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A personal use property casualty loss that occurs in a non federally declared disaster area is deductible only to the extent it exceeds 10% of AGI.

A) True
B) False

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Nonrecaptured § 1231 losses from the six prior tax years may cause current year net § 1231 gain to be treated as ordinary income.

A) True
B) False

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Which of the following is correct?


A) Improperly classifying a § 1231 loss as a capital loss might affect adjusted gross income.
B) Improperly classifying a capital loss as a § 1231 loss might affect adjusted gross income.
C) Misclassifying a § 1231 gain as a short-term capital gain might affect adjusted gross income.
D) Misclassifying a short-term capital gain as a § 1231 gain might affect adjusted gross income.
E) All of the above.

F) B) and C)
G) C) and D)

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If a capital asset is sold at a gain, the holding period is important.

A) True
B) False

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Verway, Inc., has a 2018 net § 1231 gain of $55,000 and had a $62,000 net § 1231 loss in 2016.For 2018, Verway's net § 1231 gain is treated as:


A) $55,000 ordinary loss.
B) $55,000 ordinary gain.
C) $55,000 capital loss.
D) $55,000 capital gain.
E) None of the above.

F) A) and B)
G) None of the above

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Gold Company signs a 13-year franchise agreement with Silver.Silver retained significant powers, rights, and a continuing interest.Gold Company the franchisee) makes noncontingent payments of $18,000 per year for the first four years of the franchise.Gold Company also pays a contingent fee of 2% of gross sales every month.Which of the following statements is correct?


A) Gold Company may deduct the $18,000 per year noncontingent payments in full as they are made.
B) Gold Company may deduct the monthly contingent fee as it is paid.
C) Gold Company may deduct both the noncontingent annual fee and the contingent monthly fees as they are paid.
D) Gold Company may not deduct either the noncontingent annual fee or the contingent monthly fees as they are paid.
E) None of the above.

F) All of the above
G) A) and D)

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Blue Company sold machinery for $45,000 on December 23, 2018.The machinery had been acquired on April 1, 2016, for $69,000 and its adjusted basis was $34,200.The § 1231 gain, § 1245 recapture gain, and § 1231 loss from this transaction are:


A) $0 § 1231 gain, $10,800 § 1245 recapture gain, $0 § 1231 loss.
B) $0 § 1231 gain, $0 § 1245 recapture gain, $14,800 § 1231 loss.
C) $0 § 1231 gain, $34,200 § 1245 recapture gain, $0 § 1231 loss.
D) $0 § 1231 gain, $10,800 § 1245 recapture gain, $34,200 § 1231 loss.
E) None of the above.

F) D) and E)
G) None of the above

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Which of the following is correct concerning short sales of stock?


A) At the time the short sale is made, the taxpayer does not deliver to the purchaser the shares sold short.
B) At the time the short sale is made, the taxpayer delivers to the purchaser the shares sold short.
C) At the time the short sale is made, the taxpayer may already own the shares sold short.
D) At the time the short sale is made, the taxpayer always already owns the shares sold short.
E) None of the above.

F) B) and C)
G) D) and E)

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A worthless security had a holding period of 6 months when it became worthless on December 10, 2018.The investor who had owned the security had a basis of $20,000 for it.Which of the following statements is correct?


A) The investor has a long-term capital loss of $20,000.
B) The investor has a short-term capital loss of $20,000.
C) The investor has a nondeductible loss of $20,000.
D) The investor has a short-term capital gain of $20,000.
E) None of the above.

F) A) and E)
G) All of the above

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An individual taxpayer received a valuable painting from his uncle, a famous painter.The painter created the painting.After the taxpayer held the painting for two years, he sold it for a $400,000 gain.The gain is a long-term capital gain.

A) True
B) False

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A net short-term capital loss first offsets any 28% net long-term capital gain before it offsets either 25% net long- term capital gain or 0%/15%/20% net long-term capital gain.

A) True
B) False

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In 2018, an individual taxpayer has $863,000 of taxable income that includes $48,000 of 0%/15%/20% long-term capital gain.Which of the following statements is correct?


A) All of the LTCG will be taxed at 0%.
B) All of the LTCG will be taxed at 15%.
C) All of the LTCG will be taxed at 20%.
D) Some of the LTCG will be taxed at 15% and some at 20%.
E) None of the above.

F) None of the above
G) A) and C)

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The maximum § 1245 depreciation recapture generally equals the accumulated depreciation.

A) True
B) False

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Which of the following would extinguish the § 1245 recapture potential?


A) An exchange of depreciable business equipment for like-kind business equipment with gain realized, but not recognized.
B) A nontaxable incorporation under § 351.
C) A nontaxable contribution to a partnership under § 721.
D) A nontaxable reorganization.
E) None of the above.

F) All of the above
G) C) and D)

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The tax law requires that capital gains and losses be separated from other types of gains and losses because there are limitations on the deduction of net capital losses.

A) True
B) False

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Short-term capital losses are netted against long-term capital gains and long-term capital losses are netted against short-term capital gains.

A) True
B) False

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On June 1, 2018, Brady purchased an option to buy 1,000 shares of General, Inc.at $40 per share.He purchased the option for $3,000.It was to remain in effect for five months.The market experienced a decline during the latter part of the year, so Brady decided to let the option lapse as of December 1, 2018.On his 2018 tax return, what should Brady report?


A) A $3,000 long-term capital loss.
B) A $3,000 short-term capital loss.
C) A $3,000 § 1231 loss.
D) A $3,000 ordinary loss.
E) None of the above.

F) B) and D)
G) C) and D)

Correct Answer

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Section 1245 depreciation recapture potential does not carryover from a deceased taxpayer to the beneficiary taxpayer.

A) True
B) False

Correct Answer

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Since the Code section that defines "capital asset" says what is not a capital asset, other Code sections have to help determine what is and what is not a capital gain or loss.

A) True
B) False

Correct Answer

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Section 1231 property generally includes certain purchased intangible assets such as patents and goodwill) that are eligible for amortization and held for more than one year.

A) True
B) False

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