Income Taxation I

Fall 2017

Bogdanski

 

 

INSTRUCTIONS

 

This examination consists of 36 multiple-choice questions (Questions 1 through 36) and two essay questions (Questions 37 and 38). An hour and a half (90 minutes) is recommended for the multiple choice questions, and two hours is recommended for the two essay questions (one hour per essay question).

 

In determining grades, each multiple choice question will count for 1 point, and each essay question will count for 24 points. Therefore, you should budget your time according to the allocation just given. Experience has shown that failure to budget one’s time appropriately can result in a drastic lowering of one’s overall grade on this examination.

 

For the multiple choice questions, you must submit your answers using Examplify. You may write the answers to the essay questions either on Examplify or by hand. If you choose to write the essay answers by hand, you must write them in the bluebook(s) you have been provided, and return the bluebook(s) along with the hard copy of the essay questions.

 

At the end of the exam, all students must return the hard copy of the essay questions in the envelope in which it came. However, no credit will be given for anything written on the hard copy of the essay questions. Only your electronic answer file (and bluebook(s), if any) will be graded.

 

For the multiple choice questions, choose the best answer to each question posed. Choose one, and only one, answer to each question. Although an incorrect answer earns no credit, there is no penalty for an incorrect answer on the multiple choice questions, so it is in your interest to answer every question, guessing if necessary.

 

In the essay questions, pay close attention to the final portion, or “call,” of each question. Failure to respond to the matters called for will result in a low score for the question. On the other hand, discussion of matters outside the scope of the call of the question will not receive credit. In your essays, be sure to explain as thoroughly as possible your answers to the questions posed. Your reasoning, discussion, and analysis are often as important as any particular conclusion you reach.

 

Unless otherwise expressly instructed, assume that all taxpayers described in the questions are individuals, and that they report their income on the cash method and the calendar year for federal income tax purposes. Any references to the “Code” mean the Internal Revenue Code of 1986, as amended. For purposes of this examination, assume that none of the tax reform bills recently passed or currently pending in Congress are enacted.

 

 

Question 37

(Suggested time: One Hour)

 

Hallie, a busy physician, earns a large salary. On Hallie’s wedding anniversary, her father, Drew, transfers to Hallie, for no consideration, a house that Drew has been renting out to unrelated tenants. Drew’s adjusted basis in the rental house immediately before the transfer is $200,000.

The fair market value of the property at the time is $400,000, and Drew owns the property free and clear of any mortgages or other liabilities.

Knowing nothing about property management, and never having owned rental property before, Hallie enrolls in a course on the subject at a local college. She pays $2,000 tuition for the course, which begins a few weeks after the transfer of the property from Drew.

Drew informs the tenants of the change in ownership, and they immediately begin paying their rent to Hallie. The annual rent is $8,000 greater than the annual out-of-pocket expenses of owning the property (property taxes, maintenance, repairs, insurance, and utilities), not counting depreciation deductions. The depreciation deduction on the property is $10,000 a year. Hallie pays all of the expenses. She makes no improvements to the property.

Shortly after taking over the rental house, Hallie borrows $20,000 from a bank, Banco. This “equity loan” is secured by a first mortgage on the rental house. Hallie uses the borrowed money to finance a dream vacation for her and her husband. Every month, Hallie pays principal and interest to Banco on this debt.

Two years later, the city government notifies Hallie that it plans to condemn the rental house to make way for a light rail line. After some negotiation, in exchange for the property, the city pays Hallie $425,000 cash. This represents the fair market value of the house at the time of the sale. Hallie uses $18,000 of the cash she receives from the city to pay off the entire remaining balance on the Banco “equity loan.” As a result, the city takes the property free and clear of any mortgages or other liabilities. Weary of the hassles of owning rental real estate, Hallie takes the rest of the cash she receives and invests it in the stock market.

What are the federal income tax consequences to Hallie of each of the transactions and events just discussed, with and without any available elections? Be sure to discuss the amount, timing, and character (ordinary or capital) of each item of income, gain, loss, deduction, or credit, and the basis of Hallie’s property, at each stage of the transactions.

Discuss.

 

 

Question 38

(Suggested time: One Hour)

 

Chelsea is employed as a beautician at Looks, a salon that is owned and operated by a corporation, XYZ. All of the stock of XYZ is owned by Debbie, to whom Chelsea is not related. Chelsea is well regarded at the salon, and one year she wins the “XYZ Employee of the Year” award. The award consists of a fashionable, custom-made wrist watch. Chelsea dreams of opening her own salon some day.

Chelsea is a single parent. She has a three-year-old son, Atticus, who lives with her. Chelsea hires a nanny, Brittany, to watch over Atticus while Chelsea is at work. Chelsea pays Brittany a fee of $700 a month for this service.

XYZ has a company-wide plan under which Chelsea and other employees can designate some of their salaries to be placed in a trust to cover out-of-pocket medical expenses. Chelsea directs that $2,000 a year of her salary be placed into her account under the plan. When Chelsea has out-of-pocket medical expenses, she submits a claim to the plan administrator, and the plan reimburses her for the out-of-pocket expenses up to the $2,000 in the account. Chelsea uses up the full $2,000 every year. Her out-of-pocket medical expenses invariably exceed that amount, however.

One of Looks’ features is a “house call” service whereby its beauticians perform services on location at clients’ homes and businesses. XYZ sometimes requires Chelsea to make these calls, using her own transportation. Chelsea drives her car from the salon to the clients’ homes and businesses to provide manicures. Occasionally this means that Chelsea has to pay for parking near the clients’ locations. Sometimes Chelsea drives back to the salon after her visits to clients; other times, she drives from the clients’ premises directly to her apartment to end her work day. In a typical year, Chelsea drives about 800 miles on these “house calls.” Neither XYZ nor the clients pay Chelsea anything for the use of her car or the parking expense.

XYZ offers the salon clients prepaid services –that is, some clients pay in advance for services, and they receive discounted prices for doing so. XYZ abruptly goes out of business one year, declaring bankruptcy and leaving several unhappy clients who had paid for services that they now have nowhere to go to receive. Ever the optimist, Chelsea sees this as a business opportunity. With a generous gift from her mother and a loan from a family friend, Chelsea refunds to her favorite clients some the lost fees that they had prepaid to XYZ. She then invites these clients to utilize her services in her own salon when she opens it later in the year.

What are the federal income tax consequences to Chelsea of each of the transactions and events just discussed, with and without any available elections? Be sure to discuss the amount, timing, and character (ordinary or capital) of each item of income, gain, loss, deduction, or credit, and the basis of Chelsea’s property, at each stage of the transactions.

Explain.

 

 

(End of examination)

 

Created by: bojack@lclark.edu
Update:  10 Jan 18
Expires:  31 Aug 19