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Individual Taxation Essay example

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Individual income
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Tax research

Tax Research
I. FACTS 6-4
Walter Hodges wanted to begin to invest in the field of real estate. In spring 2009,he completed a plan for his business. During this time, he also attended a skill-improved class by paying $25,000. On December 30,2009, he purchased the property which is rented on March 2010.On his form of 1040 for 2009,he asked for a deduction of $29,000. But unfortunately, IRS declined the requisition of deduction for the reason that he wasn’t in a trade of business in 2009.he received the license for the business on November.
II. ISSUES
The issue for decision is whether IRS should allow the deduction of $29,000 which include the cost of the training classes, automobile expenses, …show more content…

So in 2009,IRS didn’t allow the money Mr., Walter Hodges spends for the property included in the business deductions.
Notably, “mere purchase of property was insufficient to show existence of trade or business during subject year where property wasn’t held out for rent until the following year, and, in any event, all disputed expenses, including expenditure for workshops and training, were before purchase date and thus by definition were pre-operational startup expenses” .In 2009 Mr. Walter Hodges spent in the classes designed to provide real estate investment skills, which was before the purchase date of the property, and the property which was purchased on the 31,December, 2009 and listed on the account in 2010 wasn’t successfully rented out until March, 2010. So he can just calculate the expenses as pre-operational startup expenses. The startup expenses may be deducted only over time under Section195(c)(1)(A)(iii).
I refer to the case WOODY v. COMM,the court declines Mr. WOODY’s requisition. And in Mr. Walter Hodges’ case, all the expense incurred from January 1 through December 30,2009 would be start-up expenses which are considered by section 195.since all the expenses at issue in the case were incurred in 2009,they wouldn’t be deductible for 2009 under section162 because their timing makes them subject to the provisions of section 195,and section 1095 start-up expenditures are

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