You are on page 1of 35

South-Western Federal Taxation 2016

Essentials of Taxation Individuals and


Business Entities 19th Edition Raabe Solution
Manual
Full download at link:

Solution Manual: https://testbankpack.com/p/solution-manual-for-


south-western-federal-taxation-2016-essentials-of-taxation-individuals-
and-business-entities-19th-edition-raabe-maloney-young-smith-nellen-
1305395301-9781305395305/

Test Bank: https://testbankpack.com/p/test-bank-for-south-western-


federal-taxation-2016-essentials-of-taxation-individuals-and-business-
entities-19th-edition-raabe-maloney-young-smith-nellen-1305395301-
9781305395305/

CHAPTER 6

LOSSES AND LOSS LIMITATIONS

SOLUTIONS TO PROBLEM MATERIALS

COMPUTATIONAL EXERCISES

1. (LO 1) Jane must include the $10,000 in gross income of the current tax year, but only to the extent of the
tax benefit in the previous year. Because Jane had capital gains of $5,000 in the previous year, the $50,000
bad debt could be used to the extent of $8,000 ($5,000 + $3,000) last year. Hence, Jane would have to
include $8,000 of the $10,000 received in gross income in the current year.

2. (LO 1) Bob has no bad debt deduction. Rather, he has a gain of $12,000 [$60,000 − $48,000 (basis in
the account receivable)].

3. (LO 2) It is possible to receive an ordinary loss deduction if the loss is sustained on small business
stock (§ 1244 stock). Only individuals who acquired the stock from the corporation are eligible to
receive ordinary loss treatment under § 1244. The ordinary loss treatment is limited to $50,000

6-1
© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-2 2016 Essentials of Taxation/Solutions Manual

($100,000 for married individuals filing jointly) per year. Losses on § 1244 stock in excess of the
statutory limits receive capital loss treatment.

Therefore, Calvin’s total loss of $61,750 ($68,750 − $7,000) is treated as follows: $50,000 is ordinary
loss and the remaining $11,750 ($61,750 − $50,000) is long-term capital loss.

4. (LO 3) Mary should include the recovery as gross income in her 2015 tax return, but only to the extent of
the tax benefit in the prior year. Mary’s deduction in the prior year would have been $3,900 computed as
follows:

Amount of loss $ 8,000


Less: $100 floor (100)
10%  40,000 (4,000)
Deduction $ 3,900

Therefore, Mary must include $3,900 in gross income in 2015.

5. (LO 3) The amount of the loss is $600,000, the lesser of the decline in FMV $600,000 ($800,000 −
$200,000) or basis of $650,000.

6. (LO 6)
Beginning at-risk amount $ 0
Investment in partnership 30,000
Plus: Share of current partnership taxable income 2,000
Less: Withdrawals from the partnership (10,000)
Ending at-risk amount $22,000

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-3

7. (LO 6)
Amount realized $330,000
Less: Adjusted basis (305,000)
Total gain $ 25,000
Less: Suspended losses (28,000)
Deductible loss (not passive) ($ 3,000)

The $3,000 loss may be deducted against ordinary and portfolio income.

8. (LO 8)
a. Beginning adjusted basis and at-risk amount $ 7,500
Less: Current loss allowable (7,500)
Ending adjusted basis and at-risk amount $ 0

b. The current passive loss is $12,000. Because $7,500 of the loss is used to reduce the at-risk
amount to $0, $4,500 is suspended under the at-risk rules ($12,000 − $7,500 = $4,500).

c. The $7,500 loss that is not limited by the at-risk rules is subject to the passive loss rules.
Because the taxpayer has not generated any passive income during the year, this $7,500 current-
year passive loss is suspended. Therefore, the total suspended passive loss carried forward to
subsequent years totals $9,000 ($7,500 current-year suspended loss + $1,500 prior year
suspended loss).

9. (LO 9)
Passive income $ 20,000
Real estate rental activity income $ 33,000
Less: Real estate rental activity losses (70,000)
Net loss from real estate rental activities (37,000)
Deductible loss ($ 17,000)

Because the losses arise from real estate rental activities in which Noah actively participates, up to
$25,000 of such losses may be deducted. In this case, the total amount of net real estate rental losses is
deducted, and no further restrictions apply because his AGI is below $100,000. The $17,000 deductible
loss may offset active and portfolio income.

10. (LO 10) When a transfer of a taxpayer’s interest occurs because of the taxpayer’s death, suspended
passive losses are allowed to the decedent to the extent they exceed the amount of the allowed step-up
in basis. At the time of Rose’s death, the property’s basis will be stepped up by $25,000—from $65,000
to its fair market value of $90,000. Because the suspended passive loss is $13,000 (i.e., below the
$25,000 step up in basis), none of the suspended loss is deductible. In addition, the beneficiary would
not be allowed to deduct the $13,000 suspended loss.

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-4 2016 Essentials of Taxation/Solutions Manual

PROBLEMS

11. (LO 1) Raabe, Maloney, Young, Smith, & Nellen, CPAs


5191 Natorp Boulevard
Mason, OH 45040
January 29, 2016
Loon Finance Company
100 Tyler Lane
Erie, PA 16563
Dear Sir:
This letter is to inform you of the possibility of taking a bad debt deduction.
Your loan to Sara is a business bad debt; therefore, you are allowed to take a bad debt deduction for
partial worthlessness. You will be able to take a bad debt deduction in the current year of $25,000
[($30,000 − $1,000) − $4,000].
Should you need more information or need to clarify anything, please contact me.
Sincerely,
John J. Jones, CPA
Partner

TAX FILE MEMORANDUM


Date: January 29, 2016
From: John J. Jones
Subject: Bad Debt Deduction
Loon Finance Company’s $30,000 loan to Sara is a business bad debt. Therefore, a bad debt deduction
is allowed for partial worthlessness. Loon will be able to claim a bad debt deduction in the current year
of $25,000 [($30,000 − $1,000) − $4,000].
12. (LO 1) Monty must include up to $10,000 in gross income, but only to the extent of a tax benefit in a
prior year. Because the debt is a nonbusiness bad debt, the $11,000 would have been reported as a short-
term capital loss. Last year, Monty had capital gains of $4,000 and taxable income of $20,000.
Therefore, $7,000 of the $11,000 loss produced a tax benefit. Hence, only $7,000 would be included in
Monty’s gross income this year.

13. (LO 2) Jack should be concerned with the following issues:


• Should this be treated as a worthless security?
• Should this be treated as a theft loss?
o Does the theft loss create an NOL?
o Can the NOL be carried back three years?
14. (LO 1) Worthless debts arising from unpaid wages are not deductible as a bad debt unless the taxpayer
has included the amount in income for the year for which the bad debt is deducted or for a prior tax
year. Jake used the cash method of reporting income. Therefore, fees for services by Jake that allegedly
were owed by the City have never been included in income, and unpaid amounts, even if earned, do

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-5

not constitute bad debts within the meaning of §166 for which a deduction for worthlessness may be
claimed.
15. (LO 1, 2)
Salary $120,000
§ 1244 ordinary loss (limit of $100,000) (100,000)
Short-term capital gain on § 1244 stock $ 20,000
Short-term capital loss (nonbusiness bad debt) (19,000)
Net short-term capital gain 1,000
Net long-term capital loss (remaining § 1244 loss) (5,000)
Net capital loss (limited to $3,000; $1,000 LTCL carryover) (3,000)
Adjusted gross income $ 17,000

16. (LO 2) Sell all of the stock in the current year:


Current year’s AGI
Salary $ 80,000
Ordinary loss (§ 1244 limit) (50,000)
Long-term capital gain $ 8,000
Long-term capital loss ($80,000 − $50,000) (30,000)
Long-term capital loss (limited to $3,000; $19,000 LTCL carryover) (3,000)
AGI $ 27,000
Next year’s AGI
Salary $ 90,000
Long-term capital gain $ 10,000
Long-term capital loss carryover ($30,000 − $11,000) (19,000)
Long-term capital loss (limited to $3,000; $6,000 LTCL carryover) (3,000)
AGI $ 87,000
Total AGI
Current year $ 27,000
Next year 87,000
Total $114,000
Sell half of the stock this year and half next year:

Current year’s AGI


Salary $ 80,000
Ordinary loss (§ 1244 stock) (40,000)
Long-term capital gain 8,000
AGI $ 48,000
Next year’s AGI
Salary $ 90,000
Ordinary loss (§ 1244 stock) (40,000)
Long-term capital gain 10,000
AGI $ 60,000
Total AGI
Current year $ 48,000
Next year 60,000
Total $108,000
Mary’s combined AGI for the two years is lower if she sells half of her § 1244 stock this year and half
next year.

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-6 2016 Essentials of Taxation/Solutions Manual

17. (LO 3) The amount of the loss before the 10%-of-AGI limitation is computed as follows:

Home ($350,000 − $280,000) $70,000


Auto ($30,000 − $20,000) 10,000
Total loss $80,000
Less: $100 (100)
Loss before 10% of AGI $79,900

Because the President declared the area a disaster area, Olaf and Anna could claim the loss on last
year’s return (2014) or on the current year’s return (2015).

Amount of loss on last year’s return:


Loss $ 79,900
Less: 10% of AGI (10%  $180,000) (18,000)
Total loss $ 61,900

Amount of loss on current year’s return:


Loss $ 79,900
Less: 10% of AGI (10%  $300,000) (30,000)
Total loss $ 49,900

If Olaf and Anna apply the loss to 2014, the benefit of the loss will be at a rate of 25% because taxable
income will be $78,100 ($140,000 − $61,900) and the loss falls entirely within the 25% tax bracket. If
the loss is applied to 2015, the benefit will be at a rate of 28% because taxable income will be $165,100
($215,000 − $49,900) and the loss falls entirely within the 28% tax bracket. The tax savings will be
$15,475 (25%  $61,900) if the loss is taken in 2014 and $13,972 (28%  $49,900) if the loss is taken
in 2015. Therefore, Olaf and Anna should include the loss on their 2014 return, because the tax savings
is $1,503 ($15,475 − $13,972) greater.

18. (LO 3) The tax issues for John are as follows:

• Is the loss a theft loss or an investment loss?

• Is the loss subject to either the personal loss limits ($100 floor and 10%-of-AGI floor) or the limits
on itemized deductions (2%-of-AGI floor)?

• How is the amount of the loss determined?

• What year can the loss be taken?

19. (LO 4)
a. Business receipts $ 144,000
Less: Business expenses (180,000)
Net business loss ($ 36,000)
Alimony received 22,000
Interest income 3,000
Adjusted gross income ($ 11,000)
Less: Itemized deductions (24,000)
Personal and dependency exemptions (3 × $4,000) (12,000)
Taxable income ($ 47,000)

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-7

b. Taxable income ($ 47,000)


Add: Personal and dependency exemptions 12,000
Excess of nonbusiness deductions ($24,000)
over nonbusiness income ($3,000 + $22,000) –0–
NOL ($ 35,000)

In calculating the NOL, the alimony received of $22,000 is not treated as business income.

20. (LO 6) The at-risk rules limit Fred’s deductions. He can deduct $35,000 in 2014, thereby reducing his
at-risk amount to $15,000 ($50,000 original investment − $35,000 deducted). He will be limited to a
$15,000 deduction in 2015 unless he increases his amount at risk. Fred’s share of the partnership losses
is not subject to the passive loss restrictions because his interest is not a passive activity.

21. (LO 6) Raabe, Maloney, Young, Smith, & Nellen, CPAs


5191 Natorp Boulevard
Mason, OH 45040
November 4, 2015
Mr. Bill Parker
54 Oak Drive
St. Paul, MN 55164

Dear Mr. Parker:


This letter is in response to your inquiry regarding the tax treatment of losses that you could expect this
year and next year from an investment in Best Choice Partnership. As I understand the facts, you would
invest $60,000 in the partnership with the expectation that your share of the partnership losses in the
current and succeeding years would be $40,000 and $25,000, respectively.
Even though your investment would not be subject to the passive activity limitations, the amount of the
deduction that you may claim in any one year is subject to the at-risk rules. Essentially, these rules
provide that your deductions are limited to the amount that you have invested in the venture or the
amount that you could lose if the investment were to be unsuccessful. Consequently, in your case, the
initial amount that you would have at risk would be $60,000. Therefore, you would be able to deduct
$40,000 in the current year, which would cause your at-risk basis to be reduced to $20,000 ($60,000 −
$40,000). Because your at-risk basis at the end of next year would be only $20,000, your share of the
partnership loss that would be deductible would be limited to $20,000. The amount not deducted under
this scenario would be deductible later when your at-risk basis increases, for example, by additional
investments you may make in the partnership or because of income generated by the partnership.

If you have additional questions or need further clarification, please call me.
Sincerely,
John J. Jones, CPA

22. (LO 6) In 2014, Kay cannot deduct any of the passive loss because of the impact of the passive loss
rules (she has no passive income). The $35,000 loss is suspended and carried forward to 2015, where
$15,000 is deducted. After $15,000 is deducted, the remaining $20,000 of the 2014 passive loss remains
suspended.

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-8 2016 Essentials of Taxation/Solutions Manual

23. (LO 6)
If Activity A is sold in the current year, the following results:

Gain from Activity A $115,000


Less: Suspended losses from Activity B
($35,000 + $35,000 + $8,000) (78,000)
Taxable gain $ 37,000
Federal income tax (at 28%) $ 10,360

In addition, the $30,000 loss (and the corresponding tax benefit of $8,400) from Activity B expected to
be incurred next year would be suspended until passive income is generated. The prospects of gaining
the use of the tax benefit at this time are nil.

If Activity A is sold next year, the following results:


Gain from Activity A $108,000
Less: Suspended losses from Activity B
($35,000 + $35,000 + $8,000 + $30,000) (108,000)
Taxable gain $ –0–
Tax (at 28%) $ –0–

Therefore, by deferring the sale until next year, Jorge is able to avoid the current payment of a $10,360
Federal tax liability. In addition, the expected gain from the sale can be offset by all of the suspended
passive loss from Activity B (including the expected $30,000 loss from next year). By deferring the
sale, Jorge’s short-term cash flow increases by $3,360.

Reduced sales price ($ 7,000)


Reduced Federal income tax 10,360
Increase in cash flow $ 3,360
24. (LO 6) Last year, Sarah could deduct nothing against nonpassive income and was required to allocate
the $20,000 net loss among the three loss activities.
Income (loss):
Activity A $30,000
Activity B (30,000)
Activity C (15,000)
Activity D (5,000)
Net passive loss ($20,000)

Net passive loss allocated to:


Activity B (30/50 × $20,000) ($12,000)
Activity C (15/50 × $20,000) (6,000)
Activity D (5/50 × $20,000) (2,000)
Total suspended losses ($20,000)

In the current year, Sarah has a net gain of $10,000 from the sale of Activity D. She can offset the
$2,000 suspended loss from the activity and the current year’s loss of $1,500 from the activity against
the $10,000 gain. In addition, the remaining net gain of $6,500 ($10,000 − $2,000 − $1,500) from the
sale may be used to absorb passive losses from the other activities.

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-9

25. (LO 6)
a. Net sales price $ 100,000
Less: Adjusted basis (35,000)
Total gain $ 65,000
Less: Suspended losses (40,000)
Taxable gain (passive) $ 25,000

b. Net sales price $ 100,000


Less: Adjusted basis (75,000)
Total gain $ 25,000
Less: Suspended losses (40,000)
Deductible loss ($ 15,000)

c. Net sales price $ 100,000


Less: Adjusted basis (75,000)
Total gain $ 25,000
Less: Suspended losses (40,000)
Deductible loss ($ 15,000)

The suspended passive losses are fully deductible. The suspended credits are lost forever
because the sale of the activity did not generate any tax.

26. (LO 6)
a. A personal service corporation is not allowed to offset passive losses against active or portfolio
income. Therefore, White’s taxable income is $436,000 ($400,000 income from operations +
$36,000 portfolio income).

b. A closely held, nonpersonal service corporation is allowed to offset passive losses against
active income, but not against portfolio income. Therefore, White’s taxable income is $396,000
($400,000 income from operations − $40,000 passive loss + $36,000 portfolio income).

27. (LO 7) John is entitled to treat the loss as active if his participation constitutes substantially all
of the participation in the activity of individuals (including nonowner employees) for the year. If
John is the only individual who participates in the activity, he would be entitled to an active loss
deduction.
28. (LO 7)
• The amount of Rene’s at-risk basis in the hardware business and whether the losses flowing from
the entity are limited by the at-risk rules.

• Whether the profits and losses from the public accounting firm are classified as passive or active.

• Whether Rene is a material participant in the hardware business.

• Whether Rene is subject to the passive loss rules.

29. (LO 6, 8) Raabe, Maloney, Young, Smith, & Nellen, CPAs


5191 Natorp Boulevard
Mason, OH 45040
January 23, 2016

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-10 2016 Essentials of Taxation/Solutions Manual

Ms. Kristin Graf


123 Baskerville Mill Road
Jamison, PA 18929
Dear Kristin:
This letter is in response to your request for assistance in analyzing the tax consequences from two
investment alternatives. One alternative is to make an additional investment of $10,000 in Rocky Road
Excursions. Here you have an at-risk basis of $0, suspended losses under the at-risk rules of $7,000,
and suspended passive losses of $1,000. If this investment is made, your share of the projected profits
for this year would increase from $1,000 to $8,000. The other choice is to invest $10,000 as a limited
partner in the Ragged Mountain Winery. This would produce passive income of $9,000 this year. The
following analysis is based on these facts.

Invest $10,000 in Rocky Road Excursions:


Expected profit from investment $8,000
Beginning at-risk basis $ –0–
Increase to at-risk basis due to profit 8,000
Increase to at-risk basis due to investment 10,000
$18,000
Use of loss suspended by at-risk rules (7,000)
Ending at-risk basis $11,000
Beginning suspended passive loss ($ 1,000)
Reclassified suspended passive loss (7,000)
Use of suspended passive losses—revised (8,000)
Current taxable income $ –0–
Current tax liability $ –0–

Invest $10,000 in Ragged Mountain Winery:


Expected profit from investment—Ragged Mountain Winery $9,000
Expected profit from investment—Rocky Road Excursions 1,000
Use of suspended passive losses from Rocky Road Excursions
($1,000 reclassified suspended loss under the at-risk rules +
$1,000 suspended passive loss) (2,000)
Current taxable income $8,000
Current tax liability ($8,000  28%) $2,240

As you can see, the tax effects of the two options vary significantly due to the interplay of the at-risk
and the passive activity loss rules. This analysis should help you make a more informed investment
decision. If you need any further explanation, please contact me.

Sincerely,

Libba Eanes, CPA


Partner

30. (LO 8)
a. Maxine’s accountant was referring to the impact of the at-risk and passive activity loss rules
on the deductibility of the loss from the Teal investment. The at-risk rules are designed to
prevent taxpayers from deducting losses in excess of the actual economic investment in the

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-11

activity. The passive loss rules prevent taxpayers from deducting passive losses in excess of
passive income. In Maxine’s current situation, she apparently has no other investments that
produce passive income (i.e., she previously sold such an interest).
b. Maxine’s current at-risk amount is $1,000, and she has no other investment activity that
produces passive income. Therefore, Maxine’s current-year deduction is limited by both the
at-risk and passive loss rules. The $13,000 loss reduces the at-risk basis to $0, and the $12,000
balance of the loss is suspended. However, the $1,000 loss not limited by the at-risk rules is
suspended under the passive loss rules because Maxine does not have any passive income.
Therefore, none of the $13,000 loss can be deducted.

c. The financial adviser’s suggestion is faulty. By making an additional $12,000 investment in


Teal, the at-risk basis is increased to $13,000 ($1,000 + $12,000). This avoids any suspension
of the loss under the at-risk rules (giving her an ending at-risk basis of $0). However, because
Maxine has no passive income, the entire $13,000 loss is suspended under the passive loss
rules. Thus, none of the $13,000 loss can be deducted in the current year.
d. Maxine has two basic choices. One choice involves two steps, the first being to make the
additional $12,000 investment in Teal as suggested by her financial adviser. In addition, she
should purchase an interest in a new investment that is expected to produce passive income of
at least $13,000 annually. Under this alternative, the additional investment in Teal ensures that
the at-risk rules will not limit the deduction, while the investment in a new passive activity will
generate passive income against which the $13,000 loss may be offset. Maxine’s second option
is to consider selling her interest in Teal. The sale of the interest will not be restricted by the
at-risk rules, and the final economic gain or loss from her investment will be recognized for tax
purposes. If the entire interest is sold, the passive loss rules will not restrict the deductibility of
the final year’s loss or any suspended losses present.

31. (LO 8) Lee’s share of BlueSky’s loss in 2015 is $80,000 ($400,000 × 20%), and the entire loss is
suspended under the passive loss rules because he has no passive income. His share of the passive
income in 2016 is $40,000 ($200,000 × 20%). His at-risk amount is $80,000 ($120,000 − $80,000
passive loss in 2015 + $40,000 share of income in 2016). In 2016, he may deduct $40,000 of his $80,000
suspended loss against the passive income. This leaves a $40,000 suspended loss at the end of 2016.

32. (LO 6) Grace is allowed a $40,000 deduction. Because her at-risk basis is only $40,000, of the $50,000
loss, $10,000 is suspended. The available $40,000 loss is not subject to the passive activity loss rules
because she was a material participant. As the loss is treated as an active loss, Grace’s income for tax
purposes is $100,000 ($140,000 − $40,000).

33. (LO 5, 6, 8)
a. If Jonathan is not a material participant, $45,000 of his $60,000 loss ($300,000 loss
× 20% interest) is reclassified as a passive loss and disallowed under the passive loss limits.
The remaining $15,000 is disallowed by the at-risk limits. Therefore, Jonathan’s AGI is
$218,000 ($200,000 salary + 18,000 portfolio income).
b. If Jonathan is a material participant, $45,000 of his $60,000 loss is deductible as an active loss.
The remaining $15,000 is disallowed by the at-risk limits. Therefore, Jonathan’s AGI is
$173,000 ($200,000 salary + $18,000 portfolio income − $45,000 active loss).

34. (LO 5, 6, 8) If losses were limited only by the at-risk rules, Gerald would be able to deduct the following
amounts in 2014 and 2015.
Year Loss Allowed* Disallowed
2014 $40,000 $30,000 $10,000

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-12 2016 Essentials of Taxation/Solutions Manual

2015 30,000 –0– 30,000


* Allowed under the at-risk rules, reclassified as a passive loss subject to the passive loss limitations.
However, the losses also are limited by the passive loss rules as follows:
Year Passive Deductible Suspended
2014 $30,000 $–0– $30,000
2015 –0– –0– –0–
In 2016, the $50,000 income increases Gerald’s at-risk amount to $50,000, enabling him to deduct the
$40,000 of disallowed losses. The $50,000 is passive income that can be offset by $50,000 of suspended
losses, leaving a suspended loss of $20,000. At the end of 2016, Gerald has no unused losses under the
at-risk rules, $20,000 of suspended passive losses, and a $10,000 adjusted basis in the activity [$30,000
(adjusted basis on 1/1/2014) − $40,000 (loss in 2014) − $30,000 (loss in 2015) + $50,000 (income in
2016)].

35. (LO 5, 6, 7) Raabe, Maloney, Young, Smith, & Nellen, CPAs


5191 Natorp Boulevard
Mason, OH 45040
December 15, 2015
Scott Myers
603 Pittsfield Dr.
Champaign, IL 61821
Dear Scott,
Based on our discussion, I understand that you are attempting to qualify under the special rules for real
estate professionals as a material participant in order to deduct against your nonpassive income any
losses generated by this rental activity. Consequently, you should document a sufficient number of
hours so that you will meet the material participation standard.
Your activities to date appear to be within the bounds of the tax law as it is written, but you also appear
to be stretching its limits. You need to be careful to avoid any appearance of or taking any actual
fraudulent actions on your or your wife’s part. Essentially, the issue is whether the participation hours
generated are of substance or merely of form. Another issue is whether one of the principal purposes
of the tasks being performed is to avoid the disallowance of passive losses or credits.
Should you need more information or need me to clarify anything, please call.
Sincerely,
Jake Smith, CPA
36. (LO 6, 9) Bonnie and Jake are much better off filing jointly (a tax liability based on the 2015 rate
schedules of $2,498 if filing jointly compared with $5,644 if filing separately). The decrease in medical
deductions [($8,500 − $2,675) versus ($8,500 − $4,700)] is more than offset by the fact that they lose
their rental loss deduction if they file separately because they live together.
Bonnie Jake Joint
Income:
Salaries $42,500 $26,000 $68,500
Interest income 750 750 1,500
Rental loss (–0–) (–0–) (23,000)

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-13

AGI $43,250 $26,750 $47,000


Itemized deductions:
Medical expenses $ –0– $ 8,500 $ 8,500
Less: 10% of AGI –0– (2,675) (4,700)
All other 9,000 3,400 12,400
Total itemized deductions ($ 9,000) ($ 9,225) ($16,200)
Personal exemptions (4,000) (4,000) (8,000)
Taxable income $30,250 $13,525 $22,800

Tax (rounded) $ 4,076 $ 1,568 $ 2,498

Tax filing separately:


Bonnie’s tax $ 4,076
Jake’s tax 1,568
$ 5,644
Tax filing jointly (2,498)
Tax savings filing jointly $ 3,146

37. (LO 9) Gene is considered a material participant in the tax practice but not in the apartment leasing
operation. However, because he actively participates in the real estate rental activity and owns at least
10%, $25,000 of the $30,000 loss is deductible in the current year against his tax practice income. The
remaining $5,000 loss from the rental activity is suspended as a passive activity loss.

38. (LO 9) Ida can utilize $20,000 of losses and $1,400 of credits as follows because of the real estate rental
activity exception:
Income (Loss): Activity A ($12,000)
Activity B (18,000)
Activity C 10,000
Net loss ($20,000)
Utilized loss 20,000
Suspended loss $ –0–
Utilized credit $ 1,400
Suspended credit $ 700
After deducting the loss of $20,000, Ida has available a deduction equivalent of $5,000 [$25,000
(maximum loss allowed) – $20,000 (utilized loss)]. Therefore, the maximum amount of credits Ida may
claim is $1,400 [$5,000 (deduction equivalent) × 28% (marginal tax bracket)].
39. (LO 9)
Rental loss ($105,000)
Rental income 25,000
Other passive income 32,000
Net passive rental loss ($ 48,000)
Deductible against other income 25,000
Suspended rental loss ($ 23,000)
40. (LO 5, 6, 10) In a disposition by gift of an interest in a passive activity, any suspended losses are added
to the basis of the property. Therefore, Andrea’s basis in the property is $16,000 [$13,000 (Abe’s
basis) + $3,000 (suspended passive losses)]. Abe is not allowed to deduct the suspended losses in the
year of disposition.

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6-14 2016 Essentials of Taxation/Solutions Manual

BRIDGE DISCIPLINE PROBLEMS

1. a. Beginning allowance for bad debts $120,000


Bad debt expense 36,000
Bad debts written off during the year (33,000)
Ending allowance for bad debts $123,000
Given the $33,000 write-off and the $3,000 increase in the allowance for bad debts, the bad debt
expense for financial accounting purposes is $36,000.

b. The bad debt expense for tax purposes is $33,000, the amount of accounts receivable written off
during the current year.

c. The sole book/tax difference for Marketplace relates to the treatment for bad debts.

Bad debt expense per books $ 36,000


Bad debt expense per tax (33,000)
Excess of book expense over tax expense $ 3,000
Therefore, the taxable income for Marketplace is computed as follows:

Before-tax net income for financial accounting purposes $545,000


Excess of book expense over tax expense 3,000
Taxable income $548,000

2. (LO 2, 11) Based on the following, Alternative 2’s benefit exceeds Alternative 1’s by $1,577 ($57,762
− $56,185), primarily because of the flow of the benefits and the effect of the at-risk rules on those
benefits.

Alternative 1
Tax cost/ After-tax 6% PV Present
Income benefit benefit factor value
Year 1 ($20,000) $ 5,000 $ 5,000 .9434 $ 4,717
Year 2 (28,000) 5,000 1 5,000 .8900 4,450
Year 3 72,000 (16,000)2 56,000 .8396 47,018
Total present value $56,185

Alternative 2
Tax cost/ After-tax 6% PV Present
Income benefit benefit factor value
Year 1 ($48,000) $10,000 3 $10,000 .9434 $ 9,434
Year 2 32,000 (6,000)4 26,000 .8900 23,140
Year 3 40,000 (10,000) 30,000 .8396 25,188
Total present value $57,762

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Losses and Loss Limitations 6-15

Footnotes
1 Because of the at-risk rules, Heather’s tax deduction in year 2 is limited to her remaining at-risk
basis of $20,000. The $8,000 loss that is not deductible in year 2 is suspended until her at-risk
basis increases. Therefore, her tax benefit from the deduction is $5,000 ($20,000 × 25%).
2 Heather’s $72,000 share of income increases her at-risk basis and provides the opportunity to
claim the $8,000 suspended loss from the previous year. Therefore, her taxable income for year
3 from this investment is $64,000 ($72,000 − $8,000) and the tax cost is $16,000 ($64,000 ×
25%).
3 Because of the at-risk rules, Heather’s tax deduction in year 1 is limited to her at-risk basis of
$40,000. The $8,000 loss that is not deductible in year 1 is suspended until her at-risk basis
increases. Therefore, her tax benefit from the deduction is $10,000 ($40,000 × 25%).
4 Heather’s $32,000 share of income increases her at-risk basis and provides the opportunity to
claim the $8,000 suspended loss from the previous year. Therefore, her taxable income from this
investment in year 2 is $24,000 ($32,000 − $8,000) and the tax cost is $6,000 ($24,000 × 25%).

3. (LO 3, 11) Option B’s benefit exceeds Option A’s by $7,144 ($21,987 − $14,843) primarily because of
the flow of the benefit and the ability to benefit from the passive loss deductions in years 1 and 2.
Option A
Tax cost/ After-tax 8% PV Present
Income benefit benefit factor value
Year 1 $8,000 ($2,240) $5,760 .92593 $ 5,333
Year 2 8,000 (2,240) 5,760 .85734 4,938
Year 3 8,000 (2,240) 5,760 .79383 4,572
Total present value $14,843

Option B
Tax cost/ After-tax 8% PV Present
Income benefit benefit factor value
Year 1 ($ 8,000) $ 2,240 $ 2,240 .92593 $ 2,074
Year 2 (2,000) 560 560 .85734 480
Year 3 34,000 (9,520) 24,480 .79383 19,433
Total present value $21,987

RESEARCH PROBLEMS

1. The key is to determine in which year the casualty was sustained. Reg. § 1.165–1(a) provides that a
casualty or theft loss is deductible in the year the loss was “actually sustained” but does not clarify what
actually sustained means. Thus, we look to case law for additional guidance. In Oregon Mesabi Corp.
v. CIR, 39 BTA 1033 (1939), appeal dismissed, Com'r v. Oregon Mesabi Corporation, 24 AFTR 458
(109 F2d 1014) (CA 9, 1940), fire killed trees in 1933. However, the timber was rendered worthless
when attacked by insects and fungi in 1934 and 1935. The court determined that a loss deduction was
not necessarily taken in the year of the fire, but in the years, as shown by the evidence, that
worthlessness occurred. As a result, Esther’s loss is deductible in 2015, the year in which the trees died
from disease. Despite the fact that the trees were weakened by the hurricane, they were not worthless
until they died of disease.

© 2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Another random document with
no related content on Scribd:
jokaisen on elettävä kaunein laulunsa todellisuudeksi, ja
mitä kauniimpi on laulu, sitä raskaampi on elämän arvan
lunastaminen.

ILTARUSKO

Veritas,
minä tahtoisin suudella sinua,
ja se suudelma olisi kuin iltarusko,
joka äsken kuvastui syviin vesiin.

Virta kulki vuolaana, mustana, ylpeänä voimastaan,


varmana määrästään, yksinäisenä. Valahti taivaan rannalle
hehkuva iltarusko, painoi punaisen suudelman tummiin vesiin.

Ja katso! Syvyys alkoi liekehtiä lämpimänä, riemuitsevana.


Niin syvälle kuin silmä kantoi alaspäin, näkyi vain iltaruskon
hehkua, niin kauas kuin virta vieri, väikkyi purppurainen
veriaalto, mereen asti se ulottui. Ympärillä rannat hymyilivät ja
kukat nyökyttivät päätään.

Veritas,
minä tahtoisin olla sinulle iltarusko,
sillä sinä olet yksinäinen, voimakas ihminen,
joka elät syvää elämää
ja katsot hetken lapsiin alaspäin.
Minä tahtoisin kuin iltarusko
painaa oman vereni punaisen hehkun sinuun,
niin että se ulottuisi sisimpääsi asti
ja täyttäisi olemuksesi elämisen riemulla.

Veritas,
minä tahtoisin suudella sinua —

KIELONKUKKIA

Herätkää, kielonkukat, avatkaa kellonne!


Armas astuu ylitsenne,
ja hänen silmistään säteilee lämmin aurinko.
Herätkää, kielonkukat, avatkaa kellonne!

Tuoksukaa, kielonkukat, tuoksukaa kesää!


Armas astuu ylitsenne,
ja hänen huuliaan polttavat suudelmat,
joiden aika nyt on käsissä.
Tuoksukaa, kielonkukat, tuoksukaa kesää!

Kuolkaa, kielonkukat, kuolkaa ilman kaipausta! Armas astui


ylitsenne ja kosketti minua huulillaan. Minun sieluni ja ruumiini
tunsi hänet ja tervehti valtiastaan.

Kuolkaa, kielonkukat, kuolkaa ilman kaipausta!

SUUDELMA
Veritas, sinä suutelit minua
kuin ruumiinsa verille ruoskinut hurskas
Pyhää Neitsyttä:
kunnioittavin, aroin huulin.
Sinä suutelit minua uudelleen
kuin erakko,
joka luopuu maailmasta ja lähtee korpeen:
alistuen.
Ja minä otin suutelosi vastaan mitään ymmärtämättä,
mutta tuntien kaikki kuoleman edelliset kauhut.

Veritas, silloin kävi lävitseni aavistus, ikäänkuin voisin


minäkin tuntea sen Kaikkivaltiaan Voiman, josta Kirjojen Kirja
sanoo: »Ei etsi omaansa, ei katkeroidu.»

Veritas — minä, minä soisin, että sinä olisit krusifiksi, jota


voisin alati kantaa povellani, palvoa hartaudessa, löytää levon
sielulleni antaumuksessa — ja suudella syntisin, janoisin
huulin päivin ja öin —

VASTAAMATTA JÄÄNYT KYSYMYS

Miksi olet niin kalpea tänään? kysyit.

En voinut vastata, enhän tiennyt sitä itsekään; tunsin vain


epämääräistä tuskaa rinnassani ja pyysin: Mene!

Ystävä:
minussa kehittyy jokin, jolle en löydä nimeä,
jokin sanomattoman suloinen ja surullinen,
joka nostaa kyyneleet silmiini ja hymyn huulilleni,
jota en soisi kenenkään arvaavan
ja josta tahtoisin laulaa koko maailmalle,
jokin, josta en tiedä,
onko se Elämän vaiko Kuoleman lähetti.

YÖSSÄ

Yö äänetön ympärilläni, kädet viileät painaa se otsallein. Mitä


tein, mitä päivän tein? kysyn kyynelin itseltäni.

Meni aurinko mailleen kauan sitten.


Hyvä on.
Ah, eessä sen säteitten kirkkahitten
olen alaston:
olen tahrannut valkean vaippani lokaan,
olen pettänyt parasta itseäni,
olen kieltänyt Pyhän,
olen veljilleni ollut tyly,
ah, ylitse käynyt oon käskyt kaikki.

Meni aurinko mailleen kauan sitten.

Yks synti mua painaa kuin kuoleman taakka: sydämeen,


joka lempii mua, olen pistänyt okaan —

Miks tein, miks väärin tein? kysyn murheisna itseltäni. Ja


mä katselen kylmiä tähtiä ikkunasta: kuin nuo ovat vakavat,
niin oli rakkautein.

Yö tummuu ympärilläni.

LÄHTIESSÄ

Sinun käsivarsiltasi tahtoisin kerran, kun hetki on tullut, siirtyä


rajan taakse.

Ruumiini on hauras kuin lasi, ja sieluni on siinä; perin


heikoilla siteillä kiinni. Luulenpa, että keväinen tuulenpuuska
voisi ne eroittaa toisistansa.

Kuljen täällä unissakävijän tavoin. Teen vaistomaisesti


samaa kuin muutkin, mutta kotonani en ole. Olen kuullut
kutsun, tosin loitolta, olen tuntenut Näkymättömän
läheisyyden enkä ole enää entiseni.

Mutta sinä hetkenä, Veritas, tahtoisin levätä sylissäsi,


tahtoisin haihtuvan tuokion ajan uskoa sinun rakastavan
minua yli kaiken maallisen, tahtoisin, että viimeinen, minkä
katoava tajuni tältä puolen rajan käsittää, olisit sinä.

KUVASTIN

Ystävät, jos luotatte minuun, niin luottakaa eheästi.


Olen luotu niin, että vastaan samalla mitalla.
Jos te ette ole rehellisiä, miksi vaaditte sitä minulta?
Ellette te anna kokonaista, kuinka voisin minä sitä antaa?
Ystäväni, ettekö jo aikaa huomanneet:
heijastan teille jokaiselle vain itseänne.
EPILOGI

RESIGNAATIO

Ketä Jumala rakastaa, sen käteen hän laskee matkasauvan,


se kuulee pakottavan kutsun: »Lähde maaltasi ja isäsi
huoneesta sille maalle, jonka minä sinulle osoitan!»

Ketä Jumala rakastaa, sen tie vie avaraan maailmaan.


Ikuinen ikävä ajaa häntä. Lepopaikkaan ei hän jäädä voi.
Päämäärä odottaa häntä jossakin kaukana, jonne vain
aavistus yltää.

Ketä Jumala rakastaa, sen sydän on helisevä harppu.


Kaikki muuttuu siinä säveliksi, ilon kultasoinnuiksi tai surun
hopeisiksi. Väliin ne soivat ilmi. Ken ymmärtää, hänen
harppunsa virittyy samaan sointuun. Ken ei ymmärrä, kulkee
kuurona ohi.

Ketä Jumala rakastaa, hän ei ole onnellinen eikä onneton.


Suuri Tyytymys vallitsee häntä. Hän on uusi ihminen, joka
entisyytensä unohtaen taivaltaa kohti lupauksen
Kaanaanmaata.
*** END OF THE PROJECT GUTENBERG EBOOK KUVASTIN ***

Updated editions will replace the previous one—the old editions will
be renamed.

Creating the works from print editions not protected by U.S.


copyright law means that no one owns a United States copyright in
these works, so the Foundation (and you!) can copy and distribute it
in the United States without permission and without paying copyright
royalties. Special rules, set forth in the General Terms of Use part of
this license, apply to copying and distributing Project Gutenberg™
electronic works to protect the PROJECT GUTENBERG™ concept
and trademark. Project Gutenberg is a registered trademark, and
may not be used if you charge for an eBook, except by following the
terms of the trademark license, including paying royalties for use of
the Project Gutenberg trademark. If you do not charge anything for
copies of this eBook, complying with the trademark license is very
easy. You may use this eBook for nearly any purpose such as
creation of derivative works, reports, performances and research.
Project Gutenberg eBooks may be modified and printed and given
away—you may do practically ANYTHING in the United States with
eBooks not protected by U.S. copyright law. Redistribution is subject
to the trademark license, especially commercial redistribution.

START: FULL LICENSE


THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free


distribution of electronic works, by using or distributing this work (or
any other work associated in any way with the phrase “Project
Gutenberg”), you agree to comply with all the terms of the Full
Project Gutenberg™ License available with this file or online at
www.gutenberg.org/license.

Section 1. General Terms of Use and


Redistributing Project Gutenberg™
electronic works
1.A. By reading or using any part of this Project Gutenberg™
electronic work, you indicate that you have read, understand, agree
to and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or
destroy all copies of Project Gutenberg™ electronic works in your
possession. If you paid a fee for obtaining a copy of or access to a
Project Gutenberg™ electronic work and you do not agree to be
bound by the terms of this agreement, you may obtain a refund from
the person or entity to whom you paid the fee as set forth in
paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only be


used on or associated in any way with an electronic work by people
who agree to be bound by the terms of this agreement. There are a
few things that you can do with most Project Gutenberg™ electronic
works even without complying with the full terms of this agreement.
See paragraph 1.C below. There are a lot of things you can do with
Project Gutenberg™ electronic works if you follow the terms of this
agreement and help preserve free future access to Project
Gutenberg™ electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the
Foundation” or PGLAF), owns a compilation copyright in the
collection of Project Gutenberg™ electronic works. Nearly all the
individual works in the collection are in the public domain in the
United States. If an individual work is unprotected by copyright law in
the United States and you are located in the United States, we do
not claim a right to prevent you from copying, distributing,
performing, displaying or creating derivative works based on the
work as long as all references to Project Gutenberg are removed. Of
course, we hope that you will support the Project Gutenberg™
mission of promoting free access to electronic works by freely
sharing Project Gutenberg™ works in compliance with the terms of
this agreement for keeping the Project Gutenberg™ name
associated with the work. You can easily comply with the terms of
this agreement by keeping this work in the same format with its
attached full Project Gutenberg™ License when you share it without
charge with others.

1.D. The copyright laws of the place where you are located also
govern what you can do with this work. Copyright laws in most
countries are in a constant state of change. If you are outside the
United States, check the laws of your country in addition to the terms
of this agreement before downloading, copying, displaying,
performing, distributing or creating derivative works based on this
work or any other Project Gutenberg™ work. The Foundation makes
no representations concerning the copyright status of any work in
any country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other


immediate access to, the full Project Gutenberg™ License must
appear prominently whenever any copy of a Project Gutenberg™
work (any work on which the phrase “Project Gutenberg” appears, or
with which the phrase “Project Gutenberg” is associated) is
accessed, displayed, performed, viewed, copied or distributed:
This eBook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this eBook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is derived


from texts not protected by U.S. copyright law (does not contain a
notice indicating that it is posted with permission of the copyright
holder), the work can be copied and distributed to anyone in the
United States without paying any fees or charges. If you are
redistributing or providing access to a work with the phrase “Project
Gutenberg” associated with or appearing on the work, you must
comply either with the requirements of paragraphs 1.E.1 through
1.E.7 or obtain permission for the use of the work and the Project
Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted


with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any
additional terms imposed by the copyright holder. Additional terms
will be linked to the Project Gutenberg™ License for all works posted
with the permission of the copyright holder found at the beginning of
this work.

1.E.4. Do not unlink or detach or remove the full Project


Gutenberg™ License terms from this work, or any files containing a
part of this work or any other work associated with Project
Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this


electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg™ License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form,
including any word processing or hypertext form. However, if you
provide access to or distribute copies of a Project Gutenberg™ work
in a format other than “Plain Vanilla ASCII” or other format used in
the official version posted on the official Project Gutenberg™ website
(www.gutenberg.org), you must, at no additional cost, fee or expense
to the user, provide a copy, a means of exporting a copy, or a means
of obtaining a copy upon request, of the work in its original “Plain
Vanilla ASCII” or other form. Any alternate format must include the
full Project Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying,


performing, copying or distributing any Project Gutenberg™ works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing


access to or distributing Project Gutenberg™ electronic works
provided that:

• You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg™ works calculated using the
method you already use to calculate your applicable taxes. The
fee is owed to the owner of the Project Gutenberg™ trademark,
but he has agreed to donate royalties under this paragraph to
the Project Gutenberg Literary Archive Foundation. Royalty
payments must be paid within 60 days following each date on
which you prepare (or are legally required to prepare) your
periodic tax returns. Royalty payments should be clearly marked
as such and sent to the Project Gutenberg Literary Archive
Foundation at the address specified in Section 4, “Information
about donations to the Project Gutenberg Literary Archive
Foundation.”

• You provide a full refund of any money paid by a user who


notifies you in writing (or by e-mail) within 30 days of receipt that
s/he does not agree to the terms of the full Project Gutenberg™
License. You must require such a user to return or destroy all
copies of the works possessed in a physical medium and
discontinue all use of and all access to other copies of Project
Gutenberg™ works.

• You provide, in accordance with paragraph 1.F.3, a full refund of


any money paid for a work or a replacement copy, if a defect in
the electronic work is discovered and reported to you within 90
days of receipt of the work.

• You comply with all other terms of this agreement for free
distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™


electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
the Project Gutenberg Literary Archive Foundation, the manager of
the Project Gutenberg™ trademark. Contact the Foundation as set
forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend


considerable effort to identify, do copyright research on, transcribe
and proofread works not protected by U.S. copyright law in creating
the Project Gutenberg™ collection. Despite these efforts, Project
Gutenberg™ electronic works, and the medium on which they may
be stored, may contain “Defects,” such as, but not limited to,
incomplete, inaccurate or corrupt data, transcription errors, a
copyright or other intellectual property infringement, a defective or
damaged disk or other medium, a computer virus, or computer
codes that damage or cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except


for the “Right of Replacement or Refund” described in paragraph
1.F.3, the Project Gutenberg Literary Archive Foundation, the owner
of the Project Gutenberg™ trademark, and any other party
distributing a Project Gutenberg™ electronic work under this
agreement, disclaim all liability to you for damages, costs and
expenses, including legal fees. YOU AGREE THAT YOU HAVE NO
REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF
WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE
FOUNDATION, THE TRADEMARK OWNER, AND ANY
DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE
TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE
NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you


discover a defect in this electronic work within 90 days of receiving it,
you can receive a refund of the money (if any) you paid for it by
sending a written explanation to the person you received the work
from. If you received the work on a physical medium, you must
return the medium with your written explanation. The person or entity
that provided you with the defective work may elect to provide a
replacement copy in lieu of a refund. If you received the work
electronically, the person or entity providing it to you may choose to
give you a second opportunity to receive the work electronically in
lieu of a refund. If the second copy is also defective, you may
demand a refund in writing without further opportunities to fix the
problem.

1.F.4. Except for the limited right of replacement or refund set forth in
paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied


warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted
by the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the


Foundation, the trademark owner, any agent or employee of the
Foundation, anyone providing copies of Project Gutenberg™
electronic works in accordance with this agreement, and any
volunteers associated with the production, promotion and distribution
of Project Gutenberg™ electronic works, harmless from all liability,
costs and expenses, including legal fees, that arise directly or
indirectly from any of the following which you do or cause to occur:
(a) distribution of this or any Project Gutenberg™ work, (b)
alteration, modification, or additions or deletions to any Project
Gutenberg™ work, and (c) any Defect you cause.

Section 2. Information about the Mission of


Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new computers.
It exists because of the efforts of hundreds of volunteers and
donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the


assistance they need are critical to reaching Project Gutenberg™’s
goals and ensuring that the Project Gutenberg™ collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a
secure and permanent future for Project Gutenberg™ and future
generations. To learn more about the Project Gutenberg Literary
Archive Foundation and how your efforts and donations can help,
see Sections 3 and 4 and the Foundation information page at
www.gutenberg.org.
Section 3. Information about the Project
Gutenberg Literary Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation’s EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West,


Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up
to date contact information can be found at the Foundation’s website
and official page at www.gutenberg.org/contact

Section 4. Information about Donations to


the Project Gutenberg Literary Archive
Foundation
Project Gutenberg™ depends upon and cannot survive without
widespread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can
be freely distributed in machine-readable form accessible by the
widest array of equipment including outdated equipment. Many small
donations ($1 to $5,000) are particularly important to maintaining tax
exempt status with the IRS.

The Foundation is committed to complying with the laws regulating


charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and
keep up with these requirements. We do not solicit donations in
locations where we have not received written confirmation of
compliance. To SEND DONATIONS or determine the status of
compliance for any particular state visit www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states where


we have not met the solicitation requirements, we know of no
prohibition against accepting unsolicited donations from donors in
such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot make


any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation
methods and addresses. Donations are accepted in a number of
other ways including checks, online payments and credit card
donations. To donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project


Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the Project
Gutenberg™ concept of a library of electronic works that could be
freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg™ eBooks with only a loose network of
volunteer support.

Project Gutenberg™ eBooks are often created from several printed


editions, all of which are confirmed as not protected by copyright in
the U.S. unless a copyright notice is included. Thus, we do not
necessarily keep eBooks in compliance with any particular paper
edition.

Most people start at our website which has the main PG search
facility: www.gutenberg.org.

This website includes information about Project Gutenberg™,


including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how
to subscribe to our email newsletter to hear about new eBooks.

You might also like