1. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Chapter 2 Income Tax Concepts Murphy & Higgins Concepts in Federal Taxation, 2012 edition

2. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Federal Income Taxation  Based on a system of rules Developed around general concepts and specific exceptions  Four major groupings: General concepts Accounting concepts Income concepts Deduction concepts Once you understand the unifying concepts, you can apply them to almost every aspect of the system.

3. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Terminology  Concept: A broad principle Construct: A means to implement a concept Doctrine: A construct developed by the courts Concept ConstructDoctrine

4. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. General Concepts: Ability to Pay and Administrative Convenience  Ability to pay Tax should be based on an amount that a taxpayer can afford to pay. Constructs used  Deductions  Exclusions  Credits  Progressive tax rates  Administrative convenience The benefit derived from a concept, construct or doctrine should always exceed the cost of implementation. Constructs used  Standard deduction amounts  Fringe benefit exclusions Example  Bow Company allows its employees to make copies for personal reasons without charge on the company copy machine. The employees are not required to include the value of the copies in taxable income.

5. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. General Concepts: Arms-Length Transaction and Pay As You Go  Arms-length transaction A transaction between related parties must reflect economic reality. Constructs used  Related-party provisions  Constructive ownership rules Example  Gaby sells 100 shares of IBM stock to her brother for $10,000. The shares had originally cost Gaby $12,000. Gaby is not allowed to use the $2,000 loss from the sale to reduce her taxable income.  Pay as you go Taxpayers are required to pay tax as they generate income. Constructs used  Withholding  Estimated tax payments

6. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Accounting Concepts: Entity and Assignment of Income  Entity Each tax entity must keep separate records and report operations separately Constructs used:  Taxable entities  Conduit entities  Sole Proprietorships Doctrine used:  Assignment of Income  Assignment of income All income earned from services provided by an entity or property owned by an entity are to be taxed to that entity Example  Sage is a self-employed electrician. She deposits all cash payments she receives in a bank account in her son’s name. Sage does not have use of the funds; however, she is required to include the amount of the cash payments in her gross income.

7. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Accounting Concepts: Annual Accounting Period  Annual accounting period Each taxpayer must select  A tax year  Calendar  Fiscal  An accounting method  Cash  Accrual  Hybrid

8. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Accounting Concepts: Annual Accounting Period Constructions & Doctrines  Tax Benefit Rule If a tax benefit is derived from a deduction in one year, any refund received in a subsequent year must be reported as income Example  Abner had $4,000 of state income taxes withheld from his salary during 2010. He deducted the $4,000 as part of his itemized deductions on his 2010 federal return. On May 15, 2011, he received a refund of $1,000 from the state. When he files his 2011 federal return, Abner will be required to report the $1,000 as income.  Substance-Over-Form Doctrine A transaction must be realistic in an ordinary sense and not contrived merely to avoid tax Example  Jacee “hired” her 4-year old son as office manager for her real estate firm. When she filed her federal tax return she deducted $20,000 as Salary Expense for him. The IRS disallowed the deduction when they examined her return

9. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Income Concepts: All-Inclusive Income and Legislative Grace  All-inclusive income All income received is taxable unless a provision of the law specifically excludes it  Legislative grace Any tax relief provided is the result of specific acts of Congress which are applied and interpreted strictly. Constructs used:  Exclusions, deductions and credits  Special classifications such as capital assets

10. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Income Concepts: Capital Recovery and Realization  Capital recovery A taxpayer may recover all invested capital before income is taxed. Constructs used:  Basis  Gains and Losses Example  Nash sold 200 shares of common stock for $2,000. Because he had paid $800 for the shares, he is required to report only $1,200 as income.  Realization No income is recognized as taxable income until it has been realized by the taxpayer. Doctrines used:  Claim of Right Doctrine  Applies to both accrual and cash basis taxpayers  Constructive Receipt Doctrine  Applies only to cash basis taxpayers

11. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Income Concepts: Realization and its Constructs and Doctrines – Claim of Right  Claim of Right Doctrine Realization does not occur until an amount has been received without restriction Applies when the taxpayer received payment but there is a restriction the taxpayer’s right to keep some or all of it Example  Pamela rented her garage apartment to Mahlon and collected $450, the first-month’s rent, in advance. She also collected $500 as a security deposit that she will return to Mahlon if he doesn’t damage the apartment. She must report only $450 as income because she has no claim of right to the $500.

12. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Income Concepts: Realization and its Constructs and Doctrines – Constructive Receipt  Constructive Receipt Doctrine A modification that prevents cash basis taxpayers from “turning their backs” on income. Realization is deemed to have occurred if  A taxpayer is aware an amount is available,  The amount is unconditionally available (even without physical possession), and  Receipt of the amount is within the taxpayer’s control. Example  Gale is a self-employed handyman. Tracy, one of his customers, brought a check for $250 on December 30, 2010, to pay for work Gale had finished. Gale asked her to mail the check instead, so he could check “delivery time.” Gale must report the $250 as income in 2010 even if the check isn’t delivered until 2011.

13. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Income Concepts: Wherewithal-to-Pay  Wherewithal-to-pay Tax should be recognized and paid when the taxpayer has the resources to pay. Constructs used:  Deferrals  Recognition of unearned income

14. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Deduction Concepts: Legislative Grace and Business Purpose  Legislative grace Any deduction allowed is the result of specific acts of Congress which are applied and interpreted strictly  Business purpose Only expenditures made in order to generate income and for a purpose other than tax avoidance will be deductible. Examples:  Trade or business expenses  Investment expenses  Michael may not deduct depreciation on his personal-use automobile because he does not use it in his business.

15. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Deduction Concepts: Capital Recovery  Capital recovery A taxpayer may deduct the amount of capital invested before income is reported. Constructs used:  Basis  Capital expenditures