Acct 553 Week 4 You Decide

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John Smith Tax Issues 1A. How is the $300,000 treated for purposes of federal tax income? The $300,000 income for the successful litigation is considered current year earnings because it fits the criteria of the economic doctrine, IRC Code Sec. 61 (a). Under the constructive receipt doctrine, Reg.1.451-2, the payment is considered income for the current year because the earnings were under the restriction of a successful verdict for your client, and so the payment could not be considered as earned any earlier. Since the company operates as an LLC, all income passes through the owner as ordinary income, after business exclusions and deductions, IRC Code Sec.752. And so, the earnings from will be subject to self-employment tax, FICA, and Medicare tax. 1B. How is the $25,000 treated for purposes of federal tax income? The $25,000 will be recognized as income similar to the $300,000 from 1A. Assuming that that the company operates on a cash basis, the expenses are recognized in the year they occurred, IRC Code Sec. 162. There is no current year deduction for these expenses since they were already deducted for taxes in the previous year. And so, the $25,000 reimbursement for expenses in a prior year will be viewed as current year income. 1C. What is your determination regarding reducing the taxable amount of income for both (a) and (b) above? To reduce the taxable income of the $300,000 and the $25,000 John should itemize deductions for the business and for his individual tax return. IRC Code Sec. 162 allows business owners to reduce their taxes by deducting ordinary and necessary expenses. John should deduct the expenses for the office lease, office supplies, office furniture, bank fees and any other business related expenses. For the current year John can deduct the costs incurred in purchasing the building such as appraisal and real-estate fees. For

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