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Dear Mr. & Mrs. Smith,

It was a pleasure meeting with you on last week. This memo contains a list of the concerns that you mentioned during our meeting and the recommendation I have for each of your concerns. Please call me once you have reviewed the memo so we can go over any questions you may have and work on getting things in order.

John's questions:
a. How is the $300,000 treated for purposes of Federal tax income?
• The $300,000 is included in your gross income. You earned the $300,000 by providing legal services. For federal income tax purposes, "gross income" means all income from whatever source derived and includes compensation for services I.R.C. § 61. Any income, from whatever source, is presumed to be income …show more content…

c. Does Jane have a business or hobby? Why is this distinction important?
Jane has a business.

Jane has a business and not a hobby. To be considered a business, an activity must have a profit motive.

• One of the main distinction is that deduct for hobby expenses can only be deducted up to the amount of your hobby income. Expenses that are more than the income you made from your hobby are nondeductible personal losses.

For a business losses can offset other income. Since Jane has a business and not a hobby. I recommend that a SEP IRA be open for Jane also. An IRA for Jane will provide additional tax saving benefits.

d. Would Jane (and John) realize better tax benefits if she had a separate business for her jewelry making activities?
• Yes. Jane needs to file a separate business return. I recommend that the income Jane has earned from her jewelry making go on a schedule C. I would recommend that she sets up an LLC for the business. This way she officially separates the business from herself.

e. What tax benefits would John realize if he invested $15,000 in Jane's jewelry making?
• Yes there may be an indirect benefit to John if he makes a $15,000 investment into Jane's business if John and Jane file ‘Married filing jointly tax return. Jane must use the $15,000 for business deductible purchases. If the money sits in the bank it will not provide a tax benefit.

f. Can Jane depreciate her vehicle or jewelry making

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