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AI<strong>CPA</strong><br />

<strong>CPA</strong>-REGULATION<br />

<strong>CPA</strong> <strong>Regulation</strong><br />

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Question 1<br />

Parker, whose spouse died dur<strong>in</strong>g the preced<strong>in</strong>g year, has not remarried. Parker ma<strong>in</strong>ta<strong>in</strong>s a home for a<br />

dependent child. What is Parker's most advantageous fl<strong>in</strong>g status?<br />

A. S<strong>in</strong>gle.<br />

B. Head of household.<br />

C. Married fl<strong>in</strong>g separately.<br />

D. Qualify<strong>in</strong>g widow(er) with dependent child.<br />

Aoswern D<br />

Explanaton<br />

Choice "d" is correct. A qualify<strong>in</strong>g widow (er) is a taxpayer who may use the jo<strong>in</strong>t tax return standard<br />

deducton and rates (but not the exempton for the deceased spouse) for each of two taxable years<br />

follow<strong>in</strong>g the year of death of his or her spouse, unless he or she remarries. The surviv<strong>in</strong>g spouse must<br />

ma<strong>in</strong>ta<strong>in</strong> a household that, for the whole entre taxable year, was the pr<strong>in</strong>cipal place of abode of a son,<br />

stepson, daughter, or stepdaughter (whether by blood or adopton). The surviv<strong>in</strong>g spouse must also be<br />

enttled to a dependency exempton for such <strong>in</strong>dividual. Parker may fle as a qualify<strong>in</strong>g widow (er) s<strong>in</strong>ce<br />

her spouse died <strong>in</strong> the previous tax year, she did not remarry and she ma<strong>in</strong>ta<strong>in</strong>ed a home for a<br />

dependent child. S<strong>in</strong>ce, qualify<strong>in</strong>g widow (er) is the most advantageous status and Parker qualifes,<br />

Parker would fle as a qualify<strong>in</strong>g widow (er).<br />

Choice "a" is <strong>in</strong>correct. Even though Parker would qualify as s<strong>in</strong>gle, fl<strong>in</strong>g s<strong>in</strong>gle would give Parker a high<br />

tax liability than the qualify<strong>in</strong>g widow (er) status and therefore is not most advantageous.<br />

Choice "b" is <strong>in</strong>correct. Parker would not qualify as head of household for the frst two years afer the<br />

death of Parker's spouse because one of the requirements for Head of Household status is that the<br />

taxpayer is NOT a surviv<strong>in</strong>g spouse. (Also, note that the likely reason for this requirement is that fl<strong>in</strong>g as<br />

Head of Household status would give the qualify<strong>in</strong>g surviv<strong>in</strong>g spouse taxpayer a higher tax liability than<br />

the Qualify<strong>in</strong>g Widow(er) status, which would be less advantageous.)<br />

Choice "c" is <strong>in</strong>correct. Parker would not qualify to fle married fl<strong>in</strong>g separately.<br />

Question 2<br />

In which of the follow<strong>in</strong>g situatons may taxpayers fle as married fl<strong>in</strong>g jo<strong>in</strong>tly?<br />

A. Taxpayers who were married but lived apart dur<strong>in</strong>g the year.<br />

B. Taxpayers who were married but lived under a legal separaton agreement at the end of the year.<br />

C. Taxpayers who were divorced dur<strong>in</strong>g the year.<br />

D. Taxpayers who were legally separated but lived together for the entre year.<br />

Aoswern A<br />

Explanaton<br />

RULE: In order to fle a jo<strong>in</strong>t return, the partes must be MARRIED at the end of the year. Excepton: If the


partes are married but are LEGALLY SEPARATED under the laws of the state <strong>in</strong> which they reside, they<br />

cannot fle a jo<strong>in</strong>t return (they will fle either under the s<strong>in</strong>gle or head of household fl<strong>in</strong>g status).<br />

Choice "a" is correct. Per the above rule, taxpayers who are married but lived apart dur<strong>in</strong>g the year are<br />

allowed to fle a jo<strong>in</strong>t return for the year. The fact that they did not live together dur<strong>in</strong>g the year has no<br />

bear<strong>in</strong>g on the issue.<br />

Choice "b" is <strong>in</strong>correct. Per the above rule, taxpayers who are married but lived under a legal separaton<br />

agreement at the end of the year may not fle a jo<strong>in</strong>t return. They will generally fle either under the<br />

s<strong>in</strong>gle or head of household fl<strong>in</strong>g status.<br />

Choice "c" is <strong>in</strong>correct. Per the above rule, taxpayers who were divorced dur<strong>in</strong>g the year may not fle a<br />

jo<strong>in</strong>t return together, as they are not married at the end of the year. [Note, however, that they may<br />

become married aga<strong>in</strong> <strong>in</strong> the year and fle a jo<strong>in</strong>t return with the new spouse.]<br />

Choice "d" is <strong>in</strong>correct. Per the above rule, taxpayers who were legally separated but lived together for<br />

the entre year may not fle a jo<strong>in</strong>t return. They will generally fle either under the s<strong>in</strong>gle or head of<br />

household fl<strong>in</strong>g status.<br />

Question 3<br />

Barkley owns a vacaton cab<strong>in</strong> that was rented to unrelated partes for 10 days dur<strong>in</strong>g the year for<br />

$2,500. The cab<strong>in</strong> was used personally by Barkley for three months and lef vacant for the rest of the<br />

year. Expenses for the cab<strong>in</strong> were as follows:<br />

Real estate taxes $1,000<br />

Ma<strong>in</strong>tenance and utlites $2,000<br />

How much rental <strong>in</strong>come (loss) is <strong>in</strong>cluded <strong>in</strong> Barkley's adjusted gross <strong>in</strong>come?<br />

A. $0<br />

B. $500<br />

C. $(500)<br />

D. $(1,500)<br />

Aoswern A<br />

Explanaton<br />

RULE: If a vacaton residence is rented for less than 15 days per year, it is treated as a personal residence.<br />

The rental <strong>in</strong>come is excluded from <strong>in</strong>come, and mortgage <strong>in</strong>terest (frst or second home) and real estate<br />

taxes are allowed as itemized deductons. Depreciaton, utlites, and repairs are not deductble.<br />

Choice "a" is correct. Apply<strong>in</strong>g the rule above, if a vacaton residence is rented for less than 15 days per<br />

year, it is treated as a personal residence. The rental <strong>in</strong>come ($2,500 <strong>in</strong> this case) is excluded from<br />

<strong>in</strong>come. A Schedule E is not fled for this property (i.e., no <strong>in</strong>come is reported, the taxes are reported as<br />

itemized deductons, and the ma<strong>in</strong>tenance and utlites are not deductble), so the efect on AGI is zero.<br />

Choice "b" is <strong>in</strong>correct. This assumes that the property taxes are reported as itemized deductons but<br />

that the rental <strong>in</strong>come ($2,500) less the ma<strong>in</strong>tenance and utlites ($2,000) are reported net on Schedule<br />

E.<br />

Per the above RULE, the rental <strong>in</strong>come is excluded from <strong>in</strong>come, and the ma<strong>in</strong>tenance and utlites are<br />

not deductble.<br />

Choice "c" is <strong>in</strong>correct. This assumes that all of the items shown are reported net on the Schedule E-<br />

$2,500 - $1,000 - $2,000 = ($500). Per the above RULE, the rental <strong>in</strong>come is excluded from <strong>in</strong>come, the<br />

ma<strong>in</strong>tenance and utlites are not deductble, and the property taxes are reported on Schedule A as an


itemized deducton.<br />

Choice "d" is <strong>in</strong>correct, per the above rule and discussion.<br />

Question 4<br />

In evaluatng the hierarchy of authority <strong>in</strong> tax law, which of the follow<strong>in</strong>g carries the greatest<br />

authoritatve value for tax plann<strong>in</strong>g of transactons?<br />

A. Internal Revenue Code.<br />

B. IRS regulatons.<br />

C. Tax court decisions.<br />

D. IRS agents' reports.<br />

Aoswern A<br />

Explanaton<br />

Note: This queston is addressed <strong>in</strong> your Appendix D text materials. We are confdent that our students<br />

would be able to respond correctly over 85% of the tme without any guidance on this topic. The answer<br />

is rather obvious. Just by look<strong>in</strong>g at the answer optons, you will immediately notce that Opton A is<br />

presented <strong>in</strong> ttle case. This would be a quick sign that it may be the correct response. Further, we<br />

suspect that most students would narrow the optons down to "a" or "b" by simply us<strong>in</strong>g common sense.<br />

While we are confdent that our students would fare well on this queston if it appeared on their exams,<br />

we present the follow<strong>in</strong>g detailed explanaton of the answer optons.<br />

Choice "a" is correct. Accord<strong>in</strong>g to the IRS's website under Tax Code, Regulatons and Ofcial Guidance,<br />

the "federal tax law beg<strong>in</strong>s with the Internal Revenue Code (IRC), [which was] enacted by Congress <strong>in</strong><br />

Title 26 of the United States Code (26 U.S.C.)." The IRC holds the most authoritatve value.<br />

Choice "b" is <strong>in</strong>correct. Accord<strong>in</strong>g to the IRS's website under Tax Code, Regulatons and Ofcial Guidance,<br />

the IRS regulatons or "Treasury regulatons (26 C.F.R.)-commonly referred to as Federal tax regulatonspick<br />

up where the Internal Revenue Code (IRC) leaves of by provid<strong>in</strong>g the ofcial <strong>in</strong>terpretaton of the<br />

IRS by the U.S. Department of Treasury." Regulatons give directons on how to apply the law outl<strong>in</strong>ed <strong>in</strong><br />

the Internal Revenue Code. Regulatons have the second most force and efect, second only to the IRC.<br />

Choice "c" is <strong>in</strong>correct. Tax court decisions <strong>in</strong>terpret the Internal Revenue Code. They do not have the<br />

authority of the IRC.<br />

Choice "d" is <strong>in</strong>correct. The reports of IRS agents are used to report on specifc taxpayer situatons. IRS<br />

agents' reports apply the Internal Revenue Code, IRS regulatons, and other forms of authoritatve<br />

literature, but they do not hold the value that the IRC, the IRS regulatons, or even tax court decisions<br />

have.<br />

Individual Taxaton - Exemptons<br />

Question 5<br />

In 19X4, Smith, a divorced person, provided over one half the support for his widowed mother, Ruth, and<br />

his son, Clay, both of whom are U.S. citzens. Dur<strong>in</strong>g 19X4, Ruth did not live with Smith. She received<br />

$9,000 <strong>in</strong> Social Security benefts. Clay, a 25 year-old full-tme graduate student, and his wife lived with<br />

Smith. Clay had no <strong>in</strong>come but fled a jo<strong>in</strong>t return for 19X4, ow<strong>in</strong>g an additonal $500 <strong>in</strong> taxes on his<br />

wife's <strong>in</strong>come. How many exemptons was Smith enttled to claim on his 19X4 tax return?


A. 4<br />

B. 3<br />

C. 2<br />

D. 1<br />

Aoswern C<br />

Explanaton<br />

Choice "c" is correct. Smith is enttled to an exempton for himself. He is also enttled to an exempton for<br />

his mother Ruth (qualify<strong>in</strong>g relatve). Ruth has $9,000 <strong>in</strong> Social Security payments dur<strong>in</strong>g 19X4, but s<strong>in</strong>ce<br />

that is her only <strong>in</strong>come, the Social Security is not taxable, and nontaxable <strong>in</strong>come does not count <strong>in</strong><br />

calculatng whether an exempton can be taken for a dependent. Clay cannot be taken as a dependent<br />

because he fled a jo<strong>in</strong>t return with his wife. S<strong>in</strong>ce the jo<strong>in</strong>t return was fled for a purpose other than<br />

simply claim<strong>in</strong>g a refund, the jo<strong>in</strong>t return prevents Smith from claim<strong>in</strong>g an exempton for Clay. An<br />

exempton cannot be taken for Clay's wife because she fled a jo<strong>in</strong>t return with Clay. Smith is enttled to<br />

two exemptons.<br />

Choice "a" is <strong>in</strong>correct. Clay cannot be taken as a dependent because he fled a jo<strong>in</strong>t return with his wife.<br />

S<strong>in</strong>ce the jo<strong>in</strong>t return was fled for a purpose other than simply claim<strong>in</strong>g a refund, the jo<strong>in</strong>t return<br />

prevents Smith from claim<strong>in</strong>g an exempton for Clay. An exempton cannot be taken for Clay's wife<br />

because she fled a jo<strong>in</strong>t return with Clay.<br />

Choice "b" is <strong>in</strong>correct. Clay cannot be taken as a dependent because he fled a jo<strong>in</strong>t return with his wife.<br />

S<strong>in</strong>ce the jo<strong>in</strong>t return was fled for a purpose other than simply claim<strong>in</strong>g a refund, the jo<strong>in</strong>t return<br />

prevents Smith from claim<strong>in</strong>g an exempton for Clay. An exempton cannot be taken for Clay's wife<br />

because she fled a jo<strong>in</strong>t return with Clay.<br />

Choice "d" is <strong>in</strong>correct. Smith is enttled to an exempton for his mother, Ruth. Ruth has $9,000 <strong>in</strong> Social<br />

Security payments dur<strong>in</strong>g 19X4, but because that is her only <strong>in</strong>come, the Social Security <strong>in</strong>come is not<br />

taxable, and nontaxable <strong>in</strong>come does not count <strong>in</strong> calculatng whether an exempton can be taken for a<br />

dependent.<br />

Individual Taxaton - Gross Income<br />

Question 6<br />

Darr, an employee of Sorce C corporaton, is not a shareholder. Which of the follow<strong>in</strong>g would be <strong>in</strong>cluded<br />

<strong>in</strong> a taxpayer's gross <strong>in</strong>come?<br />

A. Employer-provided medical <strong>in</strong>surance coverage under a health plan.<br />

B. A $10,000 gif from the taxpayer's grandparents.<br />

C. The fair market value of land that the taxpayer <strong>in</strong>herited from an uncle.<br />

D. The dividend <strong>in</strong>come on shares of stock that the taxpayer received for services rendered.<br />

Aoswern D<br />

Explanaton<br />

Choice "d" is correct. An <strong>in</strong>dividual receiv<strong>in</strong>g common stock for services rendered must recognize the fair<br />

market value as ord<strong>in</strong>ary <strong>in</strong>come. Any dividends received on that stock would also result <strong>in</strong> <strong>in</strong>come<br />

recogniton.<br />

Choice "a" is <strong>in</strong>correct. Employer-provided medical <strong>in</strong>surance is a tax-free fr<strong>in</strong>ge beneft.


Choices "b" and "c" are <strong>in</strong>correct. Gifs and <strong>in</strong>heritances are both tax-free to the recipient. (Remember<br />

tax is ofen paid by the person giv<strong>in</strong>g the gif or the estate at death.)<br />

Question 7<br />

Adams owns a second residence that is used for both personal and rental purposes. Dur<strong>in</strong>g 2001, Adams<br />

used the second residence for 50 days and rented the residence for 200 days. Which of the follow<strong>in</strong>g<br />

statements is correct?<br />

A. Depreciaton may not be deducted on the property under any circumstances.<br />

B. A rental loss may be deducted if rental-related expenses exceed rental <strong>in</strong>come.<br />

C. Utlites and ma<strong>in</strong>tenance on the property must be divided between personal and rental use.<br />

D. All mortgage <strong>in</strong>terest and taxes on the property will be deducted to determ<strong>in</strong>e the property's net<br />

<strong>in</strong>come or loss.<br />

Aoswern C<br />

Explanaton<br />

Choice "c" is correct. Because the second property was personally used more than 14 days, any net loss<br />

from the rental of the property will be disallowed.<br />

All related expenses must be prorated between the personal use porton and the rental actvity porton.<br />

Prorated depreciaton is permited for the rental actvity.


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