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You Decide Project Federal Taxes

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John’s Tax Issues

1. (a) Fees received by a professional, like an attorney, are considered, by the IRS, as business income (Topic 407). The $300,000 will be treated as income for this year, but we can deduct any business expenses to help curb your tax liability.

(b) An expense recovery is a reimbursement for expenses paid in prior years. These expenses were deducted on prior years returns. According to the Internal Revenue Service’s Publication 17, a tax payer must include recoveries in income during the year that it was received up to the amount that was deducted or credited to reduce your tax in prior years. We would need to look at your prior years returns, and since the recovery is for 2 years or more, we need to allocate on a “pro rata” basis the amount recovered. This will help us to determine if there is a deductible amount for this year, and how much to include in your income.

(c) In order to reduce the taxable amount of John Smith, the prior year’s returns should be reviewed in order to establish minimum reportable expense recovery revenue. The settlement revenue needs to be added to business revenue for this year, and then all applicable business expenses can be deducted.

Jane’s Tax Issues

2. (a) The interest and taxes that you pay on your home are tax deductible. If by selling your home, you have a gain, the IRS does generally allows you to exclude a gain of up to $250,000 (Topic 701). However, if you use the money to pay off your mortgage, you might be losing other tax saving benefits. Putting the earned income into a retirement account, like a 401k, can help to lower your current tax liability.

(b) According to the IRS, a 1031 Like-Kind Exchange would not be permissible in this case. The IRS defines like properties as “of like-kind, if they are of the same nature or character, even if they differ in grade or quality”, but

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