Income Taxation I

Fall 2009

Bogdanski

 

 

FINAL EXAMINATION – PART TWO

(Two hours)

 

INSTRUCTIONS

 

            This second part of the examination consists of two essay questions, each of which will be given equal weight in determin­ing grades.  Two hours will be permitted for this part.  At the end of the two hours, you must turn in both this set of essay questions and your answers, in the original envelope in which this set came.

 

            All answers must be entered on an approved type of computer disk or on separate sheets of plain white paper (or for those writing answers by hand, in the bluebooks you have been provided­).  No credit will be given for anything written on this set of questions.

 

            Pay close attention to the final portion, or “call,” of each question.  Failure to respond to the matters called for will result in a low score for the question.  On the other hand, discussion of matters outside the scope of the call of the question will not receive credit.

 

            Be sure to explain as thoroughly as possible your answers to the questions posed.  Your reasoning, discussion, and analysis are often as important as any particular conclusion you reach.

 

            The suggested time limit for each question is one hour.  Experience has shown that failure to budget one's time according to this limit can result in a drastic lowering of one's overall grade on this examination.

 

            Unless otherwise expressly instructed, assume that all taxpayers described in the ques­tions are individuals, and that they report their income on the cash method and the calendar year for federal income tax pur­poses.  Any references to the “Code” mean the Internal Revenue Code of 1986, as amended.

 

 


QUESTION ONE

(One hour)

 

            In 2005, Mark buys a single-family home that he rents out at a fair market rent to an unrelated taxpayer as part of Mark’s rental business.  In purchasing the home, Mark pays the seller $350,000 for the property – $35,000 out of his savings, and $315,000 borrowed from a commercial lender, to whom Mark grants a first mortgage on the property.  Mark also pays $3,000 of transaction costs, including an attorney’s fee, in connection with the purchase.

 

            In 2005 through 2009, Mark properly deducts a total of $60,000 of depreciation with respect to the home.  He makes no improvements to it, although he does spend several thousand dollars each year on repairs and maintenance.  At the end of 2009, Mark has paid back only $5,000 of the principal on the mortgage, so that the outstanding principal balance is $310,000.  The property has appreciated; at the end of 2009, it has a fair market value of $400,000, so that Mark’s “equity” in the property is $90,000.

           

            At the beginning of 2010, Mark approaches you, an attorney, for advice about two alternative transactions he is considering.  The first of these is a proposed exchange with Tina, a local real estate dealer.  In the transaction, Mark would transfer the rental home to Tina, who would assume the mortgage on the home and convey to Mark her interest as a tenant in a long-term leasehold on a warehouse in a different state.  The lease, which still has 35 years to run, is on terms favorable to the tenant, and Tina’s interest has a fair market value of $90,000.  Mark intends to sublease the warehouse property to a manu­facturing company.  Tina would hold the rental house for sale to one of her customers.  No cash would change hands in the proposed deal between Mark and Tina.

 

            Alternatively, Mark is thinking of giving the rental home to his daughter, Leila, as a wedding gift.  In the proposed gift, Leila would take the property and assume the mortgage.

 

            What are the federal income tax consequences to Mark of each of the transactions just discussed, with and without any available elections?  Be sure to discuss the amount, timing, and character (ordinary or capital) of each item of income, gain, loss, deduction, or credit, and Mark’s basis in the property he holds, at each stage of the transactions.

 

            Explain.

 

(End of Question 1)

 

 


QUESTION TWO

(One hour)

 

            Amber is employed as the director of public relations for a large medical clinic, Medco.  Her position requires her, among other tasks, to foster positive relationships with local media.  She receives a generous salary but is required to pay many job-related expenses out of her own pocket.

 

            Amber’s office is in the central city, and her residence is in the suburbs.  Every working day, Amber drives her car from her residence to her office.  Several times a month, her work duties require her to drive her car from her office to various media outlets and satellite clinics around the metropolitan area.  Sometimes she leaves these remote locations and drives directly back to her residence at the end of her working day.  Amber keeps meticulous records of all her work-related auto usage.

 

            One afternoon while at her office, Amber receives a phone call from Sandy, the editor-in-chief of The Journal, the largest newspaper in the area.  Sandy is infuriated that Amber leaked a news story to a blogger, thus breaking a promise that Amber had previously made to Sandy that Amber would always make sure that The Journal got first access to breaking news relating to Medco.  Amber rushes to Sandy’s office and takes Sandy out for dinner and a few drinks at a high-end restaurant in an effort to control the damage caused by the incident.  She also sends Sandy flowers the next day, along with card that reads, “True friendships endure.”

 

            Medco does not reimburse Amber for any use of her car, for the cost of the meal and drinks with Sandy, or for the cost of the flowers and card.

 

            Amber’s demanding work schedule causes her marriage to deteriorate, and she and her husband Henry get a divorce.  The divorce decree requires Amber to make the mortgage payments on Henry’s residence for the three years immediately following the effective date of the divorce, even if Henry remarries during that period.  Amber gets custody of the couple’s 11-year-old daughter, Darla.  Following the divorce, Amber pays a professional nanny a substantial fee to look after Darla after Darla gets out of school each day, and all day during school vacations.

 

            What are the federal income tax consequences to Amber of each of the transactions just discussed, with and without any available elections?  Be sure to discuss the amount, timing, and character (ordinary or capital) of each item of income, gain, loss, deduction, or credit.

 

            Discuss.

 

 

(End of examination)

 

Created by: bojack@lclark.edu
Update:  19 Jan 10
Expires:  31 Aug 10