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AICPA's Annual Federal Tax Update (2008 Edition)

Author/Moderator: Bill Harden, CPA, ChFC, Ph.D
Publisher: AICPA
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Description

This course has been updated to include content on the Emergency Economic Stabilization Act of 2008

Save time and keep current on the latest tax developments! Based on the popular "key issue" approach designed by national experts, this comprehensive course covers all legislative, judicial and IRS developments of the past year with a focus on implementation and compliance.

Discover how to effectively and confidently complete tax planning and compliance engagements. Covers current developments affecting individuals (including those regarding income, deductions and losses, tax calculations, individual credits, filing matters); business entities (including those regarding S Corporations and their shareholders, C Corporations, partnerships); estates and trusts; retirement plans and more.

Objectives:

  • Identify planning strategies and compliance actions resulting from the latest changes to federal tax statutes, regulations, cases and rulings
  • Identify tax issues and planning points as a result of the 2008 rulings

Prerequisite: Familiarity with federal tax issues for various entities

Accepted for PFS® credit.

Table of Contents

  • Chapter 0 - Introduction
  • Chapter 1 - Income
    • Learning Objectives
    • Mortgage Forgiveness Relief
      • Background
      • Mortgage Forgiveness Relief
    • COD Income from House Mortgage
    • Benefits for Volunteer Firefighters and Emergency Medical Responders
    • Clarification of Excluded Benefits for Volunteer Firefighters - Heroes Act ~§~115
      • Background
      • Clarification
    • Safety Officer Vehicles to Be Qualified Nonpersonal Use Vehicles
    • Treatment of Medicaid Rebates Paid to State Agencies
    • Final Regulations Taxation of Income Earned on Exchange Funds
      • Definitions
      • Loan Treatment
    • Transfers from IRAs to Charities
    • Virginia Tech Tragedy Exclusion
    • Tool Reimbursement Plans
      • Takeaway
    • State and Local Location Tax Incentives
      • Takeaway
    • Distributions to Individuals on Active Duty at least 180 Days - Heroes Act ~§~107
      • Background
      • Provision Applies to Active Duty after December 31, 2007
    • Exclusion of Certain State Payments to Military Personnel - Heroes Act ~§~112
      • Background
      • State Combat Zone Bonuses Excluded
    • Ensure Equitable Treatment of Military Families under SSI - Heroes Act ~§~201
      • Background
      • Clarification
    • Remove Penalties for Certain Veterans under SSI - Heroes Act ~§~202
      • Background
      • Exclusion from SSI Income Calculation
    • Exclusion of Benefits for AmeriCorps Volunteers under SSI - Heroes Act ~§~203
      • Background
      • AmeriCorps Covered
    • Farm and Fishing Income Averaging
    • Hobby Loss - Animal Breeding
      • Facts
      • Analysis
      • Takeaway
    • Video Poker Activity Not a Second Business
    • Farm Act Loss Limitation
      • Background
      • Limitation on Farm Losses
    • CCC Loan Repayment Reporting
      • Background
      • Reporting Required
    • Increase Dollar Amounts for First-time Farmers
      • Background
      • Dollar Limits Increased
    • Treatment under Loan Repayment Assistance Programs
    • Cancellation of Credit Card Debt Not Excludable
    • Harassment Award not Excludable
      • Facts
      • Analysis
      • Takeaway
    • Kansas Disaster Area Provisions
      • Casualties
      • Involuntary Conversions
      • Employee Retention Credit
      • Special Depreciation
      • Section 179
      • Expensing Demolition and Clean-up Costs
      • Public Utility Property Disaster Losses
      • Net Operating Losses Due to Storms
      • Income Eligibility for Qualified Residential Rental Projects
      • Using Retirement Funds
    • Housing Act Changes to Go Zone Incentives
      • Use of Amended Returns for Hurricane-Related Casualty Loss Grants
      • Waiver of Deadline on Construction of Go Zone Property for Bonus Depreciation
      • Inclusion of Certain Counties in Go Zone for Tax-Exempt Bond Financing
    • Credit Card Reporting
    • Delay in Applying Worldwide Allocation of Interest
      • Background
      • Implementation Delayed
    • Forthcoming Guidance on ~§~529 Plans
    • Ordained Faculty, Managers, and Administrators within ~§~107
    • Renewal Commissions to Retirees
      • Takeaway
  • Chapter 2 - Deductions
    • Learning Objectives
    • Selected Deduction Amounts
      • Standard Deduction Amounts for 2008 Returns
      • Itemized Deduction Phase-out
      • Personal Exemptions
      • Long-Term Care Premium Deduction Limit
    • Deduction for Mortgage Insurance Premiums
      • Background
      • Provision Extended
    • Allocating Prepaid Qualified Mortgage Insurance Premiums
    • Additional Standard Deduction for Real Property Taxes
    • Expanded Qualification for Deductions from a Cooperative Housing Corporation
      • Background
      • Additional Qualifications
    • Proposed Regulations for Substantiating Charitable Contributions
    • Substantiating Combined Campaign Contributions
      • Lump-sum Contributions
      • Payroll Deduction
    • Qualified Conservation Contributions
      • Background
      • Provision Extended Two Years
    • M&IE Limitation in Employee Leasing Settings
      • Takeaway
    • Production Activities Deduction - Regulations Reflect TIPRA Changes
    • Production Activities Deduction - Qualified Film and EAG Matters
      • Background
      • Film Changes
      • EAG
    • Energy Efficient Commercial Building Deduction
      • Background
      • Government Owned Buildings
      • Interim Lighting Rule
      • Other Information Included
      • Takeaway
    • Geological and Geophysical Expenditures of Major Integrated Oil Companies
      • Background
      • Energy Act Increases Period to 7 Years
    • Start-up Expenditures New Regulations
      • Start-up Costs
      • Organizational Costs
      • Effective Dates
    • Farm Endangered Species Recovery Plan Expenses
      • Background
      • Endangered Species Included
  • Chapter 3 - Tax Calculations
    • Learning Objectives
    • Capital Gains/Qualifying Dividend Tax Rates
      • Review of Section 1202 Stock
      • 2008 Year End Planning
    • Kiddie Tax Age Change - Under 19
      • Background
      • Tax Applies to Children Under 19
    • Individual Alternative Minimum Tax
      • AMT Exemption Amount Not Yet Increased in 2008
      • Use of Non-refundable Personal Credits Limited
    • AMT Losses Related to ISOs
      • Takeaway
    • Interaction of AMT and Qualified Dividends
      • Takeaway
    • Another Case of Lost Deductions and Exemptions
    • Interaction of Bankruptcy and Tax Evasion
      • Facts
      • Analysis
      • Takeaway
  • Chapter 4 - Individual Credits
    • Learning Objectives
    • Unused Minimum Tax Credit
      • Background
      • Technical Correction to Long-term Unused Minimum Tax Credit
    • Residential Energy Efficient Property Credit Extended
    • Other Individual Credit Information
      • Adoption Credit - ~§~23
      • Child Tax Credit - ~§~24
      • Hope and Lifetime Learning Credits - ~§~25A - Hope Amount Increased
      • Saver's Credit - ~§~25B
    • Requesting Stimulus Rebate for 2008 if Not Otherwise Required to File in 2007
    • Recovery Rebate - Identification Number Exception - Heroes Act ~§~101
      • Background
      • Heroes Act Modification
    • Permanent Election to Treat Combat Pay as Earned - Heroes Act ~§~102
      • Background
      • Election Now Permanent
    • Qualified Forestry Conservation Bonds
    • First-Time Homebuyer Credit
  • Chapter 5 - Filing Matters
    • Learning Objectives
    • Credits and Filing Status with Qualifying Relative
      • Qualifying Child or Relative
      • Earned Income Credit
      • Head of Household Filing Status
      • Child Tax Credit
      • Dependent Care Credit
    • Qualifying Relative When Parent Not Required to File
    • Final Regulations - Dependent Children of Divorced or Separated Parents
    • Qualifying Joint Ventures
      • Self-Employment Tax - Qualifying Joint Venture Election
      • IRS Website Information
    • Extension of the Statute for Filing Claims for Refunds Related to Disability Determinations by the Department of Veterans Affairs - Heroes Act ~§~106
      • Background
      • Statute Extended
    • Revision of Rules on Expatriation of Individuals - Heroes Act ~§~301
      • Background
      • Mark-to-Market Tax
      • Gifts and Bequests
      • Coordination
    • Postponement of Deadlines in Disaster Cases
    • Dirty Dozen Tax Scams
      • The New Dozen
      • Reporting Suspected Fraud
      • More Scams
    • Rental Activity Mistakenly Reported as a Business
      • Facts
      • Analysis
    • Innocent Spouse Relief Does Not Preempt Community Property Laws
      • Facts
      • Analysis
  • Chapter 6 - S Corporations and Shareholders
    • Learning Objectives
    • S Corporation Contributions of Appreciated Property - Basis Affects
      • Takeaway
    • Proper EIN in F Reorganizations Involving QSubs
      • Takeaway
    • Two Percent Shareholder for-AGI Health Deduction
      • Takeaway
    • Key Person Life Does Not Increase AAA
      • Takeaway
    • S Corp Bank Changing from Reserve Method
      • Background
      • Election Mechanics
      • Takeaway
    • Capital Gains from Stock Sales - Not Passive Investment Income
      • Takeaway
    • Excess Passive Income in an S Corporation
      • Takeaway
    • Interaction of Built-In Gains and ~§~481 Adjustments
      • Review of Built-in Gain Rules
      • Facts
      • Analysis
      • Takeaway
    • Forced Sale of S Corporation Shares Contested
      • Facts
      • Tax Court Analysis
      • Circuit Court
      • Takeaway
    • S Corporation Changes in the Mortgage Forgiveness Act of 2007
      • Failure to File S Corporation Return
      • Disclosure of S Corporation Return to Shareholder
    • Late S Election Relief
      • New Relief for S Election
      • New Relief S Election and Entity Classification
      • Takeaway
    • S Corporation Attribution Reduction for Excluded COD Income - Proposed Regulations
  • Chapter 7 - C Corporations and Shareholders
    • Learning Objectives
    • Transaction Designed as a Reverse Subsidiary Reorganization Treated as Stock Purchase and Subsequent Liquidation
      • Takeaway
    • Interim CEO Not Considered an Outside Director for the Compensation Limitation of ~§~162(m)
      • Takeaway
    • Payment Not Solely for Performance Goal - Involuntary Termination or Retirement Provisions
      • Takeaway
    • Corporate Distributions - Tax Fraud - Boulware Case - Supreme Court Decision - 128 SCt 1168 (2008)
      • Background
      • Supreme Court Decision
      • Takeaway
    • Succession to Items of Liquidating Corporation when Multiple Members Receive Assets
      • Liquidations
      • Deferred Items
    • Estimated Tax Corporation Changes in the Mortgage Forgiveness Act of 2007
    • Repayment of Loan versus Corporate Distribution
      • Facts
      • Holding
      • Takeaway
    • Bad Debt Deduction with Corporate Grantor
      • Takeaway
    • Allocation of Additional Tax and AMT Exemption Reduction in Controlled Groups
      • Reduction in Tax Benefits
      • Proportionate Method
      • FIFO Method
      • AMT Exemption Reduction
      • Testing Dates and Periods
    • Timber Gain and REITs
      • Background
      • Reduction in Corporate Timber Rate
      • Timber Gain Is Qualified REIT Income without 1-Year Period
      • REIT Prohibited Transaction Safe Harbor
      • Timber REIT
    • Housing Act REIT Changes
      • Foreign Currency Gain Excluded from Income Tests
      • Taxable REIT Subsidiary Limit Increased
      • Holding Period Safe Harbor
      • Health Care REIT
      • Effective Dates
    • Intercompany Gain with Respect to Group Member Stock
      • Background
      • New Guidance
    • ACE Adjustment - Life/Nonlife Consolidated Groups
      • Facts
      • Analysis
      • Takeaway
  • Chapter 8 - Partnerships and Partners
    • Learning Objectives
    • Substantial Economic Effect - Look-Through Entity Partners
      • Substantial Economic Effect
      • Final Regulations
    • Partnership Changes in the Mortgage Forgiveness Act of 2007
      • Failure to File Partnership Return
      • Disclosure of Partnership Return to Partner
      • Section 6698 Penalty Increase by $1 for Years Beginning in 2008
    • Partnership and Trust Auto Extension Reduced
      • Takeaway
    • Business Interest of Securities Trading Partnership Subject to ~§~163(d) Limitation at the Partner Level
      • Takeaway
    • Additional Detail on Interest Expense of Partnerships
      • Takeaway
    • Further Practical Guidance on Investment Interest of Partners
    • DRO Did Not Increase At-risk Amount
      • Facts
      • Analysis
      • Takeaway
    • Distinguishing Management Fees of Upper and Lower Tier Partnerships
      • Takeaway
    • Income Timing of Crop Insurance Proceeds
      • Facts
      • Analysis
    • ~§~704(c) Anti-abuse - Proposed Regulations
      • Background
      • Proposed Guidance
  • Chapter 9 - Depreciation and Amortization
    • Learning Objectives
    • Section 179
      • Background
      • Current Limits
      • Go Zone and Enterprise Zones
    • Bonus Depreciation
      • Property Requirements
      • Binding Contract
      • Electing Out and AMT
      • Self-Constructed, Sale-Leaseback, and Related Parties
      • Increased ~§~280F Limit
      • Original Use
      • Interaction with ~§~179 and Regular MACRS
      • Placed in Service and Disposed in the Same Tax Year
      • Like-kind Exchanges and Involuntary Conversions
      • Change in Use
      • Other Items
    • Depreciation of Race Horses
      • Background
      • Under Two-Year-Old Horses Are Three-Year Property (2009-2013)
  • Chapter 10 - Gains and Losses
    • Learning Objectives
    • Gain Exclusion Improved for Surviving Spouses
      • Background
      • Surviving Spouses Window Now Two Years
      • Takeaway
    • Safe Harbor - Exchanges of Dwelling Units
      • Takeaway
      • Additional Takeaway
    • ~§~121 Exclusion Does Not Apply to Nonqualified Use
    • Unforeseen Circumstances - Blended Family
    • Suspension of Five-year Period for ~§~121 Gain on Sale by Certain Peace Corps Volunteers - Heroes Act ~§~110
      • Background
      • 10-Year Suspension for Peace Corps Volunteers
    • Suspension of Five-year period for ~§~121 Gain on Sale by Certain Intelligence Employees - Heroes Act ~§~110
      • Background
      • Intelligence Provisions Made Permanent
    • Obtaining Like-kind Replacement Property By Way of a Disregarded Entity
      • Facts
      • Analysis
    • ~§~1031 Exchange - Development Rights for Fee Interest
      • Takeaway
    • Exchange of Ditch, Reservoir, or Irrigation Company Stock
    • Application of Wash Sale Rule to Purchase by Seller's IRA
      • Takeaway
    • Withdrawal of Proposed Regulations Affecting Receivables Acquired for Services
    • Instrument Issued and Redeemed in U.S. Dollars with Euro Based Return Is Euro Denominated Debt
      • Takeaway
    • Losses on Abandoned Securities
      • Takeaway
    • LLC Allowed to Revoke Election Out of Installment Method Due to Accountant's Error
      • Takeaway
    • Manner of Electing Capital Treatment for Sales of Musical Works
    • Noncompetition Agreement Not Sale of Personal Goodwill
      • Facts
      • Analysis
      • Takeaway
    • Exchanging Annuity Contracts
      • Background
      • New Guidance
  • Chapter 11 - Credits
    • Learning Objectives
    • Guidance Related to the New Energy Efficient Home Credit
      • Certification
      • Software
      • Manufactured Homes
    • Adjustment to Students Not Disqualifying a Low Income Housing Unit for ~§~42 Purposes
    • Employer Wage Credit for Activated Military Reservists - Heroes Act ~§~111
      • Background
      • Employer Wage Credit
    • Biofuel Credit
      • Background
      • Change to Credit
    • Alcohol Credit
      • Reduction in Rate
      • Limit on Denaturants
    • Modification of Awards - ~§~~§~48A and 48B
      • Background
      • Modification of Awards
    • Security Tax Credit
    • Housing Credit Changes
      • Temporary Increase in Allocation
      • Increase in Applicable Percentage
      • Modifications to Eligible Basis
      • Other Reform of Low-income Housing Incentives
      • Treatment of Basic Housing Allowances for Income Eligibility
      • Recycling Tax Exempt Debt
      • Coordination of Low-income Housing Credit and Qualified Residential Rental Project Exempt Facility Bonds
      • Hold Harmless Provision
      • Annual Recertification Requirement
    • Other Housing Act Bond and Credit Related Issues
      • Modifications to Qualified Private Activity Bond Rules for Housing
      • AMT Related Issues
      • Bonds Guaranteed by Federal Home Loan Banks
      • Modification Related to FIRPTA Nonforeign Affidavits
      • Modification of the Definition of Tax-Exempt Use Property for the Rehabilitation Credit
      • Mortgage Revenue Bonds in Presidentially Declared Disaster Areas
    • Election to Accelerate Research and Minimum Tax Credits
  • Chapter 12 - Accounting Periods and Methods
    • Learning Objectives
    • Safe Harbor for Rolling Method of Inventory
      • Takeaway
    • Use of the Recurring Item Exception for Payroll Taxes on Vacation Pay and Bonuses
      • Takeaway
    • Correcting Inventory Calculation - Accounting Method Change
      • Facts
      • Holding
      • Takeaway
    • Alternative Dollar-Value LIFO Pooling Method for Vehicles
      • Vehicle-Pool Method
      • Takeaway
    • Treatment of Expenditures Related to Tangible Assets - Deduct or Capitalize
      • Materials and Supplies
      • Capital Expenditures
      • Facilitative Costs
      • De Minimis Rule for Acquisition or Production of Property
      • Improvements
      • Routine Maintenance Safe Harbor
      • Betterments
      • Restoration
      • Optional Regulatory Accounting Method
      • Repair Allowance
      • Method Change
    • Proposed Regulations for Construction Contracts
      • Background
      • Proposed Guidance
    • Percentage of Completion Method Allowed
      • Facts
      • Reasoning
  • Chapter 13 - Retirement Plans
    • Learning Objectives
    • Limitation Amounts
      • Plan Limits
      • IRA Limits
    • Survivor and Disability Payments - Heroes Act ~§~104
      • Background
      • New Requirements
    • Contributions of Military Death Gratuities to Tax-Favored Accounts - Heroes Act ~§~109
      • Background
      • Contributions to Favored Accounts
    • Pension Protection Act Guidance
      • Rollovers to Roth IRAs
      • Additional Survivor Annuity Options
      • Interest Rate
      • Gap Period Earnings
    • IRA to Roth Conversion Regulations
    • Non-spouse Beneficiary with Late Minimum Distribution
      • Takeaway
    • Early Distributions from an ESOP
      • Facts
      • Analysis
      • Takeaway
    • Distribution for Unreimbursed Moving Cost Subject to 10% Penalty
    • Disability Payments Converted to Retirement Payments
  • Chapter 14 - Fringe Benefits
    • Learning Objectives
    • HSAs
      • Adjusted HSA Amounts for 2008 and 2009
      • Final Regs - Comparable Contributions - No HSA on December 31
      • Proposed Regulations
      • Notice 2008-52
      • Notice 2008-51
      • Other Guidance
    • Disposing of Unused Health Benefits in a FSA - Heroes Act ~§~114
      • Background
      • Qualified Reservist Distributions Allowed
    • Parity in Mental Health Benefits - Heroes Act ~§~401
      • Background
      • Extension for One Year
    • ~§~457(f) and 409A Guidance for Teachers
  • Chapter 15 - Withholding, SE, and FICA Issues
    • Learning Objectives
    • Withholding on Supplemental Wages
      • Supplemental Wages
      • Aggregate and Optional Flat Methods
      • Percentage and Wage Bracket Methods for Regular Wages
      • Examples
      • Takeaway
    • Supplemental Unemployment Compensation Benefits - CSX Corp.
      • Facts
      • Analysis
    • Final Regulations Related to Employment Tax Adjustments
      • Background
      • Interest-free Adjustments
      • Payments
      • Refunds
    • Energy Act Extends FUTA (0.2%) Surtax through 2008
    • Differential Military Pay as Wages - Heroes Act ~§~105
      • Background
      • Differential Pay within Definition of Wages
    • Certain Domestically Controlled Foreign Persons Performing Services under Contract with the U.S. Treated as American Employers - Heroes Act ~§~302
      • Background
      • Controlled Foreign Persons Subject to FICA
    • No SECA Tax on CRP Payments to the Retired or Disabled
      • Background
      • CRP Payments Not SE to Retired or Disabled Individuals
    • Indexing Amounts SECA Optional Methods
      • Background
      • Indexing to Provide Coverage
      • Corporate Estimated Tax Gimmickry Changes Again
  • Chapter 16 - Estates, Gifts, and Trusts
    • Learning Objectives
    • Rates and Indexed Amounts
      • Estate and Gift Tax Rates
      • Estate and Gift Tax Unified Credit (Exclusion) Amounts
      • Annual Gift Tax Exclusion
    • Proposed Regulations Affecting the Alternate Valuation Date Election
    • Trust Investment Advisory Fees Subject to 2% Floor
      • Background
      • Reasoning
      • Takeaway
    • DAT Transactions Are Listed Transactions
    • Division of Charitable Remainder Trusts
      • Background and Analysis
      • Examples
    • Power to Substitute Equivalent Value Assets
      • Background and Analysis
      • Example
  • Chapter 17 - Tax Exempt Organizations
    • Learning Objectives
    • Final Regulations Excess Benefit Transactions
    • Qualified Mortgage Bond Program - Heroes Act ~§~103
      • Background
      • Homebuyer Exception Extended
    • Final Regulations - Donees of Intellectual Property
    • 990-T Availability
      • Background
      • Notice 2008-49 Guidance
  • Chapter 18 - IRS Compliance Matters
    • Learning Objectives
    • Change in Realistic Possibility Standard and Return Preparer Definition - Updated Guidance
      • Background
      • 2007 Transitional Relief for Return Preparer Penalties
      • Notice 2008-13, 2008-3 IRB 282, Interim Rules
      • Supplemental Guidance to Notice 2008-13
    • Proposed Regulation Changes Related to Preparer Penalties
      • Electronic Filing
      • Responsibility
      • Disclosure
    • Disclosure of Tax Return Information by Preparers and Consent
      • Penalties
      • Preparer
      • Information
      • Use and Disclosure
      • Consent
      • Permitted Disclosures without Consent
      • Disclosure to Other Preparers and Contractors
      • Provision of Consent
      • Consent or Disclosure for the Form 1040 Series
    • Form Disclosure for ~§~6662(d) and ~§~6694(a) - Years Beginning by December 31, 2007
      • Background
      • New Guidance
    • Contingent Fee Guidance
    • IRS Commissioner's Term
    • Authority to Disclose Return Information for Certain Veterans Programs Permanent - Heroes Act ~§~108
      • Background
      • Authority to Disclose to Veterans Affairs Permanent
    • Minimum Penalty for Failing to File - Heroes Act ~§~303
      • Background
      • Amount Increased
  • Chapter 19 - Practice Aids
    • Learning Objectives
    • Tax Rate Schedules for 2008
      • Married Individuals Filing Joint Returns and Surviving Spouses
      • Heads of Households
      • Unmarried Individuals (Other than Surviving Spouses and Heads of Households)
      • Married Individuals Filing Separate Returns
      • Estates and Trusts
      • Corporations
    • Circuit Court of Appeals by State/Territory
    • 2008 Mileage Rates
      • January 1 through June 30, 2008
      • July 1 through December 31, 2008
    • Maximum Auto Value Amounts
    • Auto Depreciation Limits - ~§~280F
    • Lease Inclusion Amounts - ~§~280F
  • Chapter 20 - Ethics Focus: Taxation
    • Ethics Overview
    • Recent Developments
    • Spotlight on Independence in Tax Services
    • Key Ethical Dilemmas and Judgment Calls
    • Addressing Ethical Dilemmas
    • Available Resources
  • Chapter 21 - Latest Developments

731137

Excerpts

Chapter 0 - Introduction

This update will review sections of multiple laws passed since last year's update. They are labeled in the update as follows:

  • The Housing Assistance Tax Act of 2008 - Housing Act
  • The Heartland, Habitat, Harvest and Horticulture Act of 2008 - Farm Act
  • The Heroes Earnings Assistance and Relief Act of 2008 - Heroes Act
  • The Economic Stimulus Act of 2008 - Stimulus Act
  • The Mortgage Forgiveness Debt Relief Act of 2007 - Mortgage Act

In addition to these laws this course will discuss guidance from both the executive and judicial branches. Given the volume of statutory, administrative, and judicial guidance that is issued every year, it is impossible to cover all items. The goal of this course is to provide insight into the areas deemed most likely to affect CPAs in general practice. The table of contents lists the topical coverage of this course.

In addition to formally published guidance, this update includes some cases that are listed as unpublished opinions by the various courts. These cases are not included in the update to be used as precedent. Legal advice should be sought before such use is made. They are included, however, to provide the participant in this course with knowledge of how the courts are interpreting matters of interest. Likewise, private rulings issued by the Service, while only binding, with regard to that particular taxpayer, are useful to practitioners in identifying the Service's opinion of various issues for which higher levels of administrative guidance have not been issued.

Throughout the text, references made to the Service should be taken by the reader to mean the Internal Revenue Service (IRS) unless otherwise noted. Similarly, in some cases in which the statutory guidance refers to either the Secretary or Commissioner, the author may have substituted the term Service. This is done for simplicity since the Service is the designee of the Secretary in the case of tax matters. Use of the word Section (at the beginning of sentences or paragraphs) or the ~§~ symbol (within sentences) throughout the course should be taken to mean the relevant section of the Internal Revenue Code unless otherwise noted.

It is important to note that as of the time this manual went to print, many expiring provisions have not yet been extended to cover 2008. It will be important that practitioners watch for changes in this area prior to filing 2008 returns. Some of the major provisions not yet extended for 2008 include the following:

  • AMT Exemption Patch
  • Use of Most Individual Credits for AMT
  • Sales Taxes Instead of State Income Taxes as an Itemized Deduction
  • Tuition and Fees Deduction
  • For-AGI Educator Deduction
  • Distributing IRA Amounts Directly to Charities if 70 ~½~ or Over
  • 15 Year Expensing of Qualified Leasehold Improvements
  • 15 Year Expensing of Qualified Restaurant Property
  • Research Credit
  • Indian Employment Credit
  • DC Homebuyer Credit

Chapter 1 - Income

Learning Objectives
After completing this chapter you should be

  • Updated regarding mortgage forgiveness relief.
  • Updated regarding benefits for emergency responders.
  • Updated regarding other miscellaneous inclusions and exclusions from income.
  • Updated regarding Kansas and Go Zone provisions.
  • Updated regarding farm activities.
  • Updated regarding hobby loss determinations.

Mortgage Forgiveness Relief
The Mortgage Forgiveness Debt Relief Act of 2007 (hereafter Mortgage Act) was signed by the President on December 20, 2007. The first item in the Mortgage Act was a provision to relieve taxpayers of forgiveness of debt income related to their homes.

Background
Ordinarily, income from the discharge of debt is taxable income unless it meets one of the exceptions under ~§~108. These exceptions under ~§~108(a)(1) are applicable when

  • The discharge occurs in a title 11 case,
  • The discharge occurs when the taxpayer is insolvent,
  • The indebtedness discharged is qualified farm indebtedness,
  • In the case of a taxpayer other than a C corporation, the indebtedness discharged is qualified real property business indebtedness.

When one of these exceptions is met, the taxpayer will generally reduce certain tax attributes by the amount of the discharge per ~§~108(b).

Technically there is a difference between recourse and nonrecourse debts in terms of how they affect the borrower. However, the House Committee Report 110-356 (which is not an official committee report for reference purposes) example, which is reproduced below, really describes recourse debt treatment. An example is not provided that specified whether the debt is recourse or nonrecourse.

731137

Videocourse Details

NASBA Field of Study: Taxes
Level: Update
Recommended CPE Credit: 31
AICPA's Federal Tax Update (2008 Edition)
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