Case Study: Memo Analyzing Various Tax Issues

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Memo To: John & Jane Smith From: Zachary R. Munger Date: [ 5/27/2012 ] Re: Memo summarizing various tax issues 1. John Smith's tax issues: Issue a) How is the $300,000 treated for purposes of federal tax income? Refer to IRS Section 104 (Compensation for Injuries or Sickness (Also Section 105- Amounts Received Under Accident and Health Plans)). John would have to include everything he received for the services provided as gross income. This would be in addition to his wages, salaries, commissions and other fees that he normally earns as an attorney. According to IRS Section 104, which says that lawsuits won in personal injury suits are non-taxable, however, John has provided his client a service and received compensation for…show more content…
Jane Smith tax issues: Issue a) What are the different tax consequences between paying down the mortgage (debt) and assuming a new mortgage (debt) for federal income tax purposes? If John and Jane decide to pay off their mortgage and then selling the property they would have a larger gain than if they just sold the house and purchased another one after the sale of their current home. Since that money would then be used to pay off the current mortgage and then focus on paying the second home they would be taxed differently. Since the value of their home along with how much equity they have in it will affect how large their recognizable gain is they should consider that before making any decisions. (3) Issue b) Can John and Jane Smith utilize a 1031 tax exchange to buy a more expensive house using additional money from John's case? A married couple that files a joint return can exclude up to $500,000 of gain when they sell their house (if they have owned and lived in it for 2 out of the last 5 years). If this is the case and 100% of the gain is excludable they wouldn’t need to report this on their tax return. If only part of that is excludable then they would report the sale of their home on Schedule D of Form 1040 and put “Section 121 Exclusions” as the explanation. Since this new home will be their primary residence then they cannot utilize a 1031 tax exchange to defer the gain. (7,

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