Income Tax Outline GROSS INCOME - § 61 - income from whatever source derived. A. § 1.61-1(a) - GI means all income from whatever source derived, unless excluded by law. GI includes income realized in any form, whether in money, property or services. B. Cesarini v. U.S. - Found $ in piano. Filed return claiming $. Filed claim for refund. See outline 1. Filed action in District Court since tax already paid, claiming refund. Taxpayer argued (p. 43): a) Not gross income within §61. b) Statute of limitations question. Piano purchased in 1957, not applicable to 1964 return; SOL tolled. (1) SOL for return is 3 years from date of filing. (2) Taxpayer may waive SOL though to avoid immediate assessment. (3) SOL is 6 years, if …show more content…
B. Dean v. Commissioner - 80% owned by wife, 20% owned by husband, house transferred in as an asset of the corporation; corp. owns the house. Living in the house is GI since corp. flipping the bill for them staying in the house. C. Problems (62) 1. Veggy growing vegetables. a) Harvest does not constitute GI. b) Consume does not constitute GI. c) Sales of vegetables = GI. d) Exchange for tuna = GI. e) Exchange for providing service = GI. She must pay tax on her proceeds along with the fair market value ($50) of the renting of the space. 2. Doctor/Lawyer swap services. a) Exchange of services, must pay GI on fair market value of services. b) Can’t charge yourself for your own services. EXCLUSION OF GIFTS AND INHERITANCES A. Rules of Inclusion and Exclusion - Code §102(a) and 1st sentence of 102(b). Reg §1.102-1(a) and (b). 1. Gross Income includes the receipt of any financial benefit which is: a) Not a mere return of capital, and b) Not accompanied by a contemporaneously acknowledged obligation to repay, and c) Not excluded by a specific statutory provision. 2. Inclusions - a) IRC § 61 - GI b) IRC § 71 - Alimony, etc. 3. Exclusions - a) IRC § 102 - Gifts and inheritances. (1) IRC §102(a) - GI does not include the value of the property acquired by gift, bequest, devise, or inheritance. (2) IRC §102(b) - Revenue from the value of the gift can’t
This is a case involving Mrs. Lomanno and her husband Mr. Lomanno. Mrs. Lomanno, who is the petitioner, filed a case contesting her liability for deficiencies or additions of tax for the year 1987 and 1988. The petitioner started working in the 1986 as a dietetic director at Kaiser Hospitals and later that year after Kaiser ceased operations worked for a nursing home as Director of Dieticians. In the year 1987, she started working as a sales representative for Practor-Care, Inc. she was in charge of marketing nutrition and food computer software to institutions in Ohio, Kentucky, Michigan and part of Pennsylvania, she ceased working in 1987 due to a difficult pregnancy she did not return to work. In the year 1987 her
Adrian is a salesperson who represents several wholesale companies. On January 2, 2008, she received by mail a commission check from Ace Distributors in the amount of $10,000 that was dated December 31, 2007. Adrian is concerned about the year in which the amount of $10,000 is taxable. Although the check is dated 2007, she contends that it would have been unreasonable for her to drive 100 miles (one way) to the Ace offices on the eve of a holiday to collect her check. Further, Adrian maintains that even if she had made the trip to collect the check, by the time she returned home, the bank would have closed and she could not have deposited the check until January.
income will be treated by the entity, the overall tax burden, and the effect of distributions of property or earnings from the entity to your client. (Note: Do not spend time addressing other types of business entities. Credit will only be given for discussion of the two business entities at issue.) (Points : 50)
On June 1, 2016, exactly three months ago, Marianne and Dory received an audit notice for Wise-Holland’s 2011 tax return because some deductions taken were
According to the IRC §61(a)(1), “Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the
§ 36(c) of the Internal Revenue Code. At the same time, the Tax Court does not execute the law based on its plain language.
Plaintiffs/Counter-Defendants Robert Higgins and Teresa Higgins (the “Higginses”) and Plaintiffs/Counter-Defendants Richard Hargrove and Kathleen Hargrove (the “Hargroves”), by their respective undersigned counsel, hereby submit this Memorandum of Law in Support of their Motion for Summary Judgment.
Modify the language of the trust instrument so as to lower the entity’s Federal income tax.
THIS CAUSE having come on to be heard before the Court upon the Wife’s Complaint for Divorce, and the Husband’s Counter Complaint for Divorce, and the Court having scheduled a Final Hearing for June 17, 2012, and the parties and their respective counsel having appeared before the Court on said date, and the parties having established residency during the Final Hearing,
Joan and Darby (“the taxpayers”) have not filed tax returns in five years since 2005. The taxpayers sold their home in 2005 and their concerns are whether the sale has had any tax consequences for them.
The copy checks received shows the payment of $20,000 was made on December 23, 2016 and not able to be claimed for the 2013 tax
2. According to Sec. 351, Paula recognizes no gain, because she does not receive any boot.
Whether the issuance of the notices of deficiency for 2008 is barred by the expiration of the limitation period for assessment pursuant to Section 6501.
There will only be one type of tax (central) now in case of inter-state sales.
The gross income definition requirement of ‘received by’ is not defined in the Income Tax Act and therefore the following case law principles will be applied in determining whether the bribe, being illegal income, should be included in the individuals gross income for the current year of assessment.