Tax Issues Essay

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Prepare a three-page memo (at least 300 words per page) to John and Jane Smith addressing the issues presented: 1. John Smith tax issues: a. How is the $300,000 treated for purposes of federal tax income? b. How is the $25,000 treated for purposes of federal tax income? c. What is your determination regarding reducing the taxable amount of income for both (a) and (b) above? d. Is it more beneficial to continue leasing the business space or to buy the building? FOR JOHN SMITH: FOR JANE SMITH 2. Jane raised 6 specific questions. What are the different tax consequences between paying down the mortgage (debt) and assuming a new mortgage (debt) for federal income tax purposes? Can John and Jane Smith utilize a 1031 tax exchange to buy a more expensive house using additional money from John's case? Does Jane have a business or hobby? Why is this distinction important? Would Jane (and John) realize better tax benefits if she had a separate business for her jewelry-making activities? 2 What tax benefits would John realize if he invested $15,000 in Jane's jewelry making? Can Jane depreciate her vehicle or jewelry-making equipment? How? Response: Issue: Different tax consequences between paying down the mortgage (debt) and assuming a new mortgage (debt) for Federal income tax purposes Applicable Law: IRC code section 56(b) Conclusion: The only discernible difference is the amount of interest that can be deducted, and without further details I cannot provide you a more definitive answer as to which route is better. To the question of what are the tax consequences of selling a house the Smiths are allowed to deduct a total of $500,000 received from gain every two years on the sale of a primary residence. It is better to take a new mortgage only in case where the new one offers a rate of interest which is lower than the old one. Otherwise, there is not much sense in

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