The John Smith Case: A Personal Injury Case

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The Issues: A practicing attorney, John Smith wants tax advice relating to a recent influx of cash he received as a result of winning a large jury verdict on behalf o his client in a personal injury case. In addition, the attorney’s spouse, Jane Smith, has questions regarding tax planning advice. There are three main tax issues with several sub issues relating to their tax questions. 1. First issue that needs to be determined is how income is accounted for in the lawyers business. Law firms typically use the cash receipts and disbursements method to determine income for tax purposes. Generally, the calendar year is used as their reporting period. State licensing agencies and/or the state bar associations generally establish accounting rules for attorneys. These rules usually describe the type of…show more content…
(a) Whether John or Jane file separate tax returns or jointly can only be determined when all the facts are gathered and all pertinent questions can be answered. Sec. 61(a) describes what gross income of the most typical sources of income. All income from Jane’s business would be income to the couple or to Jane if filing separate. State laws must also be taken into account and defined as to how income is to be allocated between the couple. Section 66 other IRC sets forth a specific rule for treatment of community income where the spouses live apart. IRS Publication 501, Exemptions, Standard Deduction, and Filing Information for 2011, under Filing Status, explains how to determine the filing status before being able to determine filing requirements, standard deduction and correct tax. Filing status also determines whether a taxpayer is eligible to claim certain other deductions and credits. Filing married filing separately is permissible and can be used if each married taxpayer wants to be responsible only for their own tax or if it results in less tax than filing a joint return. There are twelve special rules that need to be adhered to if they decide to file

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