John Smith Case Summary

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After thinking about the information you submitted to me about your taxes, there were several issues which I observed. Firstly, I would like to talk about John Smith's issues: 1(a) I think the $300,000 received by John Smith as fees from jury award is taxable for federal tax income purposes. Because as the IRC Sec 104(a)(2) law: any winnings in a personal injury lawsuit that cover the treatment of physical injuries are not taxable except for attorney fees which are taxable. Taxability also depends upon the place of residence of the taxpayer.(1) In Codman Vs. Commissioner, held that attorney fees paid to the attorney not to be included in the gross income of the claimant in favour of whom the personal injury lawsuit is settled.(2) 1(b)…show more content…
However, to qualify for this section, the properties exchanged must be like-kind and used for a trade or business or for investment. (4)So, in this case, the property exchanged is a house and not one used in any trade, business or for investment purposes. Hence, it does not qualify for Sec 1031 tax exchange. 2(c) As Sec 61 of IRS, any activity which is carried with the intention of earning any income will be classified by the IRS as a business and taxed accordingly. (5) So the distinction between hobby and business is important to determine the taxability of the profits earned from such activity. The nature of activity shows that it is a business. By classifying it as a business, you will be able to deduct the associated expenses on Schedule C. The IRS will make use of the “3 of 5” rule to determine if it is a hobby or a business i.e. if the business has made profits in three out of past five consecutive years. 2(d) Yes, it would be better as you can claim first year expense deduction for equipment purchased, claim expenses and deduct your business losses. Because the expenses of a small business can be claimed on Form1040 Schedule A.

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