Professional Documents
Culture Documents
BUSINESS ENTITIES
SPILKER • AYERS • BARRICK • OUTSLAY • ROBINSON • WEAVER • WORSHAM
McGraw-Hill’s
Taxation of Individuals
and Business Entities
Brian C. Spilker
Brigham Young University
Editor
mheducation.com/highered
Dedications
We dedicate this book to:
My entire family, whose love and support helped make this book possible, and to Professor Dave Stewart for his
great example and friendship over the last three decades.
Brian Spilker
My wife, Marilyn, daughters Margaret Lindley and Georgia, son Benjamin, and parents Bill and Linda.
Ben Ayers
My wife, Jill, and my children Annika, Corinne, Lina, Mitch, and Connor.
John Barrick
My family, Jane, Mark, Sarah, Chloe, Lily, Jeff, and Nicole, and to Professor James E. Wheeler, my mentor and friend.
Ed Outslay
JES, Tommy, and Laura.
John Robinson
My family: Dan, Travis, Alix, and Alan, and to Professor Dave Stewart.
Connie Weaver
My wife, Anne, sons Matthew and Daniel, and daughters Whitney and Hayley.
Ron Worsham
About the Authors
Brian Spilker (PhD, University of Texas at Austin, 1993) is the Robert Call/Deloitte Professor
in the School of Accountancy at Brigham Young University. He teaches taxation in the grad-
uate and undergraduate programs at Brigham Young University. He received both BS (Summa
Cum Laude) and MAcc (tax emphasis) degrees from Brigham Young University before work-
ing as a tax consultant for Arthur Young & Co. (now Ernst & Young). After his professional
work experience, Brian earned his PhD at the University of Texas at Austin. In 1996, he was
selected as one of two nationwide recipients of the Price Waterhouse Fellowship in Tax
Award. In 1998, he was a winner of the American Taxation Association and Arthur Andersen
Teaching Innovation Award for his work in the classroom; he has also been awarded for his
use of technology in the classroom at Brigham Young University. Brian researches issues re-
lating to tax information search and professional tax judgment. His research has been pub-
Courtesy of Brian Spilker
lished in journals such as The Accounting Review, Organizational Behavior and Human
Decision Processes, Journal of the American Taxation Association, Behavioral Research in
Accounting, Journal of Accounting Education, Journal of Corporate Taxation, and Journal of
Accountancy.
Ben Ayers (PhD, University of Texas at Austin, 1996) holds the Earl Davis Chair in Taxation
and is the dean of the Terry College of Business at the University of Georgia. He received a
PhD from the University of Texas at Austin and an MTA and BS from the University of
Alabama. Prior to entering the PhD program at the University of Texas, Ben was a tax
manager at KPMG in Tampa, Florida, and a contract manager with Complete Health, Inc., in
Birmingham, Alabama.
Ben teaches tax planning and research courses in the undergraduate and graduate programs at
the University of Georgia. He is the recipient of 11 teaching awards at the school, college, and
university levels, including the Richard B. Russell Undergraduate Teaching Award, the high-
est teaching honor for University of Georgia junior faculty members. His research interests
Courtesy Ben Ayers
include the effects of taxation on firm structure, mergers and acquisitions, and capital markets
and the effects of accounting information on security returns. He has published articles in
journals such as The Accounting Review, Journal of Finance, Journal of Accounting and Eco-
nomics, Contemporary Accounting Research, Review of Accounting Studies, Journal of Law
and Economics, Journal of the American Taxation Association, and National Tax Journal.
Ben was the 1997 recipient of the American Accounting Association’s Competitive Manu-
script Award, the 2003 and 2008 recipient of the American Taxation Association’s Outstand-
ing Manuscript Award, and the 2016 recipient of the American Taxation Association’s Ray
M. Sommerfeld Outstanding Tax Educator Award.
iii
iv About the Authors
John Barrick (PhD, University of Nebraska at Lincoln, 1998) is currently an associate profes-
sor in the Marriott School at Brigham Young University. He served as an accountant at the
United States Congress Joint Committee on Taxation during the 110th and 111th Congresses.
He teaches taxation in the graduate and undergraduate programs at Brigham Young Univer-
sity. He received both BS and MAcc (tax emphasis) degrees from Brigham Young University
before working as a tax consultant for Price Waterhouse (now PricewaterhouseCoopers).
After his professional work experience, John earned his PhD at the University of Nebraska at
Lincoln. He was the 1998 recipient of the American Accounting Association, Accounting,
Behavior, and Organization Section’s Outstanding Dissertation Award. John researches issues
relating to tax corporate political activity. His research has been published in journals such as
Organizational Behavior and Human Decision Processes, Contemporary Accounting
Courtesy John Barrick
Research, and Journal of the American Taxation Association.
Ed Outslay (PhD, University of Michigan, 1981) is a professor of accounting and the Deloitte/
Michael Licata Endowed Professor of Taxation in the Department of Accounting and Infor-
mation Systems at Michigan State University, where he has taught since 1981. He received a
BA from Furman University in 1974 and an MBA and PhD from the University of Michigan
in 1977 and 1981. Ed currently teaches graduate classes in corporate taxation, multiunit enter-
prises, accounting for income taxes, and international taxation. In February 2003, Ed testified
before the Senate Finance Committee on the Joint Committee on Taxation’s Report on Enron
Corporation. MSU has honored Ed with the Presidential Award for Outstanding Community
Service, Distinguished Faculty Award, John D. Withrow Teacher-Scholar Award, Roland H.
Salmonson Outstanding Teaching Award, Senior Class Council Distinguished Faculty Award,
MSU Teacher-Scholar Award, and MSU’s 1st Annual Curricular Service-Learning and Civic
Engagement Award in 2008. Ed received the Ray M. Sommerfeld Outstanding Tax Educator
Courtesy Ed Outslay
Award in 2004 and the Lifetime Service Award in 2013 from the American Taxation Associ-
ation. He has also received the ATA Outstanding Manuscript Award twice, the ATA/Deloitte
Teaching Innovations Award, and the 2004 Distinguished Achievement in Accounting Educa-
tion Award from the Michigan Association of CPAs. Ed has been recognized for his commu-
nity service by the Greater Lansing Chapter of the Association of Government Accountants,
the City of East Lansing (Crystal Award), and the East Lansing Education Foundation. He
received a National Assistant Coach of the Year Award in 2003 from AFLAC and was named
an Assistant High School Baseball Coach of the Year in 2002 by the Michigan High School
Baseball Coaches Association.
About the Authors v
John Robinson (PhD, University of Michigan, 1981) is the Patricia ’77 and Grant E. Sims ’77
Eminent Scholar Chair in Business. Prior to joining the faculty at Texas A&M, John was the
C. Aubrey Smith Professor of Accounting at the University of Texas at Austin, Texas, and he
taught at the University of Kansas where he was the Arthur Young Faculty Scholar. In
2009–2010 John served as the Academic Fellow in the Division of Corporation Finance at the
Securities and Exchange Commission. He has been the recipient of the Henry A. Bubb Award
for outstanding teaching, the Texas Blazer’s Faculty Excellence Award, and the MPA Council
Outstanding Professor Award. John also received the 2012 Outstanding Service Award from
the American Taxation Association (ATA). John served as the 2014–2015 president (elect) of
the ATA and is the ATA’s president for 2015–2016. John conducts research in a broad variety
of topics involving financial accounting, mergers and acquisitions, and the influence of taxes
on financial structures and performance. His scholarly articles have appeared in The Account-
ing Review, The Journal of Accounting and Economics, Journal of Finance, National Tax Courtesy John Robinson
Journal, Journal of Law and Economics, Journal of the American Taxation Association, The
Journal of the American Bar Association, and The Journal of Taxation. John’s research was
honored with the 2003 and 2008 ATA Outstanding Manuscript Awards. In addition, John was
the editor of The Journal of the American Taxation Association from 2002–2005. Professor
Robinson received his J.D. (Cum Laude) from the University of Michigan in 1979, and he
earned a PhD in accounting from the University of Michigan in 1981. John teaches courses on
individual and corporate taxation and advanced accounting.
Connie Weaver (PhD, Arizona State University, 1997) is the KPMG Professor of Accounting
at Texas A&M University. She received a PhD from Arizona State University, an MPA from
the University of Texas at Arlington, and a BS (chemical engineering) from the University of
Texas at Austin. Prior to entering the PhD Program, Connie was a tax manager at Ernst &
Young in Dallas, Texas, where she became licensed to practice as a CPA. She teaches taxation
in the Professional Program in Accounting and the Executive MBA program at Texas A&M
University. She has also taught undergraduate and graduate students at the University of Wis-
consin–Madison and the University of Texas at Austin. She is the recipient of several teaching
awards, including the 2006 American Taxation Association/Deloitte Teaching Innovations
award, the David and Denise Baggett Teaching award, and the college level Association of
Former Students Distinguished Achievement award recognizing innovation in teaching taxa-
Courtesy Connie Weaver
tion. Connie’s current research interests include the effects of tax and financial incentives on
corporate decisions and reporting. She has published articles in journals such as The Account-
ing Review, Contemporary Accounting Research, Journal of the American Taxation Associa-
tion, National Tax Journal, Accounting Horizons, Journal of Corporate Finance, and Tax
Notes. She serves on the editorial board of Contemporary Accounting Research and Issues in
Accounting Education and was the 1998 recipient of the American Taxation Association’s
Outstanding Dissertation award.
Ron Worsham (PhD, University of Florida, 1994) is an associate professor in the School of
Accountancy at Brigham Young University. He teaches taxation in the graduate, undergradu-
ate, MBA, and Executive MBA programs at Brigham Young University. He has also taught as
a visiting professor at the University of Chicago. He received both BS and MAcc (tax empha-
sis) degrees from Brigham Young University before working as a tax consultant for Arthur
Young & Co. (now Ernst & Young) in Dallas, Texas. While in Texas, he became licensed to
practice as a CPA. After his professional work experience, Ron earned his PhD at the Univer-
sity of Florida. He has been honored for outstanding innovation in the classroom at Brigham
Young University. Ron has published academic research in the areas of taxpayer compliance
and professional tax judgment. He has also published legal research in a variety of areas. His
work has been published in journals such as Journal of the American Taxation Association,
The Journal of International Taxation, The Tax Executive, Tax Notes, The Journal of Account- Courtesy Ron Worsham
ancy, and Practical Tax Strategies.
TEACHING THE CODE IN CONTEXT
“The Spilker text, in many ways, is a more logical approach than any other tax textbook. The text makes
great use of the latest learning technologies through Connect and LearnSmart.”
– Ray Rodriguez, Southern Illinois University–Carbondale
vi
A MODERN APPROACH
FOR TODAY’S STUDENT
“This text provides a new approach to the teaching of the technical material. The style of the text material
is easier to read and understand. The examples and storyline are interesting and informative. The arrangement
makes more sense in the understanding of related topics.”
– Robert Bertucelli, Long Island University–Post
Spilker’s taxation series was built around the following five core precepts:
1
Storyline Approach: Each chapter begins with a storyline that introduces a set of characters or
a business entity facing specific tax-related situations. Each chapter’s examples are related to
the storyline, providing students with opportunities to learn the code in context.
2
Integrated Examples: In addition to provid- “Excellent text; love the story line approach and
ing examples in-context, we provide integrated examples. It’s easy to read and under-
“What if ” scenarios within many examples stand explanations. The language of the text is very
to illustrate how variations in the facts clear and straightforward.”
might or might not change the answers. – Sandra Owen, Indiana University–Bloomington
3
Conversational Writing Style: The authors took special care to write McGraw-Hill’s Taxation in
a way that fosters a friendly dialogue between the content and each individual student. The
tone of the presentation is intentionally conversational—creating the impression of speaking
with the student, as opposed to lecturing to the student.
4
Superior Organization of Related Topics:
McGraw-Hill’s Taxation provides two al- “I believe it breaks down complex topics in a way
that’s easy to understand. Definitely easier than
ternative topic sequences. In the McGraw-
other tax textbooks that I’ve had experience with.”
Hill’s Taxation of Individuals and Business
Entities volume, the individual topics gen- – Jacob Gatlin, Athens State University
erally follow the tax form sequence, with
an individual overview chapter and then chapters on income, deductions, investment-related
issues, and the tax liability computation. The topics then transition into business-related topics
that apply to individuals. This volume then provides a group of specialty chapters dealing with
topics of particular interest to individuals (including students), including separate chapters on
home ownership, compensation, and retirement savings and deferred compensation. This volume
concludes with a chapter covering the taxation of business entities. Alternatively, in the
Essentials of Federal Taxation volume, the topics follow a more traditional sequence, with
topics streamlined (no specialty chapters) and presented in more of a life-cycle approach.
5
Real-World Focus: Students learn best when they see how concepts are applied in the real world.
For that reason, real-world examples and articles are included in “Taxes in the Real World”
boxes throughout the book. These vignettes demonstrate current issues in taxation and show
the relevance of tax issues in all areas of business.
vii
®
Required=Results
©Getty Images/iStockphoto
McGraw-Hill Connect®
Learn Without Limits
Connect is a teaching and learning platform
that is proven to deliver better results for
students and instructors.
Connect empowers students by continually
adapting to deliver precisely what they
need, when they need it, and how they need
it, so your class time is more engaging and
effective.
Analytics
Connect Insight®
Connect Insight is Connect’s new one-
of-a-kind visual analytics dashboard that
provides at-a-glance information regarding
student performance, which is immediately
actionable. By presenting assignment,
assessment, and topical performance results
together with a time metric that is easily
visible for aggregate or individual results,
Connect Insight gives the user the ability to
take a just-in-time approach to teaching and
learning, which was never before available.
Connect Insight presents data that helps
instructors improve class performance in a
way that is efficient and effective.
Adaptive
THE ADAPTIVE
READING EXPERIENCE
DESIGNED TO TRANSFORM
THE WAY STUDENTS READ
SmartBook®
Proven to help students improve grades and
study more efficiently, SmartBook contains the
same content within the print book, but actively
tailors that content to the needs of the individual.
SmartBook’s adaptive technology provides precise,
personalized instruction on what the student
should do next, guiding the student to master
and remember key concepts, targeting gaps in
knowledge and offering customized feedback,
and driving the student toward comprehension
and retention of the subject matter. Available on
tablets, SmartBook puts learning at the student’s
fingertips—anywhere, anytime.
www.mheducation.com
ONLINE ASSIGNMENTS
Connect helps students learn more effi-
ciently by providing feedback and practice
material when they need it, where they
need it. Connect grades homework auto-
matically and gives immediate feedback
on any questions students may have
missed. The extensive assignable, gradable
end-of-chapter content includes a general
journal application that looks and feels
more like what you would find in a general
ledger software package. Also, select ques-
tions have been redesigned to test students’
knowledge more fully. They now include
tables for students to work through rather than requiring that all calculations be done offline.
x
Guided Examples
The Guided Examples in Connect provide a narrated, animated, step-by-step walk-through of select
problems similar to those assigned. These short presentations can be turned on or off by instructors
and provide reinforcement when students need it most.
Family
description:
Courtney is divorced with a son, Deron,
age 10, and a daughter, Ellen, age 20.
Gram is currently residing with Courtney.
phasizes real people facing real tax
Location: Kansas City, Missouri dilemmas. Students learn to apply practi-
cal tax information to specific business
© Image Source Employment Courtney works as an architect for EWD.
status: Gram is retired.
Taxation authors took special care – Chuck Pier, Angelo State University
2-4 CHAPTER 2 Tax Compliance, the IRS, and Tax Authorities
to create clear and helpful exam-
spi11838_ch08_000-055.indd 1
The statute of limitations for IRS assessment can be extended in certain circumstances.
1/13/17 8:44 PM
ples that relate to the storyline For example, a six-year statute of limitations applies to IRS assessments if the taxpayer
omits items of gross income that exceed 25 percent of the gross income reported on the tax
of the chapter. Students learn to return. For fraudulent returns, or if the taxpayer fails to file a tax return, the news is under-
standably worse. The statute of limitations remains open indefinitely in these cases.
refer to the facts presented in the
storyline and apply them to other Example 2-1
scenarios—in this way, they build Bill and Mercedes file their 2013 federal tax return on September 6, 2014, after receiving an auto-
matic extension to file their return by October 15, 2014. In 2017, the IRS selects their 2013 tax return
a greater base of knowledge for audit. When does the statute of limitations end for Bill and Mercedes’s 2013 tax return?
Answer: Assuming the six-year and “unlimited” statute of limitation rules do not apply, the statute
through application. Many exam- of limitations ends on September 6, 2017 (three years after the later of the actual filing date and the
original due date).
ples also include “What if?” sce- What if: When would the statute of limitations end for Bill and Mercedes for their 2013 tax return if the
couple filed the return on March 22, 2014 (before the original due date of April 15, 2014)?
narios that add more complexity Answer: In this scenario the statute of limitations would end on April 15, 2017, because the later of
the actual filing date and the original due date is April 15, 2014.
are some of the issues covered in Taxes in the Real income and taxes in various ways.
lead to millions of good-paying jobs.”
To explore the divide, let’s examine excerpts
“We will ensure those at the top contribute to
World boxes. from each party’s National Platform from our most
Example 1-2
our country’s future by establishing a multimillion-
recent presidential election (2016).
aire surtax to ensure millionaires and billionaires
pay their fair share. In addition, we will shut down
Republicans the “private tax system” for those at the top, im-
“We areand
Margaret’s parents, Bill and Mercedes, recently built a house the party
wereofassessed
a growing economy
$1,000that by their
mediately close egregious loopholes like those
gives everyone a chance in life, an opportunity to enjoyed by hedge fund managers, restore fair
county government to connect to the county sewer system. Is this a tax?
“The Spilker text makes tax easy for students to under-
Answer: No. The assessment was mandatory and it wasmakes
learn, work, and realize the prosperity freedom
paid possible.”
to a local government. However, millionaires
taxation on multimillion dollar estates, and ensure
the can no longer pay a lower rate than
The Key Facts pro- usually expressed as a percentage. For example, a sales tax rate of 6 percent on a purchase creation, which translates into the level of op-
portunity for those who would otherwise be left
cost more money, while Republicans wish to
How to government
lower taxes and decrease Calculate asize Taxand
taxes is to fund govern-
ment agencies.
of $30 yields a tax of $1.80 ($1.80 = $30 × .06). • Unlike fines or penalties,
vide quick synopses
behind.” spending. Both •motivesTax =are Taxpure;
basehowever, cur-
× Tax rate
rent and cumulative deficits indicate that current taxes are not meant to
Federal, state, and local jurisdictions use a large variety of tax bases to collect tax. “A strong economy is one key to debt reduc-
tion, but spending restraint is a necessary com-
• The taxtobase
revenue is insufficient meetdefines what
government punish or prevent illegal
of the critical pieces Some common tax bases (and related taxes) include taxable income (federal and state ponent that must be vigorously pursued.” https:// spending. Solving isthese actually taxed will
problems
usuallyandexpressed
andrequire
in
is behavior; however, “sin
taxes” are meant to dis-
income taxes), purchases (sales tax), real estate values (real estate tax), and personal www.gop.com/platform/restoring-the-american- civil discourse, education research/informa-
sented throughout to anDifferent portions of a tax base may be taxed at different rates. A single tax applied
entire base constitutes a flat tax. In the case ofIngraduated summary, taxes affect the
taxes, manybase aspects
the level of taxes imposed
of personal, business, and political decisions.
is divided
payment must be:
• required;
on the
youtaxtobase andinformed
is
each chapter. into a series of monetary amounts, or brackets, and
Developing a solid understanding of taxation should allow
eachin successive
decisions these areas. Thus, bracket Margaretis taxed
can take at comfort
a usually
that
make
her expressed
semester aswilla likely
• imposed by a
government;
different (gradually higher or gradually lower) percentage prove useful rate.to her personally. Who knows? Depending on
CHAPTER 2 Tax Compliance, the IRS, and Tax Authorities 2-7 percentage.
her interest in business, • and not tied directly to
the benefit received by
Calculating some taxes—income taxes for individuals or corporations,
investment, retirement planning, for and example—
the like, she may ultimately • Different decide
portionstoof pursue
a a
Exhibits career inProcess
EXHIBIT 2-2 IRS Appeals/Litigation
can be quite complex. Advocates of flat taxes argue taxation.
that the process should be simpler. But tax base may be taxed
the taxpayer.
at different rates.
Today’s students are visual
as we’ll seelearners,
IRS Exam
throughout the text, most of the difficulty
1a. Agree with proposed
adjustment in calculating proposeda taxadjustment
rests in determin-
1b. Disagree with
ing the tax base, not the tax rate. Indeed, there are only three basic tax rate structures (pro-
and McGraw-Hill’s Taxation delivers
portional, progressive, and regressive),Payand each can be mastered without much
Taxes Due
difficulty.
30-Day Letter
Before we discuss the alternative tax rate structures, let’s first define three different tax Appeals Conference taxpayer
of key material. rates that will be useful in contrasting the different tax rate structures: the marginal, File Suit in U.S. District
3b. Disagree with proposed adjustment
response
The marginal tax rate is the tax rate that applies to the next additional increment of
a taxpayer’s taxable income (or deductions). Specifically,
4a. Do not pay tax;
Petition Tax Court
“A good textbook that uses great Marginal Tax Rate = Tax Court
examples throughout the chapters to ΔTax* (New Total Tax − Old Total Tax)
Eq. 1-2 =
ΔTaxable Income (New Taxable Income − Old Taxable Income)
give a student an understanding of the IRS Exam: © Royalty-Free/Corbis, Supreme Court: © McGraw-Hill Education/Jill Braaten, photographer, File Claim: © Michael A. Keller/Corbis
9
Decisions rendered by the U.S. Tax Court Small Claims Division cannot be appealed by the taxpayer or the IRS.
xiii
Summary Summary
LO 2-1 Identify the filing requirements for income tax returns and the statute of limitations for A unique feature of McGraw-Hill’s
assessment.
• All corporations must file a tax return annually regardless of their taxable income. Estates Taxation is the end-of-chapter sum-
and trusts are required to file annual income tax returns if their gross income exceeds
$600. The filing requirements for individual taxpayers depend on the taxpayer’s filing mary organized around learning
status, age, and gross income.
• Individual and C corporation tax returns (except for C corporations with a June 30 year-end) objectives. Each objective has a
are due on the fifteenth day of the fourth month following year-end. For C corporations
with a June 30 year-end, partnerships and S corporations, tax returns must be filed by the brief, bullet-point summary that
covers the major topics and con-
fifteenth day of the third month following the entity’s fiscal year-end. Any taxpayer unable
to file a tax return by the original due date can request an extension to file.
Discussion
DISCUSSION QUESTIONS Questions
Discussion Questions are available in Connect®. Discussion questions,
LO 2-1 1. Name three factors that determine whether a taxpayer is required to file a tax
spi11838_ch02_000-035.indd 1 01/11/17 2:50 PM
now available in Con-
return. nect, are provided for
2. Benita is concerned that she will not be able to complete her tax return by April 15.
LO 2-1
Can she request an extension to file her return? By what date must she do so? each of the major con-
Assuming she requests an extension, what is the latest date that she could file cepts in each chapter,
her return this year without penalty?
providing students
LO 2-1 3. Agua Linda Inc. is a calendar-year corporation. What is the original due date for
the corporate tax return? What happens if the original due date falls on a with an opportunity
Saturday? to review key parts of
4. Approximately what percentage of tax returns does the IRS audit? What are the
LO 2-2
implications of this number for the IRS’s strategy in selecting returns for audit?
the chapter and answer
“This 5. Explain
LO 2-2 is a very the difference
readable between the
text. Students willDIF system and the
understand National
it on theirResearch
own, Program. evocative questions
How do they relate to each other?
generally, freeing more class time for application, practice, and student about what they have
6. Describe the differences between the three types of audits in terms of their scope
LO 2-2
questions.” and taxpayer type. learned.
LO 2-2 7. Simon just received a 30-day letter from the IRS indicating a proposed assessment.
Does he have to pay the additional tax? What are his – Valrie Chambers,
options?
LO 2-2 8. Compare and contrast the Texas
three A&M
trial-level University–Corpus
courts. Christi
LO 2-3 9. Compare and contrast the three types of tax law sources and give examples of
each.
LO 2-3 10. The U.S. Constitution is the highest tax authority but provides very little in the
way of tax laws. What are the next highest tax authorities beneath the U.S.
Constitution?
LO 2-3 11. Jackie has just opened her copy of the Code for the first time. She looks at the
xiv table of contents and wonders why it is organized the way it is. She questions
whether it makes sense to try and understand the Code’s organization. What are
b) As a salesperson, Alyssa incurred $2,000 in travel expenses related to her
employment that were not reimbursed by her employer.
2-32 CHAPTER 2 Tax Compliance, the IRS, and Tax Authorities
c) The Johnsons own a piece of raw land held as an investment. They paid $500 of
real property taxes on the property and they incurred $200 of expenses in travel
LO 2-6 37.costs
Levitoissee recommending
the property and a taxto return
evaluate position to his client.
other similar potential What standard must he
investment
meet to satisfy his professional standards? What is the source of this professional
properties.
standard?
d) The Johnsons own a rental home. They incurred $8,500 of expenses associated
LO 2-6 38.withWhat theisproperty.
Circular 230?
LO 2-7 39.
e) TheWhat are the home
Johnsons’ basic differences
was only five between
miles from civil theandOffice
criminal Depottax store
penalties?
where
LO 2-7
40.Alyssa
What worked
home,
are some
so the
inof
Johnsons
January
the most andcommon
decided
February.civil
to move
Thepenalties
to
41. What are the taxpayer’s standards to avoid the substantial understatement
The
make
Johnsons’ new home was only 10 miles from the ST store. However, their
penalty?
new home was 50 miles from their former residence. The Johnsons paid a mov-
ST store imposed
42. What are the tax practitioner’s standards to avoid a penalty for recommending a tax
the
was 60 miles
commute easier
from their
on taxpayers?
for Alyssa.
of tax
ing company $2,002 to move their possessions to the new location. They also
return position?
drove the 50 miles to their new residence. They stopped along the way for
lunch and spent $60 eating at Denny’s. None of the moving expenses were
Problems Problems are designed 2-34 CHAPTER 2 Tax Compliance, reimbursed
the IRS, and Tax
PROBLEMS byAuthorities
ST.
f) Jeremy paid $4,500 for health insurance coverage for himself (not through an
to test the comprehension of more LO 2-5 66. Georgette
Select
researchJeremy
has identified
exchange).
problems
question.
Alyssa
is not What
are was
eligible
a 1983
available
must
covered
for the
court bycase
in Connect
she plan
health
do tountil
that
. appears
® plans
determine
next year.
providedto answer
by her her employer, but
if the case still represents
complex topics. Each problem at the LO 2-5
43.
LO 2-1 “current”
67. Sandyportion
Ahmed
g) Jeremy law? paid
thatdetermined
has heofcan
does not have
$2,500
therequest thatan
self-employment
enough cash ontaxes
in self-employment
herextension
research to
taxes).
hand($1,250
to pay his
file his depends
question tax return.
taxes. He
represents
Does
upon thethis
thewas excited to hear
employer
solve his problem?
interpretation
end of the chapter is tied to one of that of the What are
phrase “not the ramifications
compensated by ifinsurance.”
he doesn’t pay
h) Jeremy paid $5,000 in alimony and $3,000 in child support from his prior
44.marriage.
LO 2-1 is this?
What histype
tax of
Molto Stancha Corporation had zero earnings this fiscal year; in fact, it lost money.
liability
research by April
question 15?
spi11838_ch02_000-035.indd 34
ditional tax. Shea requestedb) What amountconference
an appeals of tax can the butIRS
was require
unable Jasper
to settletothe paycase
for Crewella’s year 3
planning 01/11/17 2:51 PM
separate tax return?
at the conference. She is contemplating whichExplain.
trial court to choose to hear her case.
assignment material. These require Provide aLOrecommendation
4-3 51. Janice
a) Shea resides in the 2nd
based on the
Traylor
onlyCircuit,
child. Marty
and the
following
is single.
has2nd
She alternative
lived with has
Circuit Janice
facts: son named Marty. Marty is Janice’s
has an 18-year-old
his entire
recently ruledlife. However,
against the Marty recently
this reason, they are located at the end of all chapters. In the end-of-book Appendix C, we include tax
answer change if Juanita were
their a Kentucky
2017 tax year.resident
Two years (6thlater,
Circuit)?Doug amended his return and claimed mar-
59. Faith, a resident of Floridaried (11th
filingCircuit)
separaterecently
status. found a circuithis
By changing court case
filing that isDoug sought
status, LO 2-3 a refund
favorable to her research question. Which two circuits
for an overpayment for the tax year 2017 would she prefer
(he paid to have
more tax in the original joint
return problems that cover multiple chapters. Additional
60.
tax return problems are also available in
issued the opinion? return than he owed on a separate return). Is Doug allowed to change his filing
Robert has found a “favorable”
status forauthority
the 2017directly
tax year onand
point for hisa tax
receive taxquestion.
refund with If the
his amended
LO 2-3 return?
the Connect Library. These problems authority is a court case, which court would he prefer to have issued the opinion?
Which court would he least prefer to have issued the opinion?
Jamareo has foundCOMPREHENSIVE PROBLEMS
range from simple to complex and 61. a “favorable” authority directly
the authority is an administrative authority, which specific type
Select problems are available
he prefer to answer his question? Which administrative
on point for his tax question. If
in Connect ®
authority.
of authority would
would he least
LO 2-3
S corporation taxation. b) IRC Sec. 469(c)(7)(B)(i) the amount of $1,500. Marc and Michelle have a 10-year-old son, Matthew, who
lived with them throughout the entire year. Thus, Marc and Michelle are allowed to
c) Rev. Rul. 82-204, 1982-2 C.B. 192
claim a $1,000 child tax credit for Matthew. Marc and Michelle paid $6,000 of ex-
d) Amdahl Corp., 108 TC 507 (1997)
penditures that qualify as itemized deductions and they had a total of $5,500 in fed-
e) PLR 9727004 eral income taxes withheld from their paychecks during the course of the year.
f) Hills v. Comm., 50 AFTR2da) What 82-6070
is Marc and (11th Cir., 1982)
Michelle’s gross income?
63. For each of the following citations,
b) What identify
is Marc and the type of adjusted
Michelle’s authoritygross (statutory,
income? admin- LO 2-3
istrative, or judicial) and explain the citation.
c) What is the total amount of Marc and Michelle’s deductions from AGI? xv
a) IRC Sec. 280A(c)(5)d) What is Marc and Michelle’s taxable income?
b) Rev. Proc. 2004-34, e) 2004-1
WhatC.B.
is Marc911and Michelle’s taxes payable or refund due for the year? (Use the
c) Lakewood Associates, RIA TC schedules.)
tax rate Memo 95-3566
d) TAM 200427004 f) Complete the first two pages of Marc and Michelle’s Form 1040 (use 2016 forms
e) U.S. v. Muncy, 2008-2 if USTC
2017par.forms50,449 (E.D., AR, 2008)
are unavailable).
64. Justine would like to clarify her understanding of a code section recently enacted by LO 2-4
Congress. What tax law sources are available to assist Justine?
Four Volumes to Fit
McGraw-Hill’s Taxation of Individuals is organized to empha- McGraw-Hill’s Taxation of Business Entities begins with the
size topics that are most important to undergraduates taking their process for determining gross income and deductions for
first tax course. The first three chapters provide an introduction businesses, and the tax consequences associated with purchasing
to taxation and then carefully guide students through tax re- assets and property dispositions (sales, trades, or other disposi-
search and tax planning. Part II discusses the fundamental ele- tions). Part II provides a comprehensive overview of entities and
ments of individual income tax, starting with the tax formula the formation, reorganization, and liquidation of corporations.
in Chapter 4 and then proceeding to more discussion on income, Unique to this series is a complete chapter on accounting for in-
deductions, investments, and computing tax liabilities in come taxes, which provides a primer on the basics of calculating
Chapters 5–8. Part III then discusses tax issues associated with the income tax provision. Included in the narrative is a discus-
business-related activities. Specifically, this part addresses busi- sion of temporary and permanent differences and their impact on
ness income and deductions, accounting methods, and tax conse- a company’s book “effective tax rate.” Part III provides a de-
quences associated with purchasing assets and property disposi- tailed discussion of partnerships and S corporations. The last
tions (sales, trades, or other dispositions). Part IV is unique part of the book covers state and local taxation, multinational
among tax textbooks; this section combines related tax issues for taxation, and transfer taxes and wealth planning.
compensation, retirement savings, and home ownership. Part I: Business-Related Transactions
Part I: Introduction to Taxation 1. Business Income, Deductions, and Accounting Methods
1. An Introduction to Tax 2. Property Acquisition and Cost Recovery
2. Tax Compliance, the IRS, and Tax Authorities 3. Property Dispositions
3. Tax Planning Strategies and Related Limitations Part II: Entity Overview and Taxation of C Corporations
Part II: Basic Individual Taxation 4. Entities Overview
4. Individual Income Tax Overview, Exemptions and Filing 5. Corporate Operations
Status 6. Accounting for Income Taxes
5. Gross Income and Exclusions 7. Corporate Taxation: Nonliquidating Distributions
6. Individual Deductions 8. Corporate Formation, Reorganization, and Liquidation
7. Investments Part III: Taxation of Flow-Through Entities
8. Individual Income Tax Computation and Tax Credits 9. Forming and Operating Partnerships
Part III: Business-Related Transactions 10. Dispositions of Partnership Interests and Partnership
9. Business Income, Deductions, and Accounting Methods Distributions
10. Property Acquisition and Cost Recovery 11. S Corporations
11. Property Dispositions Part IV: Multijurisdictional Taxation and Transfer Taxes
Part IV: Specialized Topics 12. State and Local Taxes
12. Compensation 13. The U.S. Taxation of Multinational Transactions
13. Retirement Savings and Deferred Compensation 14. Transfer Taxes and Wealth Planning
14. Tax Consequences of Home Ownership
xvi
Four Course Approaches
xvii
SUPPLEMENTS FOR INSTRUCTORS
Assurance of Learning Ready The statements contained in McGraw-
Many educational institutions today are focused Hill’s Taxation are provided only as a guide
on the notion of assurance of learning, an im- for the users of this textbook. The AACSB
portant element of many accreditation stan- leaves content coverage and assessment
dards. McGraw-Hill’s Taxation is designed within the purview of individual schools, the
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ing initiatives with a simple, yet powerful, McGraw-Hill’s Taxation and the teaching
solution. package make no claim of any specific
Each chapter in the book begins with a list AACSB qualification or evaluation, we have,
of numbered learning objectives, which appear within the text and test bank, labeled selected
throughout the chapter as well as in the end-of- questions according to the eight general
chapter assignments. Every test bank question knowledge and skill areas.
for McGraw-Hill’s Taxation maps to a specific
chapter learning objective in the textbook. Each TestGen
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standards for business accreditation by connect- simple test creation and flexible and robust ed-
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xviii
Ronald Carter, Patrick Henry Community College Kerry Inger, Auburn University
Cynthia Caruso, Endicott College Paul Johnson, MGCCC–JD Campus
Paul Caselton, University of Illinois Springfield Athena Jones, University of Maryland University College
Christine Cheng, Louisiana State University Andrew Junikiewicz, Temple University
Amy Chataginer, Mississippi Gulf Coast Community College Susan Jurney, University of Arkansas Fayetteville
Machiavelli Chao, University of California, Irvine Sandra Kemper, Regis University
Max Chao, University of California, Irvine Jon Kerr, Baruch College–CUNY
Lisa Church, Rhode Island College Lara Kessler, Grand Valley State University
Marilyn Ciolino, Delgado Community College Janice Klimek, University of Central Missouri
Wayne Clark, Southwest Baptist University Pamela Knight, Columbus Technical College
Ann Cohen, University at Buffalo, SUNY Satoshi Kojima, East Los Angeles College
Sharon Cox, University of Illinois–Urbana-Champaign Dawn Konicek, Idaho State University
Terry Crain, University of Oklahoma–Norman Jack Lachman, Brooklyn College
Roger Crane, Indiana University East Brandon Lanciloti, Freed-Hardeman University
Brad Cripe, Northern Illinois University Stacie Laplante, University of Wisconsin–Madison
Richard Cummings, University of Wisconsin–Whitewater Suzanne Laudadio, Durham Tech
Joshua Cutler, University of Houston Stephanie Lewis, Ohio State University–Columbus
William Dams, Lenoir Community College Troy Lewis, Brigham Young University
Nichole Dauenhauer, Lakeland Community College Teresa Lightner, University of North Texas
Susan Snow Davis, Green River College Robert Lin, California State University–East Bay
Jim Desimpelare, University of Michigan–Ann Arbor Chris Loiselle, Cornerstone University
Julie Dilling, Moraine Park Technical College Bruce Lubich, Penn State–Harrisburg
Steve Dombrock, Carroll University Michael Malmfeldt, Shenandoah University
John Dorocak, California State University–San Berdinado Kate Mantzke, Northern Illinois University
Amy Dunbar, University of Connecticut–Storrs Robert Martin, Kennesaw State University
John Eagan, Morehouse College Anthony Masino, East Tennessee State University
Reed Easton, Seton Hall University Paul Mason, Baylor University
Elizabeth Ekmekjian, William Paterson University Lisa McKinney, University of Alabama at Birmingham
Ann Esarco, Columbia College Columbia Lois McWhorter, Somerset Community College
Frank Faber, St. Joseph’s College Allison McLeod, University of North Texas
Michael Fagan, Raritan Valley Community College Janet Meade, University of Houston
Frank Farina, Catawba College Michele Meckfessel, University of Missouri–St. Louis
Andrew Finley, Claremont McKenna Frank Messina, University of Alabama at Birmingham
Tim Fogarty, Case Western Reserve University R Miedaner, Lee University
Mimi Ford, Middle Georgia State University Ken Milani, University of Notre Dame
Wilhelmina Ford, Middle Georgia State University Karen Morris, Northeast Iowa Community College
George Frankel, SFSU Stephanie Morris, Mercer University
Lawrence Friedken, Penn State University Michelle Moshier, University at Albany
Stephen Gara, Drake University Leslie Mostow, University of Maryland, College Park
Robert Gary, University of New Mexico James Motter, IUPUI Indianapolis
Greg Geisler, University of Missouri–St. Louis Jackie Myers, Sinclair Community College
Earl Godfrey, Gardner Webb University Michael Nee, Cape Cod Community College
Thomas Godwin, Purdue University Liz Ott, Casper College
David Golub, Northeastern University Edwin Pagan, Passaic County Community College
Marina Grau, Houston Community College Jeff Paterson, Florida State University
Brian Greenstein, University of Delaware Ronald Pearson, Bay College
Patrick Griffin, Lewis University Martina Peng, Franklin University
Lillian Grose, University of Holy Cross James Pierson, Franklin University
Rosie Hagen, Virginia Western Community College Sonja Pippin, University of Nevada–Reno
Marcye Hampton, University of Central Florida Anthony Pochesci, Rutgers University
Cass Hausserman, Portland State University Joshua Racca, University of Alabama
Rebecca Helms, Ivy Tech Community College Francisco Rangel, Riverside City College
Melanie Hicks, Liberty University Pauline Ash Ray, Thomas University
Mary Ann Hofmann, Appalachian State University Luke Richardson, University of South Florida
Robert Joseph Holdren, Muskingum University Rodney Ridenour, Montana State University Northern
Bambi Hora, University of Central Oklahoma John Robertson, Arkansas State University
Carol Hughes, Asheville Buncombe Technical Community Susan Robinson, Georgia Southwestern State University
College Morgan Rockett, Moberly Area Community College
Helen Hurwitz, Saint Louis University Miles Romney, Michigan State University
Rik Ichiho, Dixie State University Ananth Seetharaman, Saint Louis University
xix
Alisa Shapiro, Raritan Valley Community College Ronald Unger, Temple University
Deanna Sharpe, University of Missouri Natasha Ware, Southeastern University
Wayne Shaw, Southern Methodist University Luke Watson, University of Florida
Sonia Singh, University of Florida Sarah Webber, University of Dayton
Lucia Smeal, Georgia State University Cassandra Weitzenkamp, Peru State College
Pamela Smith, University of Texas at San Antonio Marvin Williams, University of Houston—Downtown
Adam Spoolstra, Johnson County Community College Chris Woehrle, American College
Jason Stanfield, Ball State University Jennifer Wright, Drexel University
Joe Standridge, Sonoma State Massood Yahya-Zadeh, George Mason University
George Starbuck, McMurry University James Yang, Montclair State University
James Stekelberg, University of Arizona Scott Yetmar, Cleveland State University
Terrie Stolte, Columbus State Community College Charlie Yuan, Elizabeth City State University
Kenton Swift, University of Montana Xiaoli Yuan, Elizabeth City State University
Erin Towery, The University of Georgia Mingjun Zhou, DePaul University
Acknowledgments
We would like to thank the many talented people who made valuable contributions to the creation of this ninth edition.
William A. Padley of Madison Area Technical College, Deanna Sharpe of the University of Missouri–Columbia, and
Troy Lewis of Brigham Young University checked the page proofs and solutions manual for accuracy; we greatly appre-
ciate the hours they spent checking tax forms and double-checking our calculations throughout the book. Teressa F
arough,
Troy Lewis of Brigham Young University, and Deanna Sharpe of the University of Missouri–Columbia accuracy-checked
the test bank. Thank you to Troy Lewis, Michele Meckfessel of University of Missouri at St. Louis, and Shannon Book-
out of Columbus State Community College for your contributions to the Smartbook revision for this edition. Special
thanks to Troy Lewis of Brigham Young University for his sharp eye and valuable feedback throughout the revision
process. Thanks as well to Colton Gigot from Agate Publishing for managing the supplement process. Finally, William
A. Padley of Madison Area Technical College, Deanna Sharpe of the University of Missouri–Columbia, and Vivian
Paige of Old Dominion University greatly contributed to the accuracy of McGraw-Hill’s Connect for the 2018 edition.
We also appreciate the expert attention given to this project by the staff at McGraw-Hill Education, especially Tim
Vertovec, Managing Director; Kathleen Klehr, Executive Brand Manager; Danielle Andries, Product Developer; Erin
Quinones, Product Developer; Lori Koetters, Brian Nacik, and Jill Eccher, Content Project Managers; Matt Backhaus,
Designer; Natalie King, Marketing Director; Cheryl Osgood, Marketing Manager; and Sue Culbertson, Senior Buyer.
xx
Changes in Taxation of Individuals
and Business Entities, 2018 Edition
For the 2018 edition of McGraw-Hill’s Taxation of Individuals and Business Entities, many changes
were made in response to feedback from reviewers and focus group participants:
∙ All tax forms have been updated for the latest Chapter 5
available tax form as of January 2017. In addition, ∙ Updated for 2017 amounts for Flexible Spending
chapter content throughout the text has been Account contributions.
updated to reflect tax law changes through ∙ Added discussion of new exclusion for awards and prize
January 2017.
money for Team USA Olympic and Paralympic athletes.
∙ Revised discussion of foreign-earned income exclusion
Other notable changes in the 2018 edition include: and updated for 2017 exclusion amounts.
∙ Updated for annual gift tax exclusion and unified tax
Chapter 1 credit for 2017.
∙ Updated tax rates for 2017. ∙ Updated U.S. Series EE Bond interest income exclusion
∙ Updated Social Security Wage base for 2017. for 2017.
∙ Updated Unified Tax Credit for 2017. ∙ Updated tax forms from 2015 to 2016 forms.
∙ Updated Taxes in the Real World: Republicans vs.
Democrats. Chapter 6
∙ Updated Taxes in the Real World: Affordable Care ∙ Updated mileage rate for 2017 moving expense
Act amount for 2017. deduction.
∙ Updated Taxes in the Real World: National Debt for ∙ Updated phase-out for interest on qualified education
current debt limit. loan for 2017.
∙ Updated Exhibit 1-4 for 2015 Federal revenues by ∙ Updated pending expiration date for qualified educa-
source from Treasury. tion expense deduction.
∙ Updated Exhibit 1-5 for 2015 State revenues by ∙ Updated mileage rate for medical expense itemized
source from U.S. Census. deduction for 2017.
∙ Updated standard business mileage rate for 2017.
Chapter 2 ∙ Updated thresholds for the itemized deduction and
∙ Updated gross income thresholds by filing status personal exemption phase-outs for 2017.
for 2017. ∙ Updated standard deduction and personal exemption
∙ Revised discussion of primary authorities and IRS amounts for 2017.
Publications and tax forms. ∙ Updated tax forms from 2015 to 2016 forms.
∙ Updated penalty amounts for failure to file a tax re- Chapter 7
turn and willful understatement of tax.
∙ Updated tax rates for 2017.
∙ Updated tax forms from 2015 to 2016 forms.
Chapter 3
∙ Updated tax rates for 2017. Chapter 8
∙ Updated Exhibit 3-3 for new tax rates. ∙ Updated tax rate schedules for 2017.
∙ Updated AMT discussion for medical expense
Chapter 4 adjustment.
∙ Updated personal exemption amounts for 2017. ∙ Updated AMT exemption and AMT tax rate schedule
∙ Updated standard deduction amounts for 2017. for 2017.
∙ Updated tax rates for 2017. ∙ Revised Self-Employment Tax discussion.
∙ Updated tax forms from 2015 to 2016 forms. ∙ Updated Social Security Tax wage base and Self-
∙ Clarified discussion of who is a qualifying person Employment Tax base for 2017.
for head of household filing status for divorced ∙ Updated Lifetime Learning Credit phase-out for 2017.
parents by editing footnote to Exhibit 4-9 and ∙ Updated Earned Income Credit amounts for 2017.
Appendix B. ∙ Updated tax forms from 2015 to 2016 forms.
xxi
Chapter 9 ∙ In the discussion about combined limit for qualifying
∙ Updated standard business mileage rate for 2017. debt, the use of average method and chronological
∙ Updated tax forms from 2015 to 2016. method of determining deductible interest expense
has been changed to the “simple” and “exact” meth-
Chapter 10 ods of determining deductible interest expense, re-
spectively. This is consistent with the terminology
∙ Updated tax rates for 2017.
provided in the regulations.
∙ Updated tax forms from 2015 to 2016 forms.
∙ Updated Taxes in the Real World (“Double Take on
∙ Updated §179 amounts for inflation adjustments.
Home-Related Interest Deductions”) to reflect the
∙ Updated examples and end of chapter problems for fact that the IRS has now acquiesced to the Voss 12th
2017 §179 amounts. Circuit case. Consequently, the finding in Voss should
∙ Clarified luxury car (§280F) depreciation limit apply to taxpayers anywhere in the country.
calculation. ∙ Updated Example 14-14 dealing with the IRS method
versus Tax Court method of allocating rent expense
Chapter 11 to reflect non-leap year in 2017.
∙ Updated tax rates for 2017. ∙ Clarified discussion of losses from nonresidential
∙ Updated tax forms from 2015 to 2016 forms. rental property.
∙ Clarified related-party holding period rules. ∙ Updated tax forms from 2015 to 2016.
∙ Clarified like-kind exchange debt offset rules. ∙ Clarified that taxpayer’s personal use of an office
disqualifies the taxpayer from claiming a home
Chapter 12 office deduction in Example 14-17.
∙ Updated qualified transportation fringe amounts ∙ Updated settlement statement in Appendix A.
for 2017. ∙ Clarified language in Discussion Question 2.
∙ Updated tax forms from 2015 to 2016.
∙ Updated Exhibits 12-2 through 12-4 and 12-8 for Chapter 15
2016 proxy statements. ∙ In Exhibit 15-3, changed “Nontaxable” to “Tax de-
∙ Updated Taxes in the Real World for 2016 proxy ferred” when discussing the tax consequences of con-
statement information. tributing appreciated property to the various entities.
∙ Updated URL in Taxes in the Real World titled
Chapter 13 Comparing Entities Selected.
∙ Increased salary for Dave Allan in storyline. ∙ Shortened the fact pattern in problem 73. The relevant
∙ Updated inflation adjusted limits for defined benefit facts have not changed.
plans, defined contribution plans, and individually Chapter 16
managed plans.
∙ Updated the discussion on stock option compensation.
∙ Updated Exhibit 13-6 to reflect most recent proxy
∙ Revised Taxes in the Real World for Facebook stock
statement for Coca-Cola Company.
options.
∙ Updated AGI phase-out thresholds for deductible
∙ Updated the compliance section for new year-end filing.
contributions to traditional IRAs and contributions to
Roth IRAs. Chapter 17
∙ Updated Saver’s credit information. ∙ Updated the Taxes in the Real World saga of
∙ Clarified language in Discussion Question 33. Weatherford.
∙ Clarified language in Problem 50 part e. ∙ Updated the material to incorporate the new FASB
rules on disclosures of deferred tax assets and
Chapter 14 liabilities.
∙ Clarified that the terms “dwelling unit” and “home” ∙ Updated the Microsoft uncertain tax benefit footnote
are used interchangebly. disclosure.
∙ Updated discussion of government’s list of expendi- ∙ Updated the FASB’s projects involving accounting
tures from 2015–2024 to 2016–2025. for income taxes.
∙ Updated URL in footnote 4.
∙ Inserted new footnote 7 indicating that the IRS Chapter 18
recently ruled that a couple’s need to move because ∙ Edited key facts summary of earnings and profits
of a birth of a second child was an unforeseen (E&P) calculation.
circumstance (LTR 201628002). ∙ Edited discussion of effect of distributions on E&P.
xxii
∙ Streamlined and edited discussion of effect of Chapter 22
noncash property distributions and the effect of ∙ Revised discussion of the family member rules for pur-
these distributions on taxable income and E&P. poses of the S corporation qualification requirements.
∙ Clarified examples of effect of distributions on ∙ Revised discussion of the excess passive investment
E&P. income rules.
∙ Updated Social Security Tax wage base for 2017.
Chapter 19
∙ Updated tax forms from 2015 to 2016 forms.
∙ Clarified facts in Example 19-25.
∙ Clarified facts in Comprehensive Problems 19-58 Chapter 23
and 19-59. ∙ Updated Exhibit 23-4.
∙ Updated Taxes in the Real World for sourcing receipts.
Chapter 20 ∙ Updated Taxes in the Real World for apportionment.
∙ Added new Taxes in the Real World box in passive
losses discussion. Chapter 24
∙ Clarified the definition of material participant for ∙ Updated the discussion on the OECD base erosion
passive loss purposes. and profit-shifting project.
∙ Clarified new partnership tax return due date. ∙ Updated the proposals for international tax reform.
∙ Clarified the connection between 704(b) capital ∙ Updated the discussion on inversions.
accounts and partnership agreements.
Chapter 25
Chapter 21 ∙ Clarified computation for unified credit.
∙ Clarified the explanation of disproportionate distribu- ∙ Updated exemption equivalent for inflation adjust-
tions to be more consistent with the §751(b) proposed ment made for 2016.
regulations. ∙ Revised terminology used for unified credit, which is
∙ Clarified the problem illustrating disproportionate now referred to as the “applicable credit.”
distributions to be more consistent with the §751(b) ∙ Updated tax forms for 2016.
proposed regulations. ∙ Revised discount factors for changes in the regulations.
∙ Clarified the explanation of special basis adjustments ∙ Revised ethics problem to focus on what constitutes
applicable to distributions. an intent to make a gift.
As We Go to Press
The 2018 Edition is current through February 21, 2017. You can visit the
Connect Library for updates that occur after this date.
xxiii
Table of Contents
xxiv
Table of Contents xxv
Step 2: Identify All Temporary Differences and Financial Statement Disclosure and the
Tax Carryforward Amounts 17-8 Computation of a Corporation’s Effective Tax
Revenues or Gains That Are Taxable after Rate 17-28
They Are Recognized in Financial Balance Sheet Classification 17-28
Income 17-8 Income Tax Footnote Disclosure 17-28
Expenses or Losses That Are Deductible Computation and Reconciliation of the
after They Are Recognized in Financial Income Tax Provision with a Company’s
Income 17-8 Hypothetical Tax Provision 17-30
Revenues or Gains That Are Taxable before Importance of a Corporation’s Effective Tax
They Are Recognized in Financial Rate 17-31
Income 17-9
Interim Period Effective Tax Rates 17-32
Expenses or Losses That Are Deductible
before They Are Recognized in Financial FASB Projects Related to Accounting for Income
Income 17-9 Taxes 17-32
Identifying Taxable and Deductible Temporary Conclusion 17-32
Differences 17-9
Taxable Temporary Difference 17-9
Deductible Temporary Difference 17-9 18 Corporate Taxation: Nonliquidating
Step 3: Compute the Current Income Tax Distributions
Expense or Benefit 17-11
Taxation of Property Distributions 18-2
Step 4: Determine the Ending Balances in the
Balance Sheet Deferred Tax Asset and Determining the Dividend Amount from Earnings
Liability Accounts 17-12 and Profits 18-3
Overview 18-3
Determining Whether a Valuation Allowance Is
Needed 17-18 Dividends Defined 18-3
Step 5: Evaluate the Need for a Valuation Computing Earnings and Profits 18-4
Allowance for Gross Deferred Tax Nontaxable Income Included in Current
Assets 17-18 E&P 18-4
Determining the Need for a Valuation Deductible Expenses That Do Not Reduce
Allowance 17-18 Current E&P 18-5
Future Reversals of Existing Taxable Nondeductible Expenses That Reduce
Temporary Differences 17-18 Current E&P 18-5
Taxable Income in Prior Carryback Year(s) 17-19 Items Requiring Separate Accounting
Expected Future Taxable Income Exclusive of Methods for E&P Purposes 18-5
Reversing Temporary Differences and Ordering of E&P Distributions 18-8
Carryforwards 17-19 Positive Current E&P and Positive
Tax Planning Strategies 17-19 Accumulated E&P 18-8
Negative Evidence That a Valuation Positive Current E&P and Negative
Allowance Is Needed 17-19 Accumulated E&P 18-8
Step 6: Calculate the Deferred Income Tax Negative Current E&P and Positive
Expense or Benefit 17-22 Accumulated E&P 18-9
Accounting for Uncertainty in Income Tax Negative Current E&P and Negative
Positions 17-23 Accumulated E&P 18-10
Application of ASC 740 to Uncertain Tax Distributions of Noncash Property to
Positions 17-24 Shareholders 18-11
Step 1: Recognition 17-24 The Tax Consequences to a Corporation
Step 2: Measurement 17-24 Paying Noncash Property as a
Subsequent Events 17-26 Dividend 18-12
Interest and Penalties 17-26 Liabilities 18-12
Disclosures of Uncertain Tax Effect of Noncash Property Distributions on
Positions 17-27 E&P 18-13
Schedule UTP (Uncertain Tax Position) Constructive Dividends 18-15
Statement 17-27 The Motivation to Pay Dividends 18-17
xxxii Table of Contents
Taxation of Individuals
and Business Entities
chapter
1 An Introduction to Tax
Learning Objectives
LO 1-1 Demonstrate how taxes influence basic business, investment, personal, and political
decisions.
LO 1-2 Discuss what constitutes a tax and the general objectives of taxes.
LO 1-3 Describe the different tax rate structures and calculate a tax.
M
argaret is a junior beginning her first tax IRS is evil and that the current tax system is blatantly
course. She is excited about her career unfair and corrupt. He advocates a simpler, fairer way
prospects as an accounting major but of taxation. Margaret is intrigued by Eddy’s passion
hasn’t had much exposure to taxes. On her way to but questions whether he has a complete understand-
campus she runs into an old friend, Eddy, who is go- ing of the U.S. tax system. She decides to withhold all
ing to Washington, D.C., to protest recent proposed judgments about it (or about pursuing a career in
changes to the U.S. tax system. Eddy is convinced the taxation) until the end of her tax course. ■
1-1
1-2 CHAPTER 1 An Introduction to Tax
1
The U.S. Department of the Treasury provides a “history of taxation” on its website (www.treasury.gov/
resource-center/faqs/Taxes/Pages/historyrooseveltmessage.aspx). You may find it interesting to read this
history in light of the various political parties in office at the time.
CHAPTER 1 An Introduction to Tax 1-3
Key components of the definition of a tax are that the payment is:
∙ Required (it is not voluntary);
∙ Imposed by a government agency (federal, state, or local); and
∙ Not tied directly to the benefit received by the taxpayer.
This last point is not to say that taxpayers receive no benefits from the taxes they pay.
They benefit from national defense, a judicial system, law enforcement, government-
sponsored social programs, an interstate highway system, public schools, and many other
government-provided programs and services. The distinction is that taxes paid are not directly
related to any specific benefit received by the taxpayer. For example, the price of admission to
Yellowstone National Park is a fee rather than a tax because a specific benefit is received.
Can taxes be assessed for special purposes, such as a 1 percent sales tax for educa-
tion? Yes. Why is an earmarked tax, a tax that is assessed for a specific purpose, still
considered a tax? Because the payment made by the taxpayer does not directly relate to
the specific benefit received by the taxpayer.
2
Sin taxes represent an interesting confluence of incentives. On the one hand, demand for such products as
alcohol, tobacco, and gambling is often relatively inelastic because of their addictive quality. Thus, taxing
such a product can raise substantial revenues. On the other hand, one of the arguments for sin taxes is fre-
quently the social goal of reducing demand for such products.
3
For details on the computation of the shared-responsibility payment see Reg. §1.5000A-4.
CHAPTER 1 An Introduction to Tax 1-5
Example 1-1
Margaret travels to Birmingham, Alabama, where she rents a hotel room and dines at several restau-
rants. The price she pays for her hotel room and meals includes an additional 2 percent city surcharge
to fund roadway construction in Birmingham. Is this a tax?
Answer: Yes. The payment is required by a local government and does not directly relate to a specific
benefit that Margaret receives.
Example 1-2
Margaret’s parents, Bill and Mercedes, recently built a house and were assessed $1,000 by their
county government to connect to the county sewer system. Is this a tax?
Answer: No. The assessment was mandatory and it was paid to a local government. However, the
third criterion was not met since the payment directly relates to a specific benefit (sewer service)
received by the payees. For the same reason, tolls, parking meter fees, and annual licensing fees are
also not considered taxes.
In its simplest form, the amount of tax equals the tax base multiplied by the tax rate:
The tax base defines what is actually taxed and is usually expressed in monetary
terms, whereas the tax rate determines the level of taxes imposed on the tax base and is THE KEY FACTS
usually expressed as a percentage. For example, a sales tax rate of 6 percent on a purchase How to Calculate a Tax
of $30 yields a tax of $1.80 ($1.80 = $30 × .06). • Tax = Tax base × Tax rate
Federal, state, and local jurisdictions use a large variety of tax bases to collect tax. • The tax base defines what
Some common tax bases (and related taxes) include taxable income (federal and state is actually taxed and is
income taxes), purchases (sales tax), real estate values (real estate tax), and personal usually expressed in
monetary terms.
property values (personal property tax).
• The tax rate determines
Different portions of a tax base may be taxed at different rates. A single tax applied the level of taxes imposed
to an entire base constitutes a flat tax. In the case of graduated taxes, the base is divided on the tax base and is
into a series of monetary amounts, or brackets, and each successive bracket is taxed at a usually expressed as a
different (gradually higher or gradually lower) percentage rate. percentage.
Calculating some taxes—income taxes for individuals or corporations, for example— • Different portions of a
can be quite complex. Advocates of flat taxes argue that the process should be simpler. But tax base may be taxed
at different rates.
as we’ll see throughout the text, most of the difficulty in calculating a tax rests in determin-
ing the tax base, not the tax rate. Indeed, there are only three basic tax rate structures (pro-
portional, progressive, and regressive), and each can be mastered without much difficulty.
where “old” refers to the current tax and “new” refers to the revised tax after incorporat-
ing the additional income (or deductions) in question. In graduated income tax systems,
additional income (deductions) can push a taxpayer into a higher (lower) tax bracket, thus
changing the marginal tax rate.
Example 1-3
Margaret’s parents, Bill and Mercedes, file a joint tax return. They have $160,000 of taxable income
this year (after all tax deductions). Assuming the following federal tax rate schedule applies, how much
federal income tax will they owe this year?4
Note that in this graduated tax rate structure, the first $18,650 of taxable income is
taxed at 10 percent, the next $57,250 of taxable income (between $18,650 and $75,900)
is taxed at 15 percent, and the next $77,200 of taxable income (between $75,900 and
$153,100) is taxed at 25 percent. Bill and Mercedes’s last $6,900 of taxable income
(between $153,100 and $160,000) is taxed at 28 percent.
Many taxpayers incorrectly believe that all their income is taxed at their marginal rate.
This mistake leads people to say, “I don’t want to earn any additional money because it
will put me in a higher tax bracket.” Bill and Mercedes are currently in the 28 percent
marginal tax rate bracket, but notice that not all their income is taxed at this rate. Their
marginal tax rate is 28 percent. This means that small increases in income will be taxed at
28 percent, and small increases in tax deductions will generate tax savings of 28 percent.
If Bill and Mercedes receive a large increase in income (or in deductions) such that they
would change tax rate brackets, we cannot identify their marginal tax rate by simply
identifying their current tax bracket.
Example 1-4
Bill, a well-known economics professor, signs a publishing contract with an $80,000 royalty advance.
Using the rate schedule from Example 1-3, what would Bill and Mercedes’s marginal tax rate be on this
additional $80,000 of taxable income?
Answer: 28.42 percent, computed as follows:
(1) Taxable income with additional $240,000.00 $80,000 plus $160,000 taxable income
$80,000 of taxable income (Example 1-3)
(2) Tax on $240,000 taxable income $ 54,417.00 Using the rate schedule in Example 1-3,
$54,417.00 = $52,222.50 + 33% ×
($240,000 − $233,350)
4
The tax rate schedules for single, married filing jointly, married filing separately, and head of household are
included in Appendix D.
CHAPTER 1 An Introduction to Tax 1-7
Note that Bill and Mercedes’s marginal tax rate on the $80,000 increase in taxable income rests
between the 28 percent and 33 percent bracket rates because a portion of the additional
income ($233,350 − $160,000 = $73,350) is taxed at 28 percent with the remaining income
($240,000 − $233,350 = $6,650) taxed at 33 percent.
Example 1-5
Assume now that, instead of receiving a book advance, Bill and Mercedes start a new business that
loses $60,000 this year (it results in $60,000 of additional tax deductions). What would be their
marginal tax rate for these deductions?
Answer: 25.26 percent, computed as follows:
The effective tax rate represents the taxpayer’s average rate of taxation on each
d ollar of total income (sometimes referred to as economic income), including taxable and
nontaxable income. Specifically,
Total Tax
Eq. 1-4 Effective Tax Rate =
Total Income
Relative to the average tax rate, the effective tax rate provides a better depiction of a tax-
payer’s tax burden because it depicts the taxpayer’s total tax paid as a ratio of the sum of
both taxable and nontaxable income earned.
Example 1-6
Assuming Bill and Mercedes have $160,000 of taxable income and $10,000 of nontaxable income,
what is their average tax rate?
Answer: 19.80 percent, computed as follows:
We should not be surprised that Bill and Mercedes’s average tax rate is lower than
their marginal tax rate because, although they are currently in the 28 percent tax rate
bracket, not all of their taxable income is subject to tax at 28 percent. The first $18,650
of their taxable income is taxed at 10 percent, their next $57,250 is taxed at 15 per-
cent, their next $77,200 is taxed at 25 percent, and only their last $6,900 of taxable
income is taxed at 28 percent. Thus, their average tax rate is considerably lower than
their marginal tax rate.
Example 1-7
Again, given the same income figures as in Example 1-6 ($160,000 of taxable income and $10,000 of
nontaxable income), what is Bill and Mercedes’s effective tax rate?
Answer: 18.64 percent, computed as follows:
Should we be surprised that the effective tax rate is lower than the average tax rate?
No, because except when the taxpayer has more nondeductible expenses (such as fines or
penalties) than nontaxable income (such as tax-exempt interest), the effective tax rate will
be equal to or less than the average tax rate.
Another random document with
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[Inhoud]
ZEVENDE HOOFDSTUK.
Al ’n half uur zat vrouw Hassel, stom-suf op punt van d’r stoel haar
rokken los te frommelen, die wegzakten slap onder haar beenen uit,
toen ze opstond op de vraag van Guurt. Ze hoorde wel, maar
begrijpen deed ze niks, niks vanavond. Er was allemaal zwarte
dofnis in ’r kop, stil gegil, gesuis en gedruk. Maar besef had ze d’r
niet veel van. Alleen angst, jagende angst, angst als ze’r naam maar
hoorde. Dan duizelde ontzetting in d’r, waarop onmiddellijk weer
dofte plofte, grauwig-zwart alles voor d’r oogen, zonder besef.
Gerrit gromde en vloekte uit z’n hoek, dat ie ’t licht weer op z’n snoet
kreeg. Ze hoorde en grabbelde door, niet merkend dat ze d’r
slaapmuts al opgezet had.
—Kristis moeder wa’ stink je.… Is d’r weer.… hai je weer fuil dàan?
Vrouw Hassel was weer vergeten waarvoor d’r dochter zoo dreigde.
Uit het kastje slierde Guurt ’r ’n hemd en broek toe, die ze rillend
over ’r goor lijf liet zakken, in kakenbibbering.
Moeder Hassel hoorde niet meer, staarde besefloos voor zich uit,
krabbend ’r hoofd, onder smalle schuifbanden van ’r puntige
kromgekreukte slaapmuts.
Guurt had de heele pan op ’n stoel gesmeten, alleen het vuile stank-
walmende hemd naar het achterend geschopt, grommend en
vloekend op ’r moeder, dat se puur daas leek. Vrouw Hassel stond
verschoond, beef-grienerig, goorder in ’r schoon wit hemd en broek,
sjokte huil-schokkend nog, op bedderandje, in langzame onzekere
tasting verdwijnend in donker, naast den Ouë, in d’r slaapkuil. In eng
ruimtetje lagen stille oogen van twee menschen te turen in het
duister, klaar wakker. Op ’r peluw snikte ze dóór, lang niet meer
beseffend waarom, uitkroppend ’n kramp van smart die door d’r
borst en beenen schokte.
—Koest.… koest! dreigde stem van Piet die thuis kwam, wat vroeger
dan Dirk na de paar weken gedwongen rust met z’n beenen. De
hond buiten bromde nog zacht.
—Waa’n meelsak, nou weer bikke, driftte Guurt uit ’r bed stappend.
—Wa’ f’r werk he’ jai doar an je hemmitje hange? potdikke Abram.…
Prikkie!
Met z’n hand wees ie naar Guurt’s borst waar strikjes om laag-
uitgesneden kantbaan pronkten.
—F’r jou ’n froag f’r main ’n weut,—bitste ze terug, met één hand ’r
borsten bedekkend en gauw op ’r slaapstoel onder de dekens
woelend. Piet bromde nog wat in zichzelf, van ’n luiwammes.… wat
’n maid-meroàkel.… niks van bloed-beuling had, draaide ook
langzaam uit naar z’n bed.
[Inhoud]
II.
Doodstil lag ie, toch hartebons hamerde raak door z’n lijf. Z’n kop en
handen gloeiden en binnen-in zanikte weer ’n lekker angstig gevoel
rond, dat ie altijd had als ie bang was betrapt te worden.…
Moar fe’nacht most et.… Sachies an moar Ouë.… soo aa’s je sain
dâ altaid lapt.… sekuur an.… fain werk.…—Zacht had ie zich
overeind gewurmd. Plots rammelden uit den stal, stooten van koe-
ringen tegen het rem, dof-bonzend. [186]En klagelijk vanuit stemme-
diepte loeide koegeschrei òp, akelig in de starende nacht-stilte.
Ouë Gerrit schrok, wurmde weer even onhandig terug en keek in het
donker of ie z’n vrouw’s oogen kon zien.… Da’ f’rfloekte beest!.…
daa’s nou puur de heule weuk, dattie skreeuwt ’s nachts.… aa’s tie
hullie wakker moakt goan ’t weer nie.… gòan ’t weèr nie.…
Zacht nu woelde ie op, òver z’n vrouw heen. Boe! wa’ stank.… wa’
donker.… dondersjin, ’t skol nie veul of ie trapte ’t waif op d’r
beene.… soo.… kràk!.…
Het lampje had ie in z’n hand genomen en zacht afgedraaid, dat het
vlam-spetterde, dood-strijd van ’t pitje. Even spiesten bleeke
lichtpijltjes op het slaapgezicht van Guurt, dat zwàklijk oplichtte en
weer wegdoezelde in de duisternis. Het lampje eerst uit, dat wou ie
nou eenmaal, zoodat ie niemand zien kon. Dan voelde hij zich ook
zekerder.… Nou had ie ’t.… nou zacht.… zacht ’t achterend
inschuifelend, precies tast-wetend hoe ie langs het beschot te gaan
had. Daar ’n drempeltje, daar ’n stoel.… dan ’n inham, nou de
dorsch, d’r achter langs.. sachies an, mooi.… da’ gong, da’ gong.
[188]
Er begon weer wilde jubeling en ijl-drang door z’n lijf te gloeien, maar
hij dwong zich kalm te zijn, kalm. Nou stond ie voor het luik.… Doar
had ie f’navend al ’n blokkie hout onder set.… ’t kroakte aêrs aastie
ophieuw!.… Soo.… soo.… heere! wa’ donker.… stikke,
stikkedonker.….. Wacht!.… gong da’ nies?.… hoorde ie doar nies in
de bedstee?.… neenet.… hoho! de jonges ronkte aas varkes, konne
’t huis omhakke, hoorde sullie nog nies.
Juist stram-bukte ie naar het blokje hout vóór het kelderluik, tast-
schurend met z’n hand langs den grond, toen diepe koeien-loei door
den nacht schreien kwam, uit den donkeren stal, met ’n onderdrukt-
bang nagehuil, dat hangen bleef in het duister. Bonk-stooten van
ringen tegen ’t rem klonken nà.
Nou skrok ie nie meer.… loa moar skreeuwe.… ronke tùg deur.…
tjonge, tjonge woar da blokkie tug sit?.… o joa hardstikke
middenin.… Ouë paa’s op, Ouë! paa’s op.… ’t lampie.… f’r wa’ hat ie
self tùg nie ’n lampie kocht?.… bài s’n rommel,.… nee gong nie.…
gong nie.… rooit na’ niks.… most ie fulle en weer fulle en dan ruike
sullie.… neenet da’ gong nie.
Daar was ie nou bij al z’n rijkdom, en niemand die ’t wist, hij.… hij.…
alleen.… van hem.… van hem.…
Met ’t lampje, èven voor zich uit, boven z’n grijzen kop, die nu strak
stond en wit van hevigen hartstocht, in fellen gloed, schoof ie langs
de groezelende stil-morrende kelder-dingen, die schuw in
voortkruipende glanzing òplichtten in stilte-angst, uit hun vuilen,
zwarten slaap van eeuwig-vunzen nacht. Voort schoof ie, tusschen
vaten, touw, manden en turfstapels, lijf-ingebukt, met z’n hoofd de
zoldering rakend, overal rondom, rossige adem verdampend. Zacht
stapvoets vooruit, verdrong ie den huivernacht in den diepen kelder,
met z’n licht, z’n bloedrood ondergoed, met z’n zware haararmen, uit
opgestroopte mouwen fel beschenen, tot ie eindelijk pal bij z’n
spullen stond.
Nou, nou.… nou sou ie ’t sien.… sien!.… Waa’s d’r? waa’s d’r?.…
allegoar?.…
Even ’t lampje op den grond. Wild nu joeg licht om z’n eerst donkere
beenen over killen vloer. Fel bloedde pijpenrood van z’n broek en
smerig z’n plompe voeten lichtten òp, in vervuiling van de lange
roetige nagels. In donkeren val zwenkte ’t licht van de wanden op
groezelgrond en lage rommel-stapels, dreig-schaduws tuimelden,
trillende lichtkringen boorden zoldering in. En angstig, de dingen
stonden in nieuwen lichtglans weer. Groot-zwaar verdeukt, reuzigde
’t schaduw-lijf van Gerrit in donkere vlakken tusschen vaten en
mandjes, afgebroken, met gekneusde beenen, verplet hoofd en
verminkte armen.… Dreigend silhouetteerde één reuzige arm en
kabballistische schaduw-hand, in woest gebaar tegen de stomme
dingen [191]van kelder in. Plots was Ouë Gerrit ingehurkt, graaiden
z’n belichte handen en haar-armen in de laagte, op de steenen. En
z’n kop, gloeide vlak bij de lamp-vlam, dat z’n baard in zilveren brand
stond, z’n rooie schonken bloedden, z’n vingers grabbelden in beef-
gretigen hartstocht, tusschen molm-vuil, boven z’n gestolen rommel
rondgestrooid.
Weer beef-greep ie naar z’n lampje, zette ’t neer op den vloer, lichtte
bij, pal op den rommel, dat ie àlles, alles zien kon.
—F’rjenne.… wa’ waa’s tie nou moei.… dood op.… en roar in s’n
kop.… moar nou terug.… godskristis Ouë!.… f’rsichtig.
Zacht schoof ie de kamer in, vóór Guurtjes bed.… Even gleed licht
over z’n slaapholletje.… Nou zou ie ’t lampie neersette in ’t
vochtkringetje, woar ’t stoàn had, op vloer.… En nou d’r in.… d’r
in.… aa’s ’n aisklomp sain bast.… en nou effe nog denke.… an.…
alles.… alles.…
Plots schrok ie òp.… Nou zag ie eerst dat ie de deurtjes van z’n
bedstee had laten openstaan. Godskristis.… da’ ha je’t!.…
—Komp hier Ouë.… rauwde Dirk, met z’n grooten, wreeden kop de
bedstee uitgedraaid naar Gerrit toe,—sai begin weer strak-en àn!.…