does Jane recognize from the reinvestment plan?_______________ b. What is her per share basis in the 5 new shares?___________________ 4. (9 pts.) Terri has a 50% ownership in a business for which her basis is $500,000. During 2009 the business earns a profit of $120,000 and makes a cash distribution (none of which relates to compensation) to Terri amounting to $20,000. How do these transactions affect Terri’s 2009 individual tax return (i.e., how much of the profit and/or distribution does Terri report as income on her individual tax return), under the following entity forms: Entity C corporation S corporation Partnership Taxable Amount to be Reported by Terri 5. (4 pts) During the year, Alice made the following gifts to her son, Jack: October 31, a $10,000 (face amount) corporate bond. Six percent (6%) interest (i.e., $600) was payable on the bond each December 31. November 30, 100 shares of ABC common stock. On November 29, a dividend had been declared on the stock to be payable on December 10 to stockholders of record as of December 30. (The amount of the dividend is $1,000.) Required: For each of the three receipts, determine how much income Alice and/or Jack would report for the year. ITEM $600 of interest on the corporate bond $1,000 of dividends on the stock ALICE JACK 6. (8 pts.)On October 1, 2009, Beta Corporation received $6,000 in prepaid rent for the next 6 months (10/1/09 3/31/10 period), and $36,000 in prepaid services for the next 18 months (10/1/09 - 3/31/11 period). Assuming that all amounts are earned ratably over the contract period (i.e., $1,000 per month for the rent, and $2,000 per month for the services), how much gross income does Beta report from these prepayments in 2009 and 2010 under (1) the cash method, and (2) the accrual method? Cash Method Type of Income Rental Income 2009 2010 Accrual Method 2009 2010 Service Income 7. (4 pts.) Flag Corporation began operations in 2005 as a calendar year, accrual-basis C corporation. Flag’s taxable income (loss) for 2005-2009 are below: 2005 $125,000 2006 125,000 2007 50,000 2008 35,000 2009 (150,000) Under the 2009 tax act, taxpayers may choose to use the normal NOL carryback provision (2 years), or elect to carry a 2009 NOL back for either 3, 4, or 5 years. Assuming that Flag’s owners wish to utilize the 2009 NOL immediately (i.e., will use the carryback provision), should it elect to carryback the 2009 NOL to 2007, 2006, or 2005 (i.e., 2, 3, or 4 year election)? Explain your answer. 8. (8 pts.) Nick is choosing between two alternative investments, each of which will require a $100,000 initial outlay. Determine the present value of the after-tax cash flows from the two investments described below. Assume the following in your computations: Nick is in the 33% marginal bracket; 6% discount rate (present value interest factors are provided under the tax schedules); All tax payments occur at the end of the year. Investment A is an annuity that will pay $35,000 at the end of each year for 4 years. (Note that only $10,000 of each annual payment is considered ordinary interest income.) Investment B is a stock investment that is expected to be sold at the end of 4 years for $130,000. 9. (13 pts) Jane files as a single individual in 2009. She has wage income of $150,000; long-term capital gains of $20,000; short-term capital losses of $8,000; credits of $2,500; deductions for AGI (Adjusted Gross Income) of $10,000; itemized deductions of $16,000; and estimated tax payments and withholding of $25,000; applicable standard deduction of $5,700; and a personal exemption of $3,650. Using the appropriate tax schedule, compute her tax due or refund. [Note – for credit, you must show and label all calculations, including the AGI, Taxable Income, and Tax Liability amounts.] 2009 TAX RATE SCHEDULE - CORPORATIONS TAXABLE INCOME OVER: $0 50,000 75,000 100,000 335,000 10,000,000 15,000,000 18,333,333 BUT NOT OVER: $50,000 75,000 100,000 335,000 10,000,000 15,000,000 18,333,333 ----- TAX IS $0 7,500 13,750 22,250 113,900 3,400,000 5,150,000 6,416,667 PLUS THIS % 15% 25% 34% 39% 34% 35% 38% 35% OF TAXABLE INCOME OVER: $0 50,000 75,000 100,000 335,000 10,000,000 15,000,000 18,333,333 2009 TAX RATE SCHEDULES FOR INDIVIDUALS TAXABLE INCOME OVER: $ 0 8,350 33,950 82,250 171,550 372,950 TAXABLE INCOME OVER: $ 0 16,700 67,900 137,050 208,850 372,950 BUT NOT OVER: $ 8,350 33,950 82,250 171,550 372,950 ………… SINGLE TAX IS $ 0 835.00 4,675.00 16,750.00 41,754.00 108,216.00 PLUS THIS % 10% 15% 25% 28% 33% 35% OF TAXABLE INCOME OVER: $ 0 8,350 33,950 82,250 171,550 372,950 MARRIED FILING JOINTLY / SURVIVING SPOUSE BUT NOT OVER: TAX IS PLUS THIS % OF TAXABLE INCOME OVER: $ 16,700 $ 0 10% $ 0 67,900 1,670.00 15% 16,700 137,050 9,350.00 25% 67,900 208,850 26,637.50 28% 137,050 372,950 46,741.50 33% 208,850 ………… 100,894.50 35% 372,950 Present Value Factors: 6% N Single Ord. Sum Annuity 1 0.943 0.943 2 0.890 1.833 3 0.840 2.673 4 0.792 3.465