Question – Chapter 2: Research Problem 2
When Oprah gave away Pontiac G6 sedans to her TV audience, was the value of the cars taxable? On Labor Day weekend in 2006, World Furniture Mall in Plano, Illinois, gave away $275,000 of furniture because the Chicago Bears shut out the Green Bay Packers in the team’s football season opener at Lambeau Field in Green Bay (26-0). Was the free furniture in the form of a discount or rebate taxable, or should the furniture company have handed the customers a Form 1099-MISC?
Response
After thoroughly researching taxable and nontaxable income, the Pontiac G6 sedans awarded to Oprah’s television audience would have been subject to federal taxation and included in their gross income. The Code of Federal
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Luckily she had won some money playing the game Plinko and had some money saved up in order to pay the state tax ahead of time and then sold the rest of the items minus the car and invested in a food truck business. Unfortunately, not all contestants are that lucky (shine.yahoo.com). As for the discount or rebate regarding the furniture bought by customers the weekend the Chicago Bears shut out the Green Bay Packers, research shows that the amount awarded the customers was regarded as a “cash rebate or refund.” The owner of World Furniture Mall, Randy Gonigam, had advertised the free furniture promotion prior to the weekend that the Chicago Bears played the Green Bay Packers and therefore any customer that bought furniture from World Furniture Mall that weekend was consequently awarded their refund or rebate (furninfo.com). According to the Code of Federal Regulations, “refunds are amounts paid back or a credit allowed on account of an overcollection” (Purchase discounts and allowances, and refunds of expenses). Section 413.98 further states that “all discounts, allowances, and refunds of expenses are reductions in the cost of goods or services purchased and are not income.” In 1956, Pittsburgh Milk v. Commissioner (26 T.C. 707) established the first ruling regarding rebates. The ruling declared that seller-to-buyer rebates
Mrs. Tschetschot works as a database project manager, and was also a professional tournament poker player in 2000. She then claimed a net loss from her tournament poker activity as business losses on her Schedule C. The commissioner determined that this deduction related to the tournament poker should be subject to the limitation provided in Code §165(d) as an itemized deduction, to the extent of the Mrs. Tschetschot’s winnings. Based on that, the commissioner assessed a deficiency of income tax as well as an accuracy-related penalty under Code §6662(a).
Why? The owners capitalized and amortized 50 percent of the purchase price ($12 million) simply because the tax rules allowed it; therefore the
Luckily she had won some money playing the game Plinko and had some money saved up in order to pay the state tax ahead of time and then sold the rest of the items minus the car and invested in a food truck business. Unfortunately, not all contestants are that lucky (shine.yahoo.com).
The Tax Court, per Judge Ruwe, issued an order on May 8, 1995, denying Pope & Talbot 's motion and granting the IRS 's motion. The court 's opinion characterized the issue before it as one of "first impression," and found resort to the legislative history of the statute necessary since the court was unable to "achieve...certainty based on the language of the statute." After reviewing the legislative history of IRC Sec. 311, the court observed the following: It is apparent that the purpose underlying IRC Sec. 311(d) was to tax the appreciation in value that occurred while the corporation held the property and to prevent a corporation from avoiding tax on the inherent gain by distributing such property to its shareholders...It follows that we must focus on the value of the Washington properties as owned by petitioner and value them as if petitioner had sold them at fair market value at the time of distribution.
In 2013 Marianne sold land, building and equipment with a combined basis of $150,000 to an unrelated third party and in return received an installment note of $80,000 per year for five years. Of the $250,000 gain on sale, $150,000 was classified as Section 1245 gain and the remaining $100,000 was Section 1231 gain. In 2013, Marianne had a capital loss carryover of $60,000, $50,000 of which she used to offset her Section 1231 gain; she recognized no Section 1245 gain. The following year she recognized $40,000 of 1245 gain and $10,000 of Section 1231 gain which she promptly offset with the last $10,000 of the capital loss carryover. In 2015, she recognized $50,000 Section 1245 gain and no Section 1231 gain.
Once a gain or loss is recognized, a taxpayer must determine how the recognized gain or loss affects the taxpayer’s tax liability. The character depends on a combination of two factors: purpose or use of the asset and holding period. The purpose or use of the asset is important because the law does not treat all assets equally. The general use categories are: (1) trade or business, (2) for the production of income (rental activities), (3) investment, and (4) personal. Based on these criteria, we can categorize an asset into one of three groups: (1) ordinary, (2) capital, or (3) section 1231. Characterizing the gain or loss is important because all gains and losses are not equal. Ordinary gains and losses are taxed at ordinary income rates, regardless of the holding
Explain the argument over whether or not this should be considered a tax instead of
In the United States today there are millions of corporations in many different industries. All of them must abide by the current taxation rules and regulations that have been set by IRS and congress. The Internal Revenue Code, which was originally founded in 1939, set the foundation for the codification that we have in place today. The code arranged all Federal Tax provisions in a logical order and placed them in a separate part of the federal status. Over the years, congress has updated and amended the tax code in 1954, in 1986 Tax Reform Act, and is constantly updating the code due to its importance in assessing judicial and administrative decisions. The
Carl Keiffer contacted us stating that he has not received his refund. He made a return at store 62 on 4/18 and the funds were not added to his account. Please advise if we can research the footage to ensure the cardholder made the return and if so credit his account accordingly. Thank you in advance.
The United States tax system is in complete disarray. Republicans and Democrats agree that the current tax code is complex, unfair, and costly. The income tax system is so complex; the IRS publishes 480 tax forms and 280 forms to explain the 480 forms (Armey 1). The main reason the tax system is so complex is because of the special preferences such as deductions and tax credits. Complexity in the current tax system forces Americans to spend 5.4 billion hours complying with the tax code, which is more time than it takes to manufacture every car, truck and van produced in the United States (Armey 1). Time is not the only thing that is lost with the current tax system; Americans also lose
Runway discount should record the $25 Referral Credit after the existing client redeems the credit?
Ebates. Ebates is a reward program that will return a percentage of your total online shopping bill to you if you enter the store 's online site through an Ebates link.
· The federal tax credit was summed up to 7,500$ for what is called qualified plug-in electric drive vehicles.
It is reported that almost 50% of retailers and 48% of manufacturers use rebates programs as part of their customer loyalty and promotions mix (Group, 2011). To be successful, rebates often call for custom-made
For purposes of the GRT, a presumption exists that all receipts of a person engaging in business are subject to the GRT, unless the taxpayer can make an affirmative showing that the receipts are not taxable. The taxpayer bears the burden of proving any exemption or deduction.