Chapter
Chapter 2: Researching Federal Tax Laws
¶201 History of the U.S. Federal Income Tax
¶202 The Legislative Process
.01 Internal Revenue Code
.02 Amendment of the Code
¶203 Primary vs. Secondary Sources of Tax Law
¶204 The Internal Revenue Code
¶208 Treasury Regulations
.01 Stages of Regulations
.02 Interpretive, Legislative, and Procedural Regulations
.03 Authoritative Weight Accorded to Regulations
¶209 IRS Revenue Rulings and Other Pronouncements
.03 Written Determinations
.04 Other Pronouncements and Publications
.03 Court of Federal Claims
¶212 Tax Planning vs. Compliance Research
¶213 Tax Evasion vs. Tax Avoidance
¶214 Tax Planning Strategies
¶215 Ethical and Professional Standards
.01 Professional Standards for Tax Research
.02 Federal Standards for Tax Research
¶216 Secondary Sources of Tax Authority
.03 Periodicals and Other Publications
¶217 The Tax Research Process
.03 Locating Relevant Sources of Authority
.04 Analyzing and Evaluating Relevant Authorities
.05 Developing Conclusions and Recommendations
.06 Communicating Research Findings
Chapter 3: Tax Accounting
¶301 Tax Accounting Distinguished from Financial Accounting
.01 Business Purpose Tax Year
.02 Requesting a Change in Tax Year
¶305 Permissible Methods of Accounting
.01 Limitations on the Use of the Cash Method
.02 Special Methods of Accounting
¶306 Cash Receipts and Disbursements Method
.01 Accounting for Income
.02 Accounting for Expenses
.03 Other Special Rules for Cash Method Taxpayers
¶307 Accrual Method of Accounting
.01 Accounting for Income
.02 Accounting for Expenses
¶308 Hybrid Method of Accounting
¶309 Special Accounting Methods
.01 Installment Method of Accounting
.03 Research and Experimental Expenditures
.04 Crop Method of Accounting
.05 Soil and Water Conservation or Endangered Species Recovery Expenditures
¶310 Adopting an Accounting Method
¶311 Changing an Accounting Method
¶312 Claim of Right Doctrine
Part II: Federal Taxation of Business Income and Deductions
Chapter 4: Federal Income Taxes and Gross Income
Calculating Taxable Income
¶401 Taxable Income Formula
¶402 Overview of Gross Income
.01 Gains from Sales or Exchanges of Property
.02 Items of Gross Income Unique to Individual Taxpayers
¶403 Overview of Deductions
.02 Losses from Disposing Business or Investment Property
¶404 Expanded Taxable Income Formula for Individual Taxpayers
¶405 Regular Income Tax Liability
.01 Tax Rates for Corporations
.02 Tax Rates for Individuals
.03 Tax Rate for Personal Service Corporations
¶406 Alternative Minimum Tax
¶408 Medicare Contribution Tax on Net Investment Income
.01 General Business Credit
.04 Prepayments of Federal Income Taxes
¶410 Estimated Tax Payments
.01 Avoiding the Underpayment Penalty—Corporate Taxpayers
.02 Avoiding the Underpayment Penalty—Individual Taxpayers
.02 Gains from Sales of Property
.06 Distributive Shares from Flow-Through Entities
.07 Other Items of Income
.02 Dividends Received Deduction
.03 Improvements Made by a Tenant
.04 Cancellation of Indebtedness
.05 Life Insurance Proceeds
Chapter 5: Business Deductions: Ordinary and Necessary Business Expenses
¶501 General Requirements for Deductibility
.01 Ordinary and Necessary
.03 Not Capital in Nature
.04 Not Otherwise Disallowed
¶502 Timing of the Deduction
¶503 Organizational Expenditures
.01 Beginning of Business Operations
.01 Start-Up Costs Distinguished from Other Types of Expenses
.02 Start-Up and Acquisition Costs for Abortive Business Ventures
.02 Investment Interest Expense
.03 Required Capitalization of Interest
¶507 Research and Experimentation Expenditures
.01 Activities That Constitute Research and Experimentation
.02 Research Credit in Lieu of a Deduction
.03 Special Rule for Patents
¶508 Dividends Received Deduction
¶509 Domestic Production Activities Deduction
.01 Domestic Production Activities
.02 Calculating the Amount of the Deduction
.01 Computing the Amount of the Deduction
.02 Proof of Worthlessness
¶511 Charitable Contributions
.01 Qualified Charitable Organizations
.02 Calculating the Amount of the Contributions
.03 Timing of the Contributions
.05 Sequencing of Deductions
¶512 Business Gifts and Achievement Awards
Chapter 6: Business Deductions: Employment-Related Expenses
¶601 Compensation Paid to Workers
.01 Employee vs. Independent Contractor
.02 Employee Compensation
.03 Reimbursements from Nonaccountable Plans
.01 Contributions to Accident and Health Plans
.02 Flexible Spending Accounts (FSAs)
.04 Other Employee Fringe Benefits
¶603 Contributions Made to Employees’ Retirement Plans
.01 Qualified Retirement Plans
.02 Employer Contributions
.03 Simplified Employee Pension (SEP) Plans
.04 401(k) and 403(b) Plans
.01 Federal Insurance Contributions Act (FICA)
.02 Federal Unemployment Tax Act (FUTA) Taxes
¶605 Meals and Entertainment Expenses
.02 Combined Business and Personal Travel
.03 Attendance at Conventions
¶607 Transportation Expenses
Chapter 7: Depreciation, Depletion, and Amortization
¶701 The Concept of Depreciation
.01 Financial Accounting Depreciation Rules
.02 Tax Depreciation Rules
¶702 Personal Property Depreciation Rules
.01 General and Alternative MACRS
.02 Provisions Allowing Extra Depreciation in the Year Placed Into Service
.03 Section 179 Immediate Expensing
.04 Special Rules for Passenger Automobiles
¶703 Real Property Depreciation Rules
¶704 Tax Depreciation of Improvements
¶706 Percentage Depletion
.01 Percentage Depletion for Oil and Gas
.02 Small Independent Producers and Royalty Owners
¶707 Intangible Drilling and Development Costs
¶708 Amortization of Section 197 Intangibles
¶709 Amortization of Non-Section 197 Intangibles
¶725 MACRS and ADS Depreciation Tables
¶726 Passenger Automobile Limits
¶727 Inclusion Amounts for Leased Automobiles Placed in Service During 2012
Part III: Transactions Involving Business Property
Chapter 8: Property Transactions: Realized and Recognized Gains and Losses
¶801 Realized vs. Recognized Gains and Losses
¶802 Realized Gains and Losses
¶803 Recognized Gains and Losses
¶804 Losses between Related Parties
.01 Constructive Ownership
.02 Subsequent Use of Disallowed Loss by Purchaser
.01 Substantially Identical
.02 Eventual Recognition of the Loss from the Wash Sale
¶806 Qualified Small Business Stock
¶807 Rollover of Gain on the Sale of Publicly Traded Stock
.01 Calculating the Postponed Gain
.01 Like-Kind Exchange Requirements
.02 Time Frame for Taking Possession of Like-Kind Property
.03 Tax Consequences of a Like-Kind Exchange
.04 Special Rules for Like-Kind Exchanges between Related Parties
¶809 Involuntary Conversions
.01 Postponing the Realized Gain
.02 Qualified Replacement Property
.03 Time Frame for Making the Purchase
.02 Sale of an Installment Note
.03 Installment Sales between Related Parties
.04 Electing Out of the Installment Method
Chapter 9: Property Transactions: Character of Gain or Loss
¶901 The Significance of Capital Gains and Losses
.01 Limitations on Capital Losses
.02 Special Tax Rates on Net Capital Gains
¶902 Generating Capital Gains and Losses
¶903 Sale or Exchange of Capital Assets
.01 Capital Assets Defined
.02 Capital Assets Sold to a Related Party
¶904 Section 1231 Gains and Losses
.01 Significance of Net Section 1231 Gains
.02 Depreciation Recapture
.03 Nonrecaptured Section 1231 Losses
¶905 Business Casualty and Theft Gains and Losses
¶906 Review of the Netting Process
.01 Netting Process for Flow-Through Entities
¶907 Long-Term Capital Gains for Individual Taxpayers
Part IV: Calculating Tax Liability and Taxes Owed
Chapter 10: NOLs, AMT, and Other Business Taxes
¶1001 Tax Treatment of NOLs
¶1002 Calculating a Corporation’s NOL
¶1003 Calculating an Individual Taxpayer’s NOL
.01 Modified Taxable Income
.02 Carryback and Carryover Periods
.03 Deriving Tax Benefits from a NOL
¶1005 Taxpayers Subject to AMT
.01 Corporate Taxpayers Subject to AMT
.02 Individual Taxpayers Subject to AMT
¶1006 The Corporate AMT Formula
.02 Intangible Drilling Costs
.03 Tax-Exempt Interest from Private Activity Bonds
.01 AMT Adjustment for Depreciation
.02 Adjusted Gain or Loss
.03 Amortization Required for Certain Costs
.05 Recomputed Deductions Using the AMT System
.01 AMT Preferences and Adjustments for Individual Taxpayers
.02 AMT Exemption for Individual Taxpayers
.03 AMT Tax Rates for Individual Taxpayers
¶1012 Tax Planning for AMT
¶1013 Corporations Subject to the Accumulated Earnings Tax
¶1014 Calculating the Accumulated Earnings Tax
.01 Adjustments to Taxable Income
.02 Accumulated Earnings Credit
Personal Holding Company Tax
¶1015 Personal Holding Company Defined
.01 Stock Ownership Requirement
¶1016 Undistributed Personal Holding Company Income
¶1101 Tax Savings Generated from a Tax Credit vs. a Tax Deduction
¶1102 Types of Tax Credits
.01 Business vs. Personal Tax Credits
.02 The Motivation Behind Offering Tax Credits
¶1103 General Business Credit
.01 Calculating the General Business Credit
.02 Overall Limitations on the Amount of General Business Credit
.03 Carryback and Carryforward of Unused Credit
.04 Claiming the General Business Credit
Business Tax Credits Aimed at Encouraging Employers to Hire Certain Workers
¶1104 Empowerment Zone Employment Credit
.01 Calculating the Amount of the Credit
¶1105 Work Opportunity Credit
.01 Qualifying for the Credit
.02 Calculating the Amount of the Credit
.03 Coordination with the Empowerment Zone Employment Credit
Tax Credits Aimed at Encouraging Conservation of Energy
Tax Credits Aimed at Rewarding Research in Certain Areas
¶1107 Tax Credit for Increasing Research Activities
.01 Calculating the Amount of the Credit
.03 Qualified Research Expenses
Tax Credits Aimed at Encouraging Economic Development
.01 Calculating the Amount of the Credit
.03 Recapture of the Credit
Tax Credits Used to Subsidize Businesses for Certain Expenditures Made During the Year
¶1110 Employer Social Security Credit
¶1111 Rehabilitation Credit
.01 Calculating the Amount of the Credit
.02 Expenditures Qualifying for the Rehabilitation Credit
.03 When Expenditures May Be Taken into Account
.05 Recapture of the Credit
¶1112 Low-Income Housing Credit
.01 Calculating the Amount of the Credit
.03 Recapture of the Credit
¶1113 Disabled Access Credit
.01 Eligible Small Business Defined
.02 Computing the Amount of the Credit
.03 Eligible Access Expenditures
¶1114 Employer-Provided Child Care Credit
.01 Calculating the Amount of the Credit
.03 Recapture of the Credit
¶1115 Small Employer Health Insurance Credit
.01 Eligible Small Employer
.03 Phaseout of the Credit
Tax Credit for Foreign Income Taxes Paid
.01 Election To Take a Deduction Instead of a Credit for Foreign Income Taxes Paid
.02 Taxpayers Eligible for the Credit
.03 Taxes Eligible for the Foreign Tax Credit
.04 Limitations on the Amount of the Credit
.05 Foreign Tax Credit Carryback and Carryover
Part V: Business Entity Issues and Tax Planning
Chapter 12: Corporate Formation, Distributions, and Other Corporation-Related Tax Issues
Formation of a Corporation
¶1201 Transfer of Property to a Controlled Corporation
.02 Excepted Transactions
.04 Basis in Property Received
¶1202 Calculating the Amount of a Distribution
.01 Reduction for Liabilities
¶1203 Tax Consequences of Dividend Distributions to Shareholders
.01 Corporate Shareholders
.02 Individual Shareholders
¶1204 Distributions Treated as Dividends vs. Return of Capital
.01 Distributions That Do Not Exceed Current Year E&P
.02 Distributions When Current Year E&P Has a Negative Balance
.03 Distributions in Excess of Current Year E&P
¶1205 Constructive Dividends
.01 The Need for the Constructive Dividend Rules
.02 Identifying a Constructive Dividend
.01 Distributions in Lieu of Money or Other Property
.02 Disproportionate Distributions
.03 Distributions of Common and Preferred Stock
.04 Shareholders’ Basis Adjustments and Holding Period
¶1207 Keeping Track of E&P
.01 Adjustments Due to Permanent Differences
.02 Adjustments Due to Timing Differences
.03 Items Requiring No Adjustment to E&P
.04 Effects of Distributions on E&P
Reconciliation of Net Income and Taxable Income
¶1208 Differences between Book Income and Taxable Income
.01 Permanent Differences
¶1209 Schedules M-1 and M-3
Chapter 13: Sole Proprietorships, Partnerships, LLPs, and LLCs
¶1301 Sole Proprietorship vs. a Corporation
.01 Certain Business-Related Expenses Not Deductible as Business Expenses
.02 Expenses Paid or Incurred in Carrying on a Trade or Business
.03 Other Business Expenses as Above the Line Deductions
.04 Passive Activity Losses
¶1302 Tax and Nontax Aspects of Partnerships
.01 Responsibility for Partnership Liabilities
.02 Single Level of Taxation
.03 Responsibility for Making Accounting Elections
¶1303 Why Study Partnership Taxation?
¶1304 Forming a Partnership
.01 Partnership Agreement
.02 Contributions of Property
.03 Partnership’s Basis and Holding Period in Contributed Property
.04 Partner’s Tax Basis and Holding Period in the Partnership Interest
¶1305 Reporting Partnership Operations
.02 Permissible Accounting Methods
.03 Calculating Partnership Income
.04 Allocating Partnership Items
¶1306 Keeping Track of a Partner’s Interest in the Partnership
¶1307 Impact of Distributions to Partners
¶1308 Limited Liability Companies (LLCs) and Limited Liability Partnerships (LLPs)
.01 Entity Classification
Chapter 14: S Corporations
¶1401 The History Behind the S Corporation
¶1402 Advantages and Disadvantages of Operating a Business as an S Corporation
¶1403 Corporations That Can Elect S Status
.01 Permitted Shareholders
.02 100 Shareholder Limit
.03 Single Class of Stock
¶1404 Electing S Corporation Status
¶1405 Termination of S Status
.01 Voluntary Revocation of an S Election
.02 Involuntary Revocation of an S Election
.03 Treatment of S Termination Year
¶1406 Allocating S Corporation Items
.01 Separately vs. Nonseparately-Stated Items
.02 Treatment of Organizational Expenditures
.03 Corporate Preference Items
¶1407 Tax Consequences to Shareholders
.02 When Income Must Be Reported
.03 Character of Items Constituting a Shareholder’s Pro Rata Share
.04 Limits on the Deductibility of Losses
¶1408 Adjustment of Shareholder’s Basis in Stock
¶1409 Adjustment to Basis of Indebtedness to Shareholder
¶1410 Distributions to Shareholders
.01 Accumulated Adjustments Account
.02 S Corporations with No Accumulated E&P
.03 S Corporations with Accumulated E&P
.04 Distributions of Property Other Than Cash
.05 Distributions During the Post-Termination Transition Period
¶1411 Fringe Benefits for Shareholders
¶1412 Corporate Tax on Excess Passive Investment Income
.01 Amounts Subject to Passive Investment Income Tax
.02 Deduction for the Tax
¶1413 Corporate Tax on Built-In Gains
.01 Calculating the Built-In Gains Tax
¶1414 Corporate Tax on LIFO Recapture Amount
Chapter 15: Income Tax Planning for Business
¶1501 Basic Income Tax Planning Tactics
.01 Avoiding the Recognition of Income
.02 Defer Tax by Deferring Income
.03 Defer Tax by Accelerating Deductions
.04 Selection of Tax Entities
.05 Selection of Accounting Methods
.06 Selection of the Tax Year
.07 Converting Ordinary Income Into Capital Gains
.08 Tax Planning Tactics Assuming Preferential Treatment of Capital Gains
.09 Smoothing Year-to-Year Taxable Income
.10 Lowering Marginal Tax Rates by Spreading Income (Family Tax Planning)
¶1502 Other Tax Planning Issues
.01 Compensating Employees and Employee/Owners
.02 The Role of Stock Options
.03 Incentive Stock Options
.04 Nonqualified Stock Options
.05 Other Nonqualified Plans
.06 Deferred Compensation Plans
.07 Nonqualified Deferred Compensation Plans
.08 Funded Nonqualified Plans
.09 Unfunded Deferred Compensation Plans
.10 Restricted Property Plans
.11 Utilizing Retirement Plans for Employees and Employee/Owners
.12 The Two Basic Types of Plans
.14 Profit-Sharing and Stock Bonus Plans
.15 Employee Stock Ownership Plans
.16 Deferred Arrangements—401(k) Plans
¶1503 Income Tax Planning Implications of Disposal of a Closely-Held Business
.01 Disposal of a Sole Proprietorship
.02 Disposal of a Partnership Interest
.03 Disposal of an Interest in a Corporation
Part VI: U.S. Taxation of International Transactions
Chapter 16: Taxation of International Transactions
¶1601 Inbound Transactions
.01 Income Effectively Connected with a U.S. Trade or Business
.02 Income Not Effectively Connected with a U.S. Trade or Business
¶1602 Income Effectively Connected with a U.S. Trade or Business
.02 Business Activities Test
.03 Income that is Not Effectively Connected with a U.S. Trade or Business
¶1603 Outbound Transactions
.01 Deferral of Taxation of Earnings of Controlled Foreign Corporations
.02 Foreign Earned Income Exclusion and Housing Allowance
¶1604 Foreign Tax Credit for Individuals
.01 Limitation to the Foreign Tax Credit
.02 Determining Sources of Income for Purposes of Computing the Limitation to the Foreign Tax Credit
.03 Carryback and Carryforward of the Foreign Tax Credit
.04 Recapture of the Foreign Tax Credit
¶1605 Foreign Tax Credit for Corporations
¶1606 Tax Status of Nonresident Aliens and Foreign Corporations
.01 Who Is a U.S. Person?
.02 What Is a Foreign Person?
.03 Who Is a U.S. Citizen?
.04 Determination of Residency Status
.05 Rules for First and Last Years of Residency
.06 Closer Connection Exception to the Substantial Presence Test
.07 Election to Claim Residency Status
.08 Residency Start and Termination Dates
.09 Distinguishing Between Foreign and Domestic Businesses and Fiduciaries
¶1607 Determining Sources of Income and Deductions
.01 Determining Taxable Income from Sources Outside the United States
.02 Special Rules for Determining the Source of the Income
.05 Compensation for Salaries and Wages and Personal Service Income
.07 Sales of Real Property
.08 Sales of Personal Property
.09 Sales of Natural Resources
.10 Pension and Annuity Distributions
¶1608 Source Rules for Deductions
.01 Special Allocation Rules
.01 Applicability of Expatriation Rules
.02 Tax Impact on Certain Expatriates