CPA Regulation (REG)
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The Manor Trust, a complex trust, had distributable net income (DNI) in Year 7 of $12,000. Of the $12,000 of DNI, $5,000 was distributed to trust beneficiaries. Of the $5,000 distributed, which taxpayer(s), if any, are responsible for the tax liability on the $5,000 distribution?
The trust beneficiaries
Neither Manor Trust nor the trust beneficiaries
The Manor Trust and the trust beneficiaries
The Manor Trust
Explanation
Income distributed to trust beneficiaries is included on a Schedule K-1. Only the amount received by beneficiaries is taxed; undistributed DNI is not taxed at either the trust or beneficiary level.
Clarett, who owned a retail business, left a note on a desk Clarett thought was occupied by Franklen. The note stated, "Please contract to purchase 20,000 widgets at the best possible price from Eisen Corp. for delivery in March." The desk was actually being used by Saranz, who made a contract for the purchase of the widgets as specified. Saranz had little negotiating experience and contracted for a high price. Which of the following statements is correct regarding the authority held by Saranz?
Saranz had apparent, but not actual, authority to make the contract, so the contract is not enforceable by Eisen.
Saranz did not have any authority to make the contract, so the contract is not enforceable by Eisen.
Saranz had actual authority to make the contract, so the contract is enforceable by Eisen.
Saranz had authority by ratification, so the contract is enforceable by Eisen.
Explanation
Since the note did not specify the intended agent (Franklen) and was left on Saranz’s desk, the note granted actual authority to Saranz to act on Clarett’s behalf as an agent. The agent’s skill in negotiating has no bearing on whether the contract is enforceable when actual authority has been given to the agent.
Of the following, which are allowable itemized deductions for computing AMT income?
Home mortgage interest on a loan to acquire a principal residence
Deductible real estate property taxes
Both
Neither
Explanation
Both of these options are normal itemized deductions (Sch A) however not all itemized deductions are included in AMTI.
The credit for prior year AMT liability may be carried:
Forward indefinitely
Back to the three preceding years
Back to the three preceding years or carried forward for a maximum of five years
Forward for a maximum of five years
Explanation
AMT paid can be claimed as a credit against other years if the tax was paid on items that increased AMT that year but will reverse in later years. The credit is carried forward indefinitely.
The credit for prior year AMT liability may be carried:
Forward indefinitely
Back three years or forward a maximum of 15 years
Back three years
Forward for a maximum of 15 years
Explanation
Like capital losses for individuals, AMT credits may be carried forward indefinitely for individual taxpayers.
Which of the following statements is correct with respect to the reorganization provisions of Chapter 11 of the federal Bankruptcy Code?
The commencement of a bankruptcy case may be voluntary or involuntary.
The debtor must be insolvent if the bankruptcy petition was filed voluntarily.
A trustee must always be appointed.
A reorganization plan may be filed by a creditor any time after the petition date.
Explanation
Under Chapter 11, a debtor may file voluntarily, or its creditors may file an involuntary petition. Under a voluntary petition, the debtor need not be insolvent, though individuals must pass income tests to determine eligibility. Chapter 11 does not usually involve a trustee, and the debtor has an exclusive right to file a plan in the first 120 days after filing a petition.
Ann purchased 100 shares of stock for $50 per share. Ten years later, Ann died on February 1 and bequeathed the 100 shares of stock to a relative, Blake, when the stock had a market price of $100 per share. One year later, on April 1, the stock split 2 for 1. Blake gave 100 shares of the stock to another of Ann’s relatives, Greg, on June 1 that same year, when the market value of the stock was $150 per share. What was Greg’s basis in the 100 shares of stock when acquired on June 1?
$10,000
$5,100
$5,000
$15,000
Explanation
In an inheritance, unless an alternative valuation date is selected the beneficiary’s basis in the received property is the FMV at the time of the donor’s death (here, 100 stocks at $100 per share, or $10,000). At the split, the basis remained the same, but the value and number of stocks changed (now 200 stocks at $50, still $10,000 total). In a gift, typically the recipient’s basis is that of the donor’s, which means that Greg received 100 stocks with a basis of $50 per share, or a total basis of $5,000.
Vital Corp. is an accrual-basis, calendar-year C corporation. Its year 2 reported book income before federal income taxes was $500,000. Included in that amount were the following items:
- Year 1 state franchise tax refund: $50,000
- Municipal bond interest income: 7,500
What should be the amount of Vital's year 2 taxable income as reconciled on Vital's Schedule M-1 of Form 1120, U.S. Corporation Income Tax Return?
$500,000
$492,500
$450,000
$442,500
Explanation
Municipal bond interest income is not taxable, and so must be deducted from book income to determine taxable income. The state tax refund, however, is treated the same for book and tax purposes. As a result, to arrive at tax income, only the bond interest must be removed: $500,000 - $7,500 = $492,500.
Per the provisions of Chapter 7 of the US Federal Bankruptcy Code, if the debtor _______ he or she will be denied a discharge in bankruptcy.
Is unable to pay administrative expenses
Owes payments of alimony and support
Will not explain satisfactorily a loss of assets to the court
Does not list a creditor
Explanation
Per the provisions of Chapter 7 Bankruptcy law, the debtor will be denied a discharge from the bankruptcy if they cannot or refuse to explain a loss of their assets.
Which of the following rights does a surety have?
I. Right to compel the creditor to collect from the principal debtor
II. Right to compel the creditor to proceed against the principal debtor’s collateral
I only
II only
Both I and II
Neither I or II
Explanation
As a rule, a surety generally has no rights to compel the creditor to collect from the principal debtor. Such rights are only available to a guarantor of collectability, who is liable only if the creditor has exhausted all other legal remedies.