Burning Hope Survivors of the Jewish Holocaust - 1170 Words

Those who survived are here to tell the tragic and devastating history of their lives. The survivors have shared brutal but yet realistic stories from each of their experiences before, during, and after the Holocaust. History shall never repeat itself in the manner of racism, murder, and fear of our leaders. The burning hope of those who were involved still generates an enormous sadness upon the many who have heard the horror of the Holocaust. There was a sense of peace and prosperity among those established in the European area. Their lives were comparable to the life of the average American today. There were religious, speech, and physical freedoms still available to those who wanted them. Children laughed, families were united, and†¦show more content†¦Upon arrival at a concentration camp, victims did not realized what these â€Å"camps† consisted of. Some say that they didn’t exist. Others knew exactly what occurred at these camps from gossip or friends tha t had escaped. Uniforms were issued to each individual according to the crime they had committed. A yellow triangle placed on the uniform displayed that you were Jewish. Pink triangles displayed homosexuality. Triangles with a brown tint exhibited gypsies. Red triangles paraded communism. Triangles that were green displayed that a prisoner was a criminal. A double lined electric barbed fence surrounded all camps in Europe. Snipers then sat in stands to view the camp from above. At night they would use spotlights to guard the surroundings. Scattered around the grounds would be about a dozen soldiers marching the premises looking and scavenging around for mishap. It was as if the people within the camp were animals, restrained and punished when committing a wrongdoing. â€Å"When someone would disobey or not listen to a guard, we would be forced to strip down to the nude and roll around in hot coals until the body bled from everywhere. Once this was complete, you either died from infection or suffered severe burns.† (David 91). Seven million were forced to work at a concentration camp during the Holocaust. This boosted the economy because this was unpaid labor. Concentration camps existed because the Nazis couldn’t just exterminate all Jews orShow MoreRelatedJewish Literature And The Holocaust899 Words   |  4 PagesHolocaust literature is one of the emerging field in literature during the second half of the twentieth century. Several Holocaust survivors wrote about the atrocities they witnessed and their experiences during the incarceration. The word â€Å"Holocaust† encompasses images of death, horror, and inhumanity. Although many survivors find it difficult to talk aabout their experience, some of the took an oath to use their pen to protest against such horrible genocide and to make sure that this would neverRead MoreNazi Death Camps in the Night by Elie Wiesel833 Words   |  4 Pagesof 1944 and 1945. Elie and his family of 4 ar e optimistic when Germany begins to take power. Germany invades Hungary, then arrives in Elie’s town. The Nazi’s begin to take over the Jews by limiting their freedom. Jews are eventually deported. The Jewish people are crowded into wagons where they are shipped to Auschwitz. He is separated from his mother and sister. Over the course of the book, Elie and his father are sent to two different concentration camps. Their final concentration camp is BuchenwaldRead MoreEssay on Holocaust: The Unforgettable1569 Words   |  7 Pageshistory of the Holocaust is taught systematically in all school systems throughout America and most of the known-world. The atrocities committed by Nazi-Germany are well-known and are likely to never be forgotten. The proof behind Hitler’s Final Solution is undeniable. However, with the rise of Holocaust deniers comes the grave danger of forgetting the truth behind the Holocaust, and dooming ourselves to repeating history once again. Holo caust deniers claim that certain events of the Holocaust never happenedRead MoreEssay on Nightfather by Carl Friedman834 Words   |  4 PagesRunning and screaming. Burning and freezing. The survivors of the Holocaust have been through it all. Their stories describe each and every detail of the horrendous events they experienced. Although the book Nightfather is fiction, the stories described depict the actual Holocaust exactly. By dissecting the time period of Carl Friedman’s Nightfather, a reader can understand the elements of fiction and realize the impact of history on fictional literature. This book takes place sometime during theRead MoreSchindlers List Essay1473 Words   |  6 PagesSix million Jewish residents of Eastern Europe were exterminated during the Holocaust of the 1940’s. Families were taken out of their homes and put into ghettos, which were large prison type establishments that housed dozens of people in one small apartment. They were then separated from their families, men to the left and women to the right, and were placed in concentration camps, where most of them were killed and cremated. In 1993, Steven Spielberg directed a film, Schindler’s List, which depictedRead MoreEssay on The History and Hardships of the Jewish People1441 Words   |  6 PagesSince the beginning of the Judaism, the Jewish people have been subject to hardships and discrimination. They have not been allowed to have a stabile place of worship and have also faced persecution and atrocities that most of us can not even imagine. Three events that have had a big imp act on the Jewish faith were the building and destruction of the First Great Temple, the Second Great Temple and the events of the Holocaust. In this paper, I will discuss these three events and also explain and giveRead MoreThe Holocaust : The World s Perspective Essay1455 Words   |  6 Pageswhole story of the Holocaust, they only know of bits and pieces. Most people know that Hitler rose to command and had a strong dislike of specific groups of people, which consequently began the Holocaust. The Holocaust changed the whole world’s perspective. Our fellow human were tortured, starved, and burned alive for being different from society. I wrote this essay to show that there is always another side to a story. Now I give you â€Å"The Holocaust Revealed†. The Holocaust began in January ofRead MoreThe Holocaust : Its Causes And How It Was Carried Out1497 Words   |  6 PagesDestiny Corbitt Shawn Underell The Holocaust 21 February 2016 The Holocaust The holocaust is one of the memorable events in history and it is important to know some of its causes and how it was carried out. The Holocaust is a controlled torture that killed roughly six million Jews by the Nazi government, led by Adolf Hitler. Apart from the Jews, other groups considered inferior or anti-establishment such as Poles, Romans and gypsies were also killed. There were several reasons for these grisly murdersRead MoreThe Train Car As A Symbol Of The Extermination1337 Words   |  6 Pagesthe case of the Holocaust, symbols are used to materially express the nearly unfathomably reality of its events. But, what do we do with often emotionally charged perceptions of history? Symbols can be used as evidence, and as a way to connect the past to the present commemorating the time period in which they encapsulate. But symbols are culturally created, as objects are assigned a meaning often during but more importantly after events have passed. In the case of the Holocaust, the train car Read MoreWhy Is The Killing Of A Million A Lesser Crime?1440 Words   |  6 Pagesthe killing of a million a lesser crime than the killing of an individual?† -Raphael Lemkin referring to genocides. Genocides are organized exterminations committed with intent to destroy a whole group based on religion, ethnicity, and race. The Holocaust, the Armenian genocide, Darfur, and the Rwanda genocide were all terrible events in history, but why did they occur? The form of genocide had existed since the perception of superiority and inferiority was known. As a superior group gains more

Chapter 20 Free Essays

Chapter 20 Free Essays string(85) " by debt is not only contributing the property to the partnership but also the debt\." Chapter 20 Forming and Operating Partnerships Solution Manual Discussion Questions: 1. [LO 1] What is a flow-through entity, and what effect does this designation have on how business entities and their owners are taxed? Flow-through entities are entities that are not taxed on the entity level; rather, these entities are taxed on the owner’s level. These types of entities conduct a regular business; however, the income earned and deductions allowed are passed to the owners of these flow-through entities, and the owners are taxed on the amount allocated to them. We will write a custom essay sample on Chapter 20 or any similar topic only for you Order Now Thus, flow-through entities provide a way for income and deductions to be taxed only once instead of twice. 2. [LO 1] What types of business entities are taxed as flow-through entities? The two main business entities that are taxed as flow-through entities are partnerships and S corporations. Partnerships are taxed under Subchapter K and consist of general partnerships, limited partnerships, and limited liability companies (LLC). S corporations are taxed under Subchapter S. Both these types of business entities are treated as flow-through entities and are taxed accordingly. 3. LO 1] Compare and contrast the aggregate and entity concepts for taxing partnerships and their partners. The aggregate concept treats partnerships more like a conglomeration of individual owners. Each partnership is viewed as an aggregation of the partners’ separate interests in the assets and liabilities of the partnership. For example, each partner, rather than the partnership, pays tax on their indivi dual share of partnership income. The entity concept treats partnerships more like a corporation. Each partnership is an entity separate from its partners. For example, the artnership decides on which tax method to use and which tax elections to make rather than the individual partners. 4. [LO 2] What is a partnership interest, and what specific economic rights or entitlements are included with it? A partnership interest is an equity interest in a partnership. This interest is created through a transfer or sale of cash, property, or services in exchange for an equity interest in the partnership. A partnership interest gives each partner certain rights or entitlements. The two main economic rights are a capital interest and profit interest in the partnership. A capital interest is the right for a partner to receive a share of the partnership assets during liquidation. A profit interest is the right or obligation for a partner to receive a share of the future income or losses of the partnership. 5. [LO 2] What is the rationale for requiring partners to defer most gains and all losses when they contribute property to a partnership? The rationale for requiring partners to defer most gains and losses when contributing property to a partnership is twofold. First, the IRS desires that entrepreneurs have a way to start their own business without having to pay any taxes upfront. Second, the partners are considered still owning the property they have contributed to the partnership. While they don’t own the property outright, each partner has a small percentage of the property contributed in her/his partnership interest she/he exchanged for. This second reasoning helps further support the idea that partnerships follow the aggregate concept. 6. [LO 2] Under what circumstances is it possible for partners to recognize gain when contributing property to partnerships? Partners have the potential of recognizing gain on the contribution of property when the property contributed is secured by debt. In determining whether gain must be recognized, the partner must assess the cash deemed to have received from the partnership distribution compared with the tax basis of the partner’s partnership interest prior to the deemed distribution. This happens if the assumption of the partner’s liabilities is in excess of the partner’s basis of the contributed property. If the cash deemed to have received exceeds the tax basis, then a gain must be recognized. This circumstance occurs due to the negative basis created for the partner, which is not allowed under partnership tax law. . [LO 2] What is inside basis and outside basis, and why are they relevant for taxing partnerships and partners? An inside basis, in relation to partnerships, is the basis the partnership takes in the assets that the partnership holds. An outside basis, in relation to partnerships, is the tax basis each partner has in the partnership. The inside basis is necessary to compute the gain/loss recogn ized on all property sold by the partnership. The outside basis is necessary to compute the gain/loss recognized on the partnership interest when sold. For tax purposes, the inside basis is similar to the basis the partner had in the property prior to contribution. On the other hand, the outside basis corresponds not only to the contributed property, but also to the debt and income/losses of the partnership. 8. [LO 2] What is recourse and nonrecourse debt, and how is each generally allocated to partners? Recourse debt is debt for which partners are considered to have an economic risk of loss. This type of debt partners are legally liable for and must satisfy personally if the partnership cannot. An example of recourse debt is accounts payable. Nonrecourse debt is debt for which no partners are considered to have an economic risk of loss in. This is a debt for which partners are not legally liable for. An example of nonrecourse debt is a mortgage. In regards to a partnership’s debt, recourse debt is allocated to those partners that have the ultimate responsibility of paying the debt. The debt is allocated to the partners that have an economic risk of loss. On the other hand, nonrecourse debt is generally allocated to the partners according to their profit sharing ratios. Despite the partners not being legally liable for some debt, all debt is allocated to adjust the outside basis of the partners. 9. [LO 2] How does the amount of debt allocated to a partner affect the amount of gain a partner recognizes when contributing property secured by debt? A partner that contributes property secured by debt is not only contributing the property to the partnership but also the debt. You read "Chapter 20" in category "Papers" In calculating the outside basis of the partner, the partner must take her/his tax basis in the property and decrease her/his basis by the amount of the property’s debt. Next, the property’s debt is allocated to each partner according to who is ultimately responsible for it or by each partner’s profit-sharing ratio. If the partner is not allocated enough debt, the partner’s outside basis will become negative and a gain must be recognized. Thus, a partner can only avoid gain by obtaining enough of the partnership debt to keep her/his basis at least above zero. 10. [LO 2] What is a tax-basis capital account, and what type of tax-related information does it provide? A tax-basis capital account is an equity account that is created for each partner of the partnership. This account is measured using the tax accounting rules. The account reflects tax basis of any capital contributions (i. e. , property and cash), capital distributions, and future earnings and losses allocated to that partner. Additionally, a tax-basis capital account can provide more tax-related information for each partner. For instance, each partner’s share of inside basis of the partnership’s assets can be calculated by adding the partner’s share of debt to her/his capital account. Furthermore, if a partner acquires her/his interests by contributing property tax-free, then the partner’s outside basis will be equal to that partner’s share of partnership inside basis. 11. [LO 2] Distinguish between a capital interest and a profits interest, and explain how partners and partnerships treat when exchanging them for services provided. A partnership interest can be broken down into two distinct rights: (1) capital interest and (2) profits interest. To become a partner in a partnership, you will receive at least one of these rights. A capital interest is the right to receive a share of the partnership assets at liquidation. A profits interest is the right to share in the future earnings and losses of the partnership. While these rights are given to most partners that contribute cash or property, special rules exist when these rights are given to partners in exchange for services. When a partner receives a capital interest in exchange for services rendered to the partnership, the partner must treat the liquidation value of the capital interest as ordinary income. Further, the tax basis for the partner will be equivalent to the amount of ordinary income recognized. The holding period for this tax basis will begin on the date the capital interest is received. From the partnership’s perspective, the partnership can deduct or capitalize the value of the capital interest depending upon the type of services rendered. This is determined on a fact and circumstance basis. Additionally, the amount deducted by the partnership is allocated to the non-service partners as consideration for effectively transferring a portion of their capital interest to the service partner. When a partner receives a profit interest in exchange for services rendered to the partnership, the partner has no immediate tax impact because they have no liquidation value at the time they are received. Thus, the non-service partners will not receive any deductions for the additional partner to the partnership. As the partnership makes future profits and losses, the service partner will be allocated her/his portion of these losses according to the profit sharing ratios. The debt allocated to non-service partners must also be redistributed with the additional service partner receiving her/his portion of debt. Therefore, the tax basis of a service partner with only a profit interest will either be zero or the portion of debt the partner is allocated. 12. [LO 2] How do partners who purchase a partnership interest determine the tax basis and holding period of their partnership interests? When a partner purchases a partnership interest, the initial tax basis for the partner is a determined by taking the cost basis of the interest the partner purchased and adding to this basis any debt allocated to the partner’s interest. The holding period for this purchased interest will begin on the date that the partner purchased the partnership interest. 3. [LO 3] Why do you think partnerships, rather than the individual partners, are responsible for making most of the tax elections related to the operation of the partnership? The responsibility for the partnership, not the partners, to make the majority of tax elections regarding the operation of the partnership is twofold. First, partnerships can consist of many different partners ranging from two to hundreds. The hassle to obtain every partner’s approval on what elections to make would be very time consuming. The costs would more than likely outweigh the benefits in performing this function. Second, in many partnerships only a few partners are actively involved in the management of the partnership. The limited partners have ownership to obtain a tax advantage on their own personal returns. Thus, the entity concept would appear more reasonable when dealing with the actual operations of the partnership. 14. [LO 3] If a partner with a taxable year-end of December 31 is in a partnership with a March 31 taxable year-end, how many months of deferral will the partner receive? Why? A partner with a calendar year end will receive nine months of deferral in her/his partnership interest that has a March 31 year end. A partner must report the income or loss of the partnership not at the partner’s year end but at the partnership’s year end. Thus, the first year of the partnership will be reported by the partner on her/his return which includes the partnership’s year end, which allows the partner to defer the first nine months of income or loss from the partnership into the succeeding tax year. 15. [LO 3] In what situation will there be a common year-end for the principal partners when there is no majority interest taxable year? The principal partner test states that the required tax year is the taxable year all the principal partners have in common. A principal partner is a partner that owns at least 5 percent interest in the partnership profits and capital. For the principal partner test to pass and not the majority interest test, the partnership must consists of numerous partners that (1) own less than 5 percent profit and capital interest and (2) have a variety of fiscal year ends. For example, if four partners with a calendar year end owned 10 percent and 20 additional partners with differing fiscal year ends owned less than 5 percent, then the majority test would not pass, but the principal partners test would. 6. [LO 3] Explain the least aggregate deferral test for determining a partnership’s year end and discuss when it applies. The least aggregate deferral test is the last resort test that a partnership must follow when figuring out the partnership year end. The first test is the majority interest test. The second test is the principal partners test. If these two tests don’t apply, along with the exception to elect an alternative year end, then the least aggregate deferral test goes into effect. The least aggregate deferral test selects the tax year which provides the partner group as a whole the smallest amount of aggregate tax deferral. This is calculated by taking each partner’s months of deferral under the potential tax year and weighting it with the partner’s profit interest percentage. Then, each partner’s weighted totals are summed up to come up with an aggregate deferral number. The potential tax year that produces the smallest aggregate deferral must be the one chosen by the partnership. 17. [LO 3] When are partnerships eligible to use the cash method of accounting? Under the tax accounting rules, a partnership with a corporate partner must use the accrual method of accounting unless the following exception applies. A partnership with a corporate partner is eligible to use the cash method of accounting when the partnership has average gross receipts over the past three taxable years less than or equal to $5 million. 18. [LO 4] What is a partnership’s ordinary business income (loss) and how is it calculated? Through the course of business, partnerships create income or losses. Some of these items are considered to affect a specific partner or groups of partners differently. Thus, these separately-stated items must be reported on a partner-by-partner basis. Then, after adjusting the partnership’s business income (loss) for these separately-stated items, the partnership reports the remaining amount of business income (loss) to ordinary business income (loss). The total amount will be allocated to each partner according to the special allocation rules agreed upon or else based upon the profit sharing ratios of the partnership. 19. [LO 4] What are some common separately stated items, and why must they be separately stated to the partners? Separately-stated items must be taken out of ordinary income (loss) because these items either (1) relate only to a specific partner in the partnership or (2) the item is taxed differently for each partner depending upon the entity of the partner and the partner’s current tax situation. The following is a partial list of items that are separately stated on a partnership return. 1. Short-term capital gains (losses) 2. Long-term capital gains (losses) 3. Section 1231 gains (losses) 4. Charitable contributions 5. Dividends 6. Interest income 7. Guaranteed payments 8. Net earnings (losses) from self-employment . Tax-exempt income 10. Net rental real estate income (loss) 11. Investment interest expense 12. Section 179 deductions 20. [LO 4] Is the character of partnership income/gains and expenses/losses determined at the partnership or partner level? Why? In keeping with the entity concept, the character of all income/gains and expenses/losses is determined at the partnership level . Despite the chance that specific items would change character depending upon the partner who holds them, the IRS has decided to unify the character of all items by looking at the character from the partnership’s perspective. Thus, partnerships are required to file a 1065 return along with all partners’ K-1s to help audit the amounts and character that show up on the individual partner’s return. 21. [LO 4] What are guaranteed payments and how do partnerships and partners treat them for income and self-employment tax purposes? Guaranteed payments are similar to cash salary payments for services provided. The idea behind a guaranteed payment is for a partner to receive a fixed amount of income no matter the profit (loss) for the partnership’s taxable year. Thus, on the partnership level, hey are treated like a salary payment to an unrelated party. The partnership deducts the guaranteed payment in computing the partnership’s ordinary business income (loss). On the partner level, the partner that receives a guaranteed payment must account for the guaranteed payment as a separately-stated item that is taxed as ordinary income. Further, the partner must include the amount of the guar anteed payment in computing self-employment income for tax purposes. This amount is included no matter if the partner is a general partner, limited partner, or LLC member. 22. LO 4] How do general and limited partners treat their share of ordinary business income for self-employment tax purposes? In determining how different partners treat their share of ordinary business income, the IRS assesses the involvement the partner has in the partnership. General partners are considered to be actively involved in the management of the partnership. Thus, the general partner’s share of ordinary business income is treated as trade or business income and is subject to self-employment tax. Conversely, limited partners are generally not actively involved with managing the partnership. The limited partner’s share of ordinary business income is treated as investment income and not subject to self-employment tax. Both types of partners must treat guaranteed payments as income relating to self-employment; however, the ordinary business income depends on the type of partner. 23. [LO 4] What challenges do LLCs face when deciding whether to treat their members’ shares of ordinary business income as self-employment income? Due to the lack of authoritative ruling that exists for LLCs, members must decide on their own whether to include ordinary business income as self-employment income or not. A proposed regulation gave us clarity on this matter; however, the regulation was withdrawn. Members of an LLC should still review this proposed regulation to understand the stance the IRS is trying to take and whether they will take an aggressive or conservative stance for their specific situation. The proposed regulation helped clarify that if an LLC member is involved in the operations of the LLC, the member should treat the ordinary business income as self-employment income. The regulation listed the following three criteria that would demonstrate active involvement in the LLC: (1) personally liable for the debt of the LLC as an LLC member, (2) authority to contract on behalf of the LLC, or (3) participate in more than 500 hours in the LLC’s trade or business during the taxable year. If any one of these requirements is met, then the LLC member would be more associated as a general partner and should more than likely account for the ordinary business income as self-employment income. 24. [LO 4] How much flexibility do partnerships have in allocating partnership items to partners? Partnerships have a great deal of flexibility in determining how to allocate partnership items to partners, both separately-stated and non-separately stated items. The determining factors must be (1) the partners agree upon the allocations and (2) the allocations have substantial economic effect. The second factor is put into place to make sure the allocations are being accomplished for a business objective and not just to reduce or avoid taxes. While both of these items need to be met for a special allocation of a partnership item, certain items have mandatory allocations to specific partners. For example, contributed property built-in gain (loss) must be allocated to the partner who contributed the property when the property is sold. Any additional gain (loss) will be allocated according to the partnership agreement. Overall, if the partnership has no mandatory allocations or does not specify and meet the requirements for special allocations, the partnership will allocate according to the capital or profit interest. 25. [LO4] What are the basic tax-filing requirements imposed on partnerships? While a partnership does not pay taxes, the IRS still requires all partnerships to file an information return to the IRS – Form 1065 (U. S. Return of Partnership Income). This form must be filed by the 15th day of the 4th month of the partnership’s year end. For calendar year end partnerships, the form must be filed by April 15th. An extension is available to file by the due date of the original return and provides the partnership an additional five months to file Form 1065. The extension must be filed on Form 7004. The tax return that must be filed by all partnerships consists of a detailed calculation of the partnerships ordinary business income (loss) on page 1 of Form 1065. On page 3 of Form 1065, Schedule K must be filled out which lists the ordinary business income (loss) along with any separately-stated items. This schedule is an aggregate of each partner’s share of items both separately-stated and non-separately stated. In addition, each partner’s proportion of the above items is reported on a Schedule K-1. A Schedule K-1 for every partner must be filed with Form 1065, and each individual partner will receive her/his own Schedule K-1 from the partnership. 26. [LO 5] In what situations do partners need to know the tax basis in their partnership interests? Partners should always keep track of the tax basis in their partnership interest; however, certain situations require partners to actually know their tax basis. These situations include when a partner sells her/his partnership interest or when a partner receives a distribution from the partnership. The main reasoning is to help the partner figure out the amount of gain which s/he most report on her/his current tax return. 27. [LO 5] Why does a partner’s tax basis in her partnership need to be adjusted annually? A partner’s tax basis needs to be adjusted annually for the following three reasons. First, a partner does not want to double count any income/gain from the partnership when she/he sells her/his partnership interest or receive a distribution from the partnership. Second, the IRS does not want partners to double count any expenses/losses from the partnership in a similar situation from above. Last, partners want to make sure they adjust for tax-exempt income and non-deductible expenses, so these items will not ultimately be taxed or deducted at the time of selling a partnership interest or receiving a distribution from the partnership. 28. [LO 5] What items will increase a partner’s basis in her partnership interest? The following items will increase a partner’s basis and must be adjusted for on an annual basis in the order given. 1. Actual and deemed cash contributions to the partnership 2. Partner’s share of ordinary business income 3. Partner’s share of separately-stated income/gain items and 4. Partner’s share of tax-exempt income 29. [LO 5] What items will decrease a partner’s basis in her partnership interest? The following items will decrease a partner’s basis and must be adjusted for on an annual basis in the order given. These items will be adjusted after all the increases to a partner’s basis have been taken into effect. 1. Actual and deemed cash distributions from the partnership 2. Partner’s share of non-deductible expenses (fines, penalties, etc. ) 3. Partner’s share of ordinary business losses and 4. Partner’s share of separately-stated expenses/loss items 30. [LO 6] What hurdles (or limitations) must partners overcome before they can ultimately deduct partnership losses on their tax returns? While a partnership can create an ordinary business loss, the individual partners potentially will not be able to deduct the entire amount in the year of the loss. The partner must overcome three loss limitation rules before the deduction is available. If the loss does not pass any of the limitations, then the loss is suspended indefinitely under that specific hurdle. The three loss limitations are (1) the tax basis limitation, (2) the at-risk loss limitation, and (3) the passive activity loss limitation. First, a partner is not able to take any losses that exceed the tax basis of the partner, the partner’s outside basis. This limitation prevents partners from taking losses beyond their investment or basis in their partnership interests. Second, a partner cannot take any losses that exceed the at-risk amount for the partner. The at-risk amount is generally the same as the partner’s tax basis, except that it excludes the partner’s share of nonrecourse debt. This limit still includes recourse debt and qualified nonrecourse debt. Finally, in the case of a passive participant in a partnership, losses cannot be taken if the loss exceeds the amount of passive income reported by the partner. Passive losses such as losses from rental activities or losses allocated to a limited partner can only be offset with passive gains. 31. [LO 6] What happens to partnership losses allocated to partners in excess of the tax basis in their partnership interests? Losses that are allocated to partners that exceed the partner’s tax basis cannot be used during the current taxable year. The excess loss will be suspended and carried forward indefinitely until the partner has sufficient basis to utilize the losses. A partner would be able to increase her/his tax basis by (1) making a capital contribution, (2) guaranteeing more partnership debt, or (3) helping the partnership become more profitable. Once the partner’s tax basis is positive, the losses previously suspended can be used. 32. [LO 6] In what sense is the at-risk loss limitation rule more restrictive than the tax basis loss limitation rule? While the at-risk loss limitation and tax basis loss limitation are basically the same, one difference exists between the two different hurdles a partner must overcome when faced with losses. The at-risk loss limitation only accounts for those items that the partner is at risk for. The major item that is not included under the at-risk calculation but is included in the tax basis is nonrecourse debt. As a note, qualified nonrecourse debt is still considered to be part of the partner’s at-risk calculation. 33. [LO 6] How do partners measure the amount they have at risk in the partnership? A partner will measure her/his partnership at-risk amount by looking at what items affect the partner’s economic risk of loss. In most cases, items included in the at-risk amount would include cash contributed, tax basis of property contributed, recourse debt, qualified nonrecourse debt, and any other adjustments to the partner’s tax basis excluding nonrecourse debt. Nonrecourse debt is considered a part of the tax basis but not a part of the at-risk basis since the partner does not have an economic risk of loss for this type of debt. 34. [LO 6] In what order are the loss limitation rules applied to limit partner’s losses from partnerships? The order of the hurdles a partner must pass for the loss limitation rules are (1) tax basis loss limitation, (2) at-risk loss limitation, and (3) passive activity loss limitation. As the losses exceed the limitation in each hurdle, the suspended losses will be carried forward indefinitely within each group until enough basis or income is generated to cover these losses. Once the loss has passed all three limitations, the partner can use the loss as a deduction on her/his own personal return. 35. [LO 6] How do partners determine whether they are passive participants in partnerships when applying the passive activity loss limitation rules? According to the Code, a partner is considered to be a passive participant if the activity conducted is a trade or business and the partner does not materially participate in the activity. The IRS has made it clear that those participants in rental activities and limited partners within a partnership are automatically considered to be passive participants. Further, regulations help clarify whether a partner would be considered a material participant. If the partner meets any of the conditions below, then the partner would be a material participant and the activity would not be considered a passive activity to the partner. . The individual participates in the activity more than 500 hours during the year. | 2. The individual’s activity constitutes substantially all of the participation in such activity by individuals. | 3. The individual participates more than 100 hours during the year and the individual’s participation is not less than any other individual’s parti cipation in the activity. | 4. The activity qualifies as a â€Å"significant participation activity† (individual participates for more than 100 hours during the year) and the aggregate of all other â€Å"significant participation activities† is greater than 500 hours for the year. | 5. The individual materially participated in the activity for any 5 of the preceding 10 taxable years. | 6. The activity involves personal services in health, law, accounting, architecture, and so on, and the individual materially participated for any three preceding years. | 7. Taking into account all the facts and circumstances, the individual participates on a regular, continuous, and substantial basis during the year. | 36. [LO 6] Under what circumstances can partners with passive losses from partnerships deduct their passive losses? A partner may deduct the passive losses she/he has generated from a partnership under three circumstances. First, a passive loss is not deductible until the taxpayer generates current year passive income in the activity producing the loss. Second, a passive loss is not deductible until the taxpayer generates current year passive income from another passive activity the taxpayer is involved with. Last, a passive loss will not be deductible unless the taxpayer sells the activity that has produced the passive loss. In this case, the taxpayer will report a gain or loss on the sale and can use the passive loss to offset this or any other source of income ( i. . , active income, portfolio income, or other passive income). Problems 37. [LO 2] Joseph contributed $22,000 in cash and equipment with a tax basis of $5,000 and a fair market value of $11,000 to Berry Hill Partnership in exchange for a partnership interest. a. What is Joseph’s tax basis in his partnership interest? b. What is Berry Hill’s basis in the equipment? a. $27,000. Joseph’s tax basis is considered to be his outside basis in the partnership. The tax basis includes the $22,000 in cash and his original basis in the equipment, $5,000. Joseph’s holding period for his outside basis would depend upon the holding period of the assets contributed. If property contributed is a capital or Section 1231 asset, the holding period for that portion of the partnership interest includes the holding period of the contributed property. Otherwise, the holding period of the partnership interest begins on the date it is received. b. $5,000. Berry Hill Partnership’s basis in the equipment is a carryover basis from the partner who contributed the equipment. The basis in the equipment plus the basis in the cash will give us Berry Hill Partnership’s inside basis. The holding period for the equipment carries over to the Berry Hill Partnership from Joseph. 38. [ LO 2] Lance contributed investment property worth $500,000, purchased three years ago for $200,000 cash, to Cloud Peak LLC in exchange for an 85 percent profits and capital interest in the LLC. Cloud Peak owes $300,000 to its suppliers but has no other debts. a. What is Lance’s tax basis in his LLC interest? b. What is Lance’s holding period in his interest? c. What is Cloud Peak’s basis in the contributed property? d. What is Cloud Peak’s holding period in the contributed property? a. $455,000. Lance’s basis in his LLC interest is made up of the $200,000 basis of the investment property he transferred to the LLC and his $255,000 share of the LLC debt (85% x $300,000). Because LLC general debt obligations are treated as nonrecourse debt, Lance’s profit sharing ratio is used to allocate a portion of the LLC debt to him. b. Three years. Because Lance contributed a capital asset, the holding period of the contributed assets â€Å"tacks onto† his partnership interest. c. $200,000. The LLC takes a carryover basis in the contributed property. d. Three years. The LLC inherits Lance’s holding period in the contributed property. 9. [ LO 2] Laurel contributed equipment worth $200,000, purchased 10 months ago for $250,000 cash and used in her sole proprietorship, to Sand Creek LLC in exchange for a 15 percent profits and capital interest in the LLC. Laurel agreed to guarantee all $15,000 of Sand Creek’s accounts payable, but she did not guarantee any portion of the $100,000 nonrecourse mortgage securing Sand Creek’s office building. Other than the accounts payable and mortgage, Sand Creek does not owe any debts to other creditors. a. What is Laurel’s initial tax basis in her LLC interest? b. What is Laurel’s holding period in her interest? c. What is Sand Creek’s initial basis in the contributed property? d. What is Sand Creek’s holding period in the contributed property? a. $280,000. Laurel’s basis in her LLC interest is made up of the $250,000 basis in the equipment (no depreciation was taken on the equipment prior to the contribution because it was acquired and contributed within the same calendar year) Laurel contributed, her $15,000 share of accounts payable that she guaranteed, and her $15,000 share of the nonrecourse mortgage securing Sand Creek’s office building (15% x $100,000). Laurel’s profits sharing ratio is used to allocate a portion of the mortgage to her because it is nonrecourse debt. b. Laurel’s holding period begins the day the LLC interest is acquired because the asset she contributed is not a capital or Section 1231 asset. The equipment is not a Section 1231 asset because it was used in a trade or business for one year or less. c. $250,000. The LLC takes a carryover basis in the contributed property. d. Ten months. Laurel’s holding period is included in the LLC’s holding period regardless of the nature of the property Laurel contributed. 0. [LO 2] {Planning}Harry and Sally formed the Evergreen partnership by contributing the following assets in exchange for a 50 percent capital and profits interest in the partnership: Harry:Basis Fair Market Value Cash$ 30,000$ 30,000 Land100,000120,000 Totals$ 130,000$ 150,000 Sally: Equipment used in a business200,000150,000 Totals$ 200,000$ 150,000 a. How much gain or loss will Harr y recognize on the contribution? b. How much gain or loss will Sally recognize on the contribution? c. How could the transaction be structured a different way to get a better result for Sally? . What is Harry’s tax basis in his partnership interest? e. What is Sally’s tax basis in her partnership interest? f. What is Evergreen’s tax basis in its assets? g. Following the format in Exhibit 20-2, prepare a tax basis balance sheet for the Evergreen partnership showing the tax capital accounts for the partners. a. $0. Generally, partners recognize gain on property contributed to a partnership only when the cash they are deemed to receive from debt relief exceeds their basis in the partnership prior to the deemed distribution. Harry did not have any debt relief. . $0. Partners may never recognize loss when property is contributed to a partnership even when they are relieved of debt. c. Sally should consider selling the property to the partnership rather than contribut ing it. By selling the property, she could recognize the $50,000 built-in loss on the equipment. d. $130,000. Harry’s basis in his partnership interest is simply the combined tax basis in the cash and land he contributed to the partnership. e. $200,000. Sally’s basis in her partnership interest equals $200,000 basis in the equipment she contributed. f. $330,000. The partnership’s basis in its assets equals the sum of the partners’ bases in the cash ($30,000), in the land ($100,000), and in the equipment ($200,000). g. The partnership’s tax basis balance sheet would appear as follows: Evergreen PartnershipTax Basis Balance Sheet| | Tax Basis| Assets:| | Cash| $30,000| Equipment| 200,000| Land| 100,000| Totals| $330,000| Capital:| | Capital-Harry| 130,000| Capital-Sally| 200,000| Totals| $330,000| 41. [LO 2] Cosmo contributed land with a fair market value of $400,000 and a tax basis of $90,000 to the Y Mountain partnership in exchange for a 25 percent profits and capital interest in the partnership. The land is secured by $120,000 of nonrecourse debt. Other than this nonrecourse debt, Y Mountain partnership does not have any debt. a. How much gain will Cosmo recognize from the contribution? b. What is Cosmo’s tax basis in his partnership interest? a. $0. As reflected in the table below, Cosmo does not recognize any gain because the $120,000 of cash he is deemed to receive from debt relief does not exceed his basis in Y Mountain prior to this deemed distribution. Description| Cosmo| Explanation| (1) Basis in contributed Land| $90,000| | 2) Nonrecourse mortgage in excess of basis in contributed land| $30,000| Nonrecourse debt basis is allocated only to Cosmo | (3) Remaining nonrecourse mortgage | $22,500| 25% x [120,000 – (2)]| (4) Relief from mortgage debt| ($120,000)| | Cosmo’s initial tax basis in Y Mountain| $22,500| (1) + (2) + (3) + (4) | b. $22,500 as indicated in the table above. 42. [LO2] When High Horizon LLC was formed, Maude contributed the follow ing assets in exchange for a 25 percent capital and profits interest in the LLC: Maude:Basis Fair Market Value Cash$ 20,000$ 20,000 Land*100,000200,000 Totals$ 120,000$ 220,000 *Nonrecourse debt secured by the land equals $160,000 James, Harold and Jenny each contributed $220,000 in cash for a 25% profits and capital interest. a. How much gain or loss will Maude and the other members recognize? b. What is Maude’s tax basis in her LLC interest? c. What tax basis do James, Harold, and Jenny have in their LLC interests? d. What is High Horizon’s tax basis in its assets? e. Following the format in Exhibit 20-2, prepare a tax basis balance sheet for the High Horizon LLC showing the tax capital accounts for the members. . $0. None of the members recognize gain because their debt relief was not in excess of their bases in their LLC interest prior to any debt relief. See table below: Description| Maude| Other Members| Explanation| (1) Basis in contributed Land| $100,000| | | (2) Cash contributed| $20,000| $220,000| | (3) Nonrecourse mortgage in excess of basis in contributed land| $60,000| | Nonrecourse deb t basis is allocated only to Maude | (4) Remaining nonrecourse mortgage | $25,000| $25,000| 25% x [160,000 – (3)]| (5) Relief from mortgage debt| ($160,000)| | | Each member’s initial tax basis in the LLC| $45,000| $245,000| (1) + (2) + (3) + (4) + (5)| b. $45,000. See table in part a. above. c. $245,000 each. See table in part a. above. d. $780,000. High Horizon takes a $120,000 carryover basis in the assets Maude contributes and a $660,000 in the total cash the other three members contributed. e. High Horizon’s tax basis balance sheet would appear as follows: High Horizons, LLCTax Basis Balance Sheet| | Tax Basis| Assets:| | Cash| $680,000| Land| 100,000| Totals| 780,000| Liabilities and Capital:| | Mortgage debt| 160,000| Capital-Maude| (40,000)| Capital-James| 220,000| Capital-Harold| 220,000| Capital-Jenny| 220,000| Totals| 780,000| Note that the members’ tax capital accounts are equal to their bases in the LLC interests less their individual shares of LLC debt. 43. [LO2] Kevan, Jerry, and Dave formed Albee LLC. Jerry and Dave each contributed $245,000 in cash. Kevan contributed the following assets: Kevan:Basis Fair Market Value Cash$ 15,000$ 15,000 Land*120,000230,000 Totals$ 135,000$ 245,000 *Nonrecourse debt secured by the land equals $210,000 Each member received a one-third capital and profits interest in the LLC. . How much gain or loss will Jerry, Dave and Kevan recognize on the contributions? b. What is Kevan’s tax basis in his LLC interest? c. What tax basis do Jerry and Dave have in their LLC interests? d. What is Albee LLC’s tax basis in its assets? e. Following the format in Exhibit 20-2, prepare a tax basis balance sheet for the Albee LLC showing the tax capital accounts for the members. W hat is Kevan’s share of the LLC’s inside basis? f. If the lender holding the nonrecourse debt secured by Kevan’s land required Kevan to guarantee 33. 3 percent of the debt and Jerry to guarantee the remaining 66. 67 percent of the debt when Albee LLC was formed, how much gain or loss will Kevan recognize? g. If the lender holding the nonrecourse debt secured by Kevan’s land required Kevan to guarantee 33. 33 percent of the debt and Jerry to guarantee the remaining 66. 67 percent of the debt when Albee LLC was formed, what are the members’ tax bases in their LLC interests? a. $0. None of the members recognize gain because their debt relief was not in excess of their bases in their LLC interest prior to any debt relief. See table below: Description| Kevan| Other Members| Explanation| (1) Basis in contributed Land| $120,000| | | (2) Cash contributed| $15,000| $245,000| | (3) Nonrecourse mortgage in excess of basis in contributed land| $90,000| | Nonrecourse debt basis is allocated only to Kevan | (4) Remaining nonrecourse mortgage | $40,000| $40,000| 33. 3% x [$210,000 – (3)]| (5) Relief from mortgage debt| ($210,000)| | | Each member’s initial tax basis in the LLC| $55,000| $285,000| (1) + (2) + (3) + (4)+ (5)| b. $55,000. See table in part a. above. c. $285,000 each. See table in part a. above. d. $625,000. Albee, LLC takes a $135,000 carryover basis in the assets Kevan contributes and a $490,000 in the total cash the other two members contributed. e. Albee, LLC’s tax basis balance sheet would appear as follows: Albee , LLCTax Basis Balance Sheet| | Tax Basis| Assets:| | Cash| $505,000| Land| 120,000| Totals| 625,000| Liabilities and Capital:| | Mortgage debt| 210,000| Capital-Kevan| (75,000)| Capital-Jerry| 245,000| Capital-Dave| 245,000| Totals| 625,000| Note that the members’ tax capital accounts are equal to their bases in the LLC interests less their individual shares of LLC debt. . $5,000. See table below: Description| Kevan| Jerry| Dave| Explanation| (1) Basis in contributed Land| $120,000| | | | (2) Cash contributed| $15,000| $245,000| $245,000| | (3) Mortgage Guarantee | $70,000| $140,000| $0| 33. 33% x $210,000 for Kevan and 66. 67% x $210,000 for Jerry| (4) Relief from mortgage debt| ($210,000)| | | | (5) Gain Recognized| $5,000| $0| $0| [(1)+ (2)+ (3) + (4)]| E ach member’s initial tax basis in the LLC| $0| $385,000| $245,000| (1) + (2) + (3)+ (4) + (5)| g. Kevan’s basis is $0, Jerry’s basis is $385,000, and Dave’s basis is $245,000. See the table in part f. above. 44. [LO2] {Research} Jim has decided to contribute some equipment he previously used in his sole proprietorship in exchange for a 10 percent profits and capital interest in Fast Choppers LLC. Jim originally paid $200,000 cash for the equipment. Since then, the tax basis in the equipment has been reduced to $100,000 because of tax depreciation, and the fair market value of the equipment is now $150,000. a. Must Jim recognize any of the potential  § 1245 recapture when he contributes the machinery to Fast Choppers? {Hint: See  § 1245(b)(3). } b. What cost recovery method will Fast Choppers use to depreciate the machinery? {Hint: See  § 168(i)(7). } c. If Fast Choppers were to immediately sell the equipment Jim contributed for $150,000, how much gain would Jim recognize and what is its character? {Hint: See  § 1245 and 704(c). } a. According to Section 1245(b)(3), recapture potential on property contributed to a partnership is only recognized to the extent any gain is recognized from the contribution of property. Because Jim was not relieved of any debt in the transaction, he will not recognize gain from the contribution under Section 721. Therefore, Jim does not recognize any of the Section 1245 recapture potential on the equipment at the time of contribution. b. According to Section 168(i)(7), a transferee partnership will step into the shoes of the transferor partner for purposes of depreciating contributed equipment. In this situation, Fast Choppers will continue to depreciate the equipment using the same method instituted by Jim over the remaining useful life of the equipment. In other words, the annual depreciation calculation will proceed as if the property were still held by Jim. c. Under Section 704(c), all $50,000 of gain recognized from the sale of the equipment would be allocated to Jim because this gain was built-in at the time the equipment was contributed. Moreover, the Section 1245 recapture potential remains with the equipment after the contribution; as a result, all $50,000 of gain recognized (the lesser of the $50,000 gain recognized or the $100,000 depreciation taken) must be characterized as Section 1245 recapture income. 45. [LO2] {Research} Ansel purchased raw land three years ago for $200,000 to hold as an investment. After watching the value of the land drop to $150,000, he decided to contribute it to Mountainside Developers LLC in exchange for a 5 percent capital and profits interest. Mountainside plans to develop the property and will treat it as inventory, like all of the other real estate it holds. a. If Mountainside sells the property for $150,000 after holding it for one year, how much gain or loss does it recognize, and what is the character of its gain or loss? {Hint: See  §724. } b. If Mountainside sells the property for $125,000 after holding it for two years, how much gain or loss does it recognize, and what is the character of the gain or loss? . If Mountainside sells the property for $150,000 after holding it six years, how much gain or loss is recognized, and what is the character of the gain or loss? a. According to Section 724(c), recognized losses on assets that were capital assets in the hands of contributing partners are treated as capital losses up to the amount of loss buil t into the assets at the time they were contributed if they are sold within a five year period beginning on the date of contribution. Thus, Mountainside Developers will recognize a $50,000 loss characterized as a capital rather than an ordinary loss. b. In this instance, Mountainside Developers will recognize a $75,000 loss from the sale of the land. The built-in loss at the time the land was contributed or $50,000 will be characterized as a capital loss, and the remaining $25,000 loss will be characterized as an ordinary loss per Section 724(c). c. Because Mountainside Developers held the land as inventory for more than five years, it will recognize a $50,000 ordinary loss per Section 724(c). 46. [LO2] {Research} Claude purchased raw land three years ago for $1,500,000 to develop into lots and sell to individuals planning to build their dream homes. Claude intended to treat this property as inventory, like his other development properties. Before completing the development of the property, however, he decided to contribute it to South Peak Investors LLC when it was worth $2,500,000, in exchange for a 10 percent capital and profits interest. South Peak’s strategy is to hold land for investment purposes only and then sell it later at a gain. a. If South Peak sells the property for $3,000,000 four years after Claude’s contribution, how much gain or loss is recognized and what is its character? {Hint: See  § 724. } b. If South Peak sells the property for $3,000,000 five and one-half years after Claude’s contribution, how much gain or loss is recognized and what is its character? a. Under Section 724(b), any gain or loss on contributed property that was treated as inventory by the contributing partner and sold by the partnership during the five year period beginning on the date of contribution is treated as ordinary gain or loss. Thus, the entire $1,500,000 gain from the sale of the land will be treated as ordinary gain. b. Section 724(b) only applies if contributed property is sold during the five year period beginning on the date of contribution. Because South Peak sold the land after the expiration of this time period and held the land as investment property, it should recognize $1,500,000 of capital gain. 47. [LO2] {Research} Reggie contributed $10,000 in cash and a capital asset he had held for three years with a fair market value of $20,000 and tax basis of $10,000 for a 5 percent capital and profits interest in Green Valley LLC. a. If Reggie sells his LLC interest thirteen months later for $30,000 when the tax basis in his partnership interest is still $20,000, how much gain does he report and what is its character? b. If Reggie sells his LLC interest two months later for $30,000 when the tax basis in his partnership interest is still $20,000, how much gain does he report and what is its character? {Hint: See Reg.  §1. 1223-3} a. Reggie sold his LLC interest, a capital asset, for $30,000 when he had a basis in the LLC interest of $20,000. Thus, he will recognize a $10,000 capital gain. The capital gain is treated as a long-term capital gain because he has held his LLC interest for more than twelve months. In this situation, the holding period of his LLC interest at the date he contributed property is irrelevant. b. Under Reg.  §1. 223-3(b)(1), the holding period of Reggie’s LLC interest is based on the relative fair market value of the property he contributed. Since two-thirds of the value of the property he contributed was a capital asset held for three years, two- thirds of his LLC interest is treated as being held for three years and the remaining one-third of his LLC interest has a h olding period that begins on the date of contribution. Under Reg.  §1. 1223-3(c)(1), two-thirds or $6,667 of the resulting $10,000 capital gain from the sale will be treated as long-term capital gain and the remaining one-third or $3,333 will be treated as short-term capital gain. 8. [LO2] Connie recently provided legal services to the Winterhaven LLC and received a 5 percent interest in the LLC as compensation. Winterhaven currently has $50,000 of accounts payable and no other debt. The current fair market value of Winterhaven’s capital is $200,000. a. If Connie receives a 5 percent capital interest only, how much income must she report, and what is her tax basis in the LLC interest? b. If Connie receives a 5 percent profits interest only, how much income must she report, and what is her tax basis in the LLC interest? c. If Connie receives a 5 percent capital and profits interest, how much income must she report, and what is her tax basis in the LLC interest? a. Connie reports $10,000 of ordinary income or 5 percent of the LLC’s capital of $200,000. Her basis in the LLC interest is also $10,000. b. Connie will not report any income but will have a basis in the LLC interest equal to her share of the LLC’s debt. Because the LLC’s debt is a nonrecourse debt, it must be allocated to her using Connie’s profits interest. Thus, her basis in the LLC equals $2,500 or 5 percent of the LLC’s $50,000 accounts payable. c. Connie reports $10,000 of ordinary income or 5 percent of the LLC’s capital of $200,000. Her basis in the LLC is $12,500 consisting of the $10,000 of income she recognizes for the receipt of her capital interest and her $2,500 share of the LLC’s nonrecourse accounts payable. 49. [LO2] Mary and Scott formed a partnership that maintains its records on a calendar-year basis. The balance sheet of the MS Partnership at year-end is as follows: Basis Fair Market Value Cash $ 60 $ 60 Land 60180 Inventory 72 60 $192 $300 Mary$ 96 $150 Scott 96 150 192 $300 At the end of the current year, Kari will receive a one-third capital interest only in exchange for services rendered. Kari’s interest will not be subject to a substantial risk of forfeiture and the costs for the type of services she provided are typically not capitalized by the partnership. For the current year, the income and expenses from operations are equal. Consequently, the only tax consequences for the year are those relating to the admission of Kari to the partnership. a. Compute and characterize any gain or loss Kari may have to recognize as a result of her admission to the partnership. . Compute Kari’s basis in her partnership interest. c. Prepare a balance sheet of the partnership immediately after Kari’s admission showing the partners’ tax capital accounts and capital accounts stated at fair market value. d. Calculate how much gain or loss Kari would have to recognize if, instead of a capital interest, she only received a profits interest. a. Kari will recognize one-third of the fair market value of the partnership’s capital or $100 as ordinary income. b. Kari’s basis in her partnership interest will be equal to the amount of income she reports or $100. . Immediately after Kari’s admission into the partnership the partnership’s balance sheet will appear as follows: MS PartnershipBalance Sheet| | Tax Basis| 704(b)/FMV| Assets:| | | Cash| $60| 60| Land| 60| 180| Inventory| 72| 60| Totals| $192| 300| Capital:| | | Capital-Mary| 46| 100| Capital-Scott| 46| 100| Capital-Kari| 100| 100| Totals| $192| $300| Essentially, the tax capital and 704(b) capital accounts for both Scott and Mary are reduced by their $50 share of the $100 compensation expense the partnership will deduct for the capital interest Kari receives. d. If Kari only receives a profits interest, she will not recognize any income until she receives a profits allocation from the partnership. 50. [LO2] Dave LaCroix recently received a 10 percent capital and profits interest in Cirque Capital LLC in exchange for consulting services he provided. If Cirque Capital had paid an outsider to provide the advice, it would have deducted the payment as compensation expense. Cirque Capital’s balance sheet on the day Dave received his capital interest appears below: Assets: Basis Fair Market Value Cash$ 150,000 $ 150,000 Investments200,000700,000 Land150,000250,000 Totals$ 500,000$1,100,000 Liabilities and capital: Nonrecourse Debt100,000100,000 Lance*200,000500,000 Robert*200,000500,000 Totals $ 500,000 $ 1,100,000 *Assume that Lance’s basis and Robert’s basis in their LLC interests equal their tax basis capital accounts plus their respective shares of nonrecourse debt. a. Compute and characterize any gain or loss Dave may have to recognize as a result of his admission to Cirque Capital. b. Compute each member’s tax basis in his LLC interest immediately after Dave’s receipt of his interest. c. Prepare a balance sheet for Cirque Capital immediately after Dave’s admission showing the members’ tax capital accounts and their capital accounts stated at fair market value. d. Compute and characterize any gain or loss Dave may have to recognize as a result of his admission to Cirque Capital if he receives only a profits interest. e. Compute each member’s tax basis in his LLC interest immediately after Dave’s receipt of his interest if Dave only receives a profits interest. a. The tax consequences of giving Dave both a 10 percent capital and profits interest are summarized in the following table: Description| Dave| Lance| Robert| Explanation| (1) Beginning Basis in LLC| $0| $250,000| $250,000| $200,000 tax basis capital account + [. 5 x $100,000 nonrecourse debt]| (2) Ordinary Income | $100,000| | | Liquidation Value of Capital Interest (. 1 x $1,000,000 fair market value of LLC capital)| (3) Ordinary Deduction| | ($50,000)| ($50,000)| Capital Shift from Non-Service Partners. (2) x . 5| (4) Increase in Debt Allocation| $10,000| | | [$100,000 nonrecourse debt x 10% profit sharing ratio]| (5) Decrease in Debt Allocation| | (5,000)| (5,000)| (4) x . | (6) Ending Basis in LLC| $110,000| $195,000| $195,000| (1) + (2) + (3) + (4) + (5)| As indicated in line (2) of the table above, Dave recognizes $100,000 of ordinary income. b. As indicated in line (6) of the table above, the member’s tax bases in the LLC interests immediately after Dave is admitted are as follows: $110,000 for Dave and $195,000 for Lance and Robert. c. Immediately after Dave’s admission into the LLC, the LLC’s balance sheet will appear as follows: Cirque, LLCBalance Sheet| | Tax Basis| 704(b/)FMV| Assets:| | | Cash| $150,000| $150,000| Land| 200,000| 700,000| Inventory| 150,000| 250,000| Totals| $500,000| $1,100,000| Capital:| | | Nonrecourse Debt| $100,000| 100,000| Capital-Lance| 150,000| 450,000| Capital-Robert| 150,000| 450,000| Capital-Dave| 100,000| 100,000| Totals| $500,000| $1,100,000| d. The tax consequences of giving Dave only a 10 percent profits interest are summarized in the following table: Description| Dave| Lance| Robert| Explanation| (1) Beginning Basis in LLC| $0| $250,000| $250,000| $200,000 tax basis capital account + [. 5 x $100,000 nonrecourse debt]| (2) Ordinary Income| $0| | | Dave does not recognize any income because he only receives a profits interest. | 3) Increase in Debt Allocation| $10,000| | | [$100,000 nonrecourse debt x 10% profit sharing ratio]| (4) Decrease in Debt Allocation| | (5,000)| (5,000)| (3) x . 5| (5) Ending Basis in LLC| $10,000| $245,000| $245,000| (1) + (2) + (3) + (4) | Dave does not recognize any income because he only received a profits interest. e. As reflected in line (5) of the table above, Dave’s basis is $10,000, Lance’s basis is $245,000, and Robert’s basis is $245,000. 51. [LO 2] Last December 31, Ramon sold the 10 percent interest in the Del Sol Partnership that he had held for two years to Garrett for $400,000. Prior to selling his interest, Ramon’s basis in Del Sol was $200,000 which included a $100,000 share of nonrecourse debt allocated to him. a. What is Garrett’s tax basis in his partnership interest? b. If Garrett sells his partnership interests three months after receiving it and recognizes a gain, what is the character of his gain? Garrett’s basis in his partnership interest is equal to the $400,000 amount he paid for it plus his $100,000 share of partnership debt or $500,000. a. Because Garrett purchased his partnership interest, his holding period for the interest begins on the date the interest was purchased. As a result, he only has a three month holding period before the partnership interest is sold. This means his capital gain from the sale of his partnership interest will be short-term capital gain. 52. [LO 3] Broken Rock LLC was recently formed with the following members: Name| Tax Year End| Capital/Profits %| George Allen| December 31| 33. 33%| Elanax Corp. | June 30| 33. 33%| Ray Kirk| December 31| 33. 34%| What is the required taxable year-end for Broken Rock LLC? George Allen and Ray Kirk together own more than 50 percent of the profits and capital of Broken Rock. Because both George and Ray have a December 31 year end, December 31 is majority interest taxable year and is also the required year end for Broken Rock. 53. [LO 3] Granite Slab LLC was recently formed with the following members: Name| Tax Year End| Capital/Profits %| Nelson Black| December 31| 22. 0%| Brittany Jones| December 31| 24. 0%| Lone Pine LLC| June 30| 4. 5%| Red Spot Inc. | October 31 | 4. 5%| Pale Rock Inc. | September 30 | 4. 5%| Thunder Ridge LLC| July 31 | 4. 5%| Alpensee LLC| March 31 | 4. 5%| Lakewood Inc. | June 30| 4. 5%| Streamside LLC| October 31 | 4. 5%| Burnt Fork Inc. October 31 | 4. 5%| Snowy Ridge LP| June 30| 4. 5%| Whitewater LP| October 31| 4. 5%| Straw Hat LLC| January 31 | 4. 5%| Wildfire Inc. | September 30 | 4. 5%| What is the required taxable year-end for Granite Slab LLC? Because none of the partners with the same year end together own more than 50 percent of the capital and profits of Granite Slab, there is no majority interest taxable year. Howeve r, Nelson Black and Brittany Jones are principal partners because they individually own 5 percent or more of the profits and capital of Granite Slab. Moreover, they both have a December 31 year end. Therefore, the required year end of the partnership is the year end of the principal partners or December 31. 54. [LO 3] Tall Tree LLC was recently formed with the following members: Name| Tax Year End| Capital/Profits %| Eddie Robinson| December 31| 40%| Pitcher Lenders LLC| June 30| 25%| Perry Homes Inc. | October 31 | 35%| What is the required taxable year-end for Tall Tree LLC? Tall Tree does not have a majority interest taxable year because no partner or group of partners with the same year end owns more than 50 percent of the profits and capital interests in Tall Tree. Also, because all three principal partners in Tall Tree have different year ends, the principal partner test is not met. As a result, Tall Tree must decide which of three potential year ends, December 31, June 30, or October 31, will provide its members the least aggregate deferral. The table below illustrates the required computations: Possible Year Ends| 12/31 Year End| 6/30 Year End| 10/31 Year End| Members| % How to cite Chapter 20, Papers

Amistad Summary free essay sample

Amistad Movie Summary The film begins in the depths of the schooner La Amistad, a slave-ship carrying captured West Africans into slavery. The films protagonist, Sengbe Pieh, most known by his Spanish name, Cinque, painstakingly picks a nail out of the ships structure and uses it to pick the lock on his shackles. Freeing a number of his companions, Cinque initiates a rebellion on board the storm-tossed vessel. In the ensuing fighting, several Africans and most of the ships Spanish crew are killed, but Cinque saves two of the ships officers, Ruiz and Montez, whom he believes can sail them back to Africa. After six weeks have passed, the ship is running out of food and fresh water, and Cinque is growing angry with Yamba who believes keeping the Spaniards alive is the only way to get back to Africa. During the night, they pass another vessel, carrying a group of wealthy English-speaking passengers having a dinner party on deck. The next day, they sight land. Unsure of their location, a group of African men takes one of the ships boats to shore to fetch fresh water. While there, La Amistad is found by a military vessel bearing an American flag the Spaniards have tricked the Africans by sailing directly for the United States. Captured by the American Navy, the Amistad Africans are taken to a municipal jail in New Haven, Connecticut, where the ships occupants, and a tearful Cinque, are thrown into a grim dungeon, awaiting trial. The films focus now shifts to Washington, D. C. , where a session in the House of Representatives introduces John Quincy Adams (Anthony Hopkins), the elderly former President and politician. While strolling in the gardens, Adams is introduced to two of the countrys leading abolitionists; the elderly freed slave Theodore Joadson (Morgan Freeman) and Christian activist Mr. Tappan (Stellan Skarsgard), both of whom are leading shipping magnates in New England and co-proprietors of the pro-abolitionist newssheet The Emancipator. The two have heard of the plight of the Amistad Africans and attempt to enlist Adams to help their cause. Adams, apparently verging on senility, refuses to help, claiming that he neither condemns nor condones slavery. News of the Amistad incident also reaches current President of the United States, Martin Van Buren (Nigel Hawthorne), who is bombarded with demands for compensation from the juvenile Spanish Head of State, Queen Isabella II of Spain (Anna Paquin). At a preliminary hearing in a district court, the Africans are charged with insurrection on the high seas, and the case rapidly dissolves into conflicting claims of property ownership from the Kingdom of Spain, the United States, the surviving officers of La Amistad, and the officers of the naval vessel responsible for re-capturing the slave-ship. Aware that they cannot fight the case on moral grounds, the two abolitionists enlist the help of a young attorney specializing in property law; Roger Sherman Baldwin (Matthew McConaughey). At the jail, Baldwin and the abolitionists, along with a nervous Professor of Linguistics, attempt to talk to the Amistad Africans, but neither side is able to understand anything the other party says. In the prison, events among the Africans are accelerating. Yamba, Cinques apparent rival for authority amongst the Africans, has converted to Christianity and is now resigned to his death, believing that execution will send them to a pleasant afterlife. The death of a young man provokes the Africans into a furious demonstration against the American authorities, screaming and chanting in their native languages as a prison riot threatens. As the hearings drag on, Baldwin and Joadson regularly walk round the city docks, counting numbers in the Mande language, in an attempt to recruit an interpreter. They eventually happen upon a black sailor in the Royal Navy, James Covey (Chiwetel Ejiofor). Using Coveys linguistic abilities, Baldwin and his companions are able to talk to Cinque. In his first speaking role in the courtroom, Cinque, through a series of flashbacks, tells the haunting story of how he became a slave. Cinque, a peasant farmer and young husband and father in West Africa, was kidnapped by African slave-hunters and taken to the slave fortress of Lomboko, an illegal facility in the British Protectorate of Sierra Leone. There, he and hundreds of other captured Africans were loaded onto transatlantic slave-ship (Tecora). Cinque tells of the various horrors of the Middle Passage, including frequent rape, horrific torture, and random executions carried out by the crew, including the deaths of fifty people deliberately drowned in order to save food. Upon their arrival in Cuba, Cinque was sold at a slave market and purchased, along with many other Tecora survivors, by the owners of La Amistad. Once aboard La Amistad, Cinque was able to free himself of his shackles, and began the slaves rebellion for freedom. The courtroom drama continues as District Attorney William S. Holabird (Pete Postlethwaite) and Secretary of State John Forsyth (David Paymer) press their case for property rights and dismiss Cinques story as a mere piece of fiction. While exploring the impounded vessel La Amistad for much-needed evidence to support the Africans claims, Baldwin happens upon a notebook, stuffed into a crevice by Ruiz and Montez to conceal the evidence of illegal slave-trading. Using the book as hard evidence of illegal trading, Baldwin calls expert witnesses including Captain Fitzgerald (Peter Firth), a British naval commander assigned to patrol the West Africa coastline to enforce the British Empires anti-slavery policies. As Fitzgerald is cross-examined by the haughty Holabird, tension in the courtroom rises, ultimately prompting Cinque to leap from his seat and cry Give us free over and over, a heartfelt plea using the English he has learned. Cinques plea touches many, apparently including the judge in a court ruling, Judge Coglin (Jeremy Northam) dismisses all claims of ownership, rules that the Africans were captured illegally and not born on plantations, orders the arrest of the Amistads remaining crew on charges of slave-trading, and authorizes the United States to convey the Amistad Africans back to Africa at the expense of the nation. While Cinque, Joadson, Baldwin, and the jubilant Africans celebrate their victory, a state dinner at the White House threatens to overturn the ruling. While conversing with the Spanish Ambassador to Washington, Senator John C. Calhoun (Arliss Howard) launches into a damning diatribe aimed at President Van Buren, emphasising the economic importance of slaves in the South, and ends his tirade with a concealed but clear threat that should the government set a precedent for abolition by releasing the Amistad Africans, the South will have little choice but to go to war with the north. With his advisors warning that the Amistad incident could bring the United States one big step closer to civil war, President Van Buren orders that the case be submitted to the Supreme Court, dominated by its Southern slave-owning judges. Furious, Mr. Tappan splits with Joadson and Baldwin, who break the news to an enraged and disgusted Cinque. In need of an ally with legal background in the intricacies of Supreme Court workings, Baldwin and Joadson meet again with John Quincy Adams, who has been following the case carefully. Adams, aware that Cinque is now refusing to talk to Baldwin, invites the African leader to his home. While Adams gives him a rambling tour of his greenhouse, Cinques emotional reaction to seeing a West African violet, native to his homeland, convinces Adams to assist the case. At the Supreme Court, John Quincy Adams gives a long and passionate speech in defense of the Africans. Arguing that if Cinque were white and had rebelled against the British, the United States would have exalted him as a hero; and that the Africans rebellion to gain their freedom was no different to the Americans rebellion against their oppressors some seventy years earlier. Arguing that condemning the Amistad Africans would render the principles and ideals of the Constitution worthless, he exhorts the judges to free the Africans, stating that the looming threat of civil war will simply be the final battle of the American Revolution. His case made, the United States awaits the Supreme Courts ruling. On the day of judgment, Justice Joseph Story (Harry Blackmun) announces the Supreme Courts decision on the case. Believing that the Amistad Africans were illegally kidnapped from their homes in Africa, United States laws on slave ownership do not apply. Furthermore, since that was the case, the Amistad Africans were within their rights to use force to escape their confinement. The Supreme Court authorizes the release of the Africans and their conveyance back to Africa. Legally freed for the second and final time, Cinque bids emotional farewells to his companions; shaking Adams hand, giving Joadson his most treasured possession, a lion tooth which is his only memento of Africa, and thanking Baldwin in English. As Cinque is about to leave, Baldwin clasps Cinque and bids a farewell, in the Mande language, to the African leader. The end of the film depicts various scenes. Royal marines assault the Lomboko Slave Fortress, killing the slavers and freeing the kidnapped Africans held within the dungeons. With the fortress evacuated, Captain Fitzgerald, who has finally located the fortress, orders his warship of the Royal Navys West Africa Anti-Slavery Squadron to open fire on the facility, destroying Lomboko. Interspersed with this are scenes of Martin Van Buren losing his election campaign. The final scenes depict Cinque and the freed Africans returning to Africa, dressed in white, the West African colour of victory and accompanied by James Covey, who has shed his British uniform in exchange for African attire.