ACCT614 Discussion Module 2
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ACCT614 Discussion (Chapter 2)
Topic: Gift Tax Consequences in the Existence of a Prior Binding Agreement
Mary Robertson was employed as a waitress at an IHOP in Mobile, Alabama. While working the morning shift on February 16, 2009, one of Mary’s customers left her a Virginia lottery ticket as a tip. When Mary discovered that the ticket had won part of the Virginia Lotto jackpot, the following steps were taken.
• Upon advice of her father and legal counsel, the Robertson Corporation was formed and immediately made an S election.
• Mary received 49% of the stock in Robertson, and the 51% balance was distributed to family members.
• Mary had the Virginia gaming authorities designate the Robertson Corporation as the recipient of the prize money—approximately $10 million payable over 30 years. • Mary’s coworkers at IHOP filed suit against Mary based on an agreement they had to share any lottery winnings equally. The Alabama courts eventually decided that such an agreement did exist but that it was not enforceable. (Alabama law does not permit enforcement of contracts involving illegal activities—gambling is illegal in Alabama.)
In 2017, the IRS determined that Mary had made taxable gifts in 2009 when she shifted some of
the lottery winnings to family members. She made the gifts by having 51% of the Robertson Corporation stock issued to them. (As Robertson is an S corporation, the lottery income passes through to the shareholders.)
Mary disputed the gift tax assessment by contending that her actions were required by the Robertson family agreement. Under this agreement, it was understood that each member would take care of the others in the event he or she came into a “substantial amount” of money. Because Mary was bound by the Robertson family agreement, she was compelled to relinquish any right to 51% of the Robertson stock. Thus, the satisfaction of an obligation is not a gift. As no gift occurred, the imposition of the gift tax is not appropriate.
Using either CCH VitalLaw
Links to an external site.
or Thomson Reuters Checkpoint Edge
Links to
an external site.
, research this scenario and discuss who should prevail and why. Further, discuss what ethical issues are present in the scenario, and provide a biblical perspective to frame these issues.
Partial list of research aids: Estate of Emerson Winkler, 36 TCM 1657, T.C.Memo. 1997–
4. Tonda Lynn Dickerson, 103 TCM 1280, T.C.Memo. 2012–60.
You will also access CCH Intelliconnect™ to further research the discussion topic as needed.
Please review the Discussion Assignment Instructions
Download Discussion Assignment Instructions
prior to posting. You may also click the three dots in the upper corner to Show Rubric.
Post-First:
This course utilizes the Post-First feature in all Discussions. This means you will only be able to read and interact with your classmates’ threads after you have submitted your thread in response to the provided prompt.
1.
Class, in this week’s discussion you will discuss the Gift Tax Consequences in the Existence of a Prior Binding Agreement. Read the scenario carefully and use the research tools provided.
You will complete 2 Discussions in this course. You are required to post 1 thread of at least 250 words by 11:59 p.m. (ET) by Thursday, 03/28/24 of the assigned Module: Week 2. You must also post 2 replies of at least 125 words by Sunday 03/31/24.
For each thread, you must support your assertions with at least 4 scholarly citations in current APA format. Each reply to a classmate’s thread must also incorporate at least 2 scholarly citations. Acceptable sources include peer-reviewed articles from scholarly journals published within the last five years and tax sources from CCH VitalLaw and/or Thomas Reuters Checkpoint Edge, in addition to the course textbook and the Bible, which you may also reference where applicable. Access to the CCH VitalLaw and Thomas Reuters Checkpoint Edge tax services is provided via the library. You can find links to both services in
the Student Resources section of the course.
2.
Class, this is a unique scenario, and many people and businesses will utilize loopholes in the tax law in order to make favorable decisions. In order to fully evaluate this scenario, it is important to understand the gift tax.
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