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AICPA's Annual Federal Tax Update (2009 Edition)

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

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. This update 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 cases and 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
    • First $2,400 of Unemployment Not Taxable in 2009
      • Background
      • First $2,400 Not Taxable in Tax Years beginning in 2009
    • Income from Discharge of Business Debt
      • Background
      • New Provision to Defer COD Income for Business Debt
    • Guidance on Reporting 2009 RMD
      • Background
      • IRA Reporting Instructions
      • Takeaway
    • Attorneys’ Fees in Class Action Suit Not Income to Class Members
      • Facts
      • Authority
      • Analysis
      • Takeaway
    • Surviving Spouse and Material Participation
      • Facts
      • Authority and Reasoning
      • Takeaway
    • Grouping with C Corporation Not Allowed
      • Issue
      • Facts
      • Reasoning
      • Takeaway
    • Agent Considered a Real Estate Professional
      • Facts
      • Reasoning
      • Takeaway
    • Audit Guide for §183
      • Review of the Factors
      • Pre-audit Analysis
      • Takeaway
    • Fishing Activity Not Conducted as Business for Profit
      • Facts
      • Reasoning
      • Takeaway
    • Transportation Fringe Benefits
      • Background
      • Parity in Benefits for Passes and Pooling
    • Expanded Expenses for §529 Plans in 2009 and 2010
      • Background
      • Expanded Expenses Allowed
    • Changing 529 Investment Strategy
      • Background
      • Changes in Strategy Allowed Twice in 2009
    • Life Contracts for Profit
      • Issue
      • Background
      • Examples
      • Takeaway
    • Surrender or Sale of Life Contracts and Cash Value
      • Background
      • Issue
      • Examples
      • Effective Date
      • Takeaway
    • Life Contracts Maturing after Age 100
      • Background
      • Proposed Safe Harbor
      • Effective Date and Other Items
      • Takeaway
    • RIC Safe Harbor - Payments from Advisors
      • Background
      • Procedure
    • Cash for Clunkers
      • Program
      • Vouchers and Qualifications
      • Voucher Excluded from Income
      • Time Requirements and Limitations
      • Trade-In Disposal
      • Anti-fraud Provisions
      • Information to Consumers and Dealers
      • Program Study
      • Terminology for this Program
      • Reminders
    • Industrial Development Bonds
      • Background
      • Expanded Definition through 2010
    • Qualified School Construction Bonds and Qualified Zone Academy Bonds
      • Background
      • Extension and Expansion of the Qualified Zone Academy Bond Program
      • Creation of Qualified School Construction Bonds
    • Build America Bonds
      • Background
      • Build America Bonds Added
      • Credit Available to Issuer Instead
      • Example
      • Notice 2009-26 Issued
    • Recovery Zone Bonds
      • Background
      • New Recovery Zone Bond Program
      • Purchase - §179(d)(2)
      • Effective Date and Additional Guidance
    • Tribal Economic Development Bonds
      • Background
      • Tribal Economic Development Bonds
    • High-Speed Intercity Rail Facility Bonds
      • Background
      • Recovery Act Change
    • HAMP Payments Excludable
      • Background
      • Analysis
  • Chapter 2 - Deductions
    • Learning Objectives
    • Selected Deduction Amounts
      • Standard Deduction Amounts for 2009 Returns
      • Itemized Deduction Phase-out
      • Personal Exemptions
      • Long-Term Care Premium Deduction Limit
    • Deduction for Vehicle Sales and Excise Taxes
      • Background
      • New Deduction
    • Deduction for Mortgage Insurance Premiums - Temporary Regulations Issued
      • Background
      • Temporary Regulations Issued in 2009
    • Mortgage Interest Allocation for Co-owned Property
      • Facts
      • Authority
      • Analysis
      • Takeaway
    • Expenses Prior to Beginning Business
      • Facts
      • Reasoning
      • Takeaway
    • OID on High-Yield Obligations
      • Background
      • Temporary Suspension
    • Financial Institutions and Tax-Exempt Interest
      • Background
      • Safe Harbor
      • Small Issuer Exception
    • TARP Compensation Limit
      • Background
      • Recovery Act Changes
    • Closely Held allowed Bonus to Owner/CEO
      • Facts
      • Reasoning
      • Takeaway
    • Corporation Not Allowed Deduction for ESOP Redemption Payments
      • Facts
      • Reasoning
      • Takeaway
    • Other Extenders Legislation
      • Background
      • Extenders Legislation
  • Chapter 3 - Tax Calculations
    • Learning Objectives
    • Capital Gains/Qualifying Dividend Tax Rates
      • Review of Section 1202 Stock
      • 2009 Year-End Planning
    • Kiddie Tax Amounts for 2009
    • Individual Alternative Minimum Tax
      • AMT Exemption Amount Increased for 2009
      • Use of Nonrefundable Personal Credits Allowed in 2009
      • Estate, Trust, and Corporate Exemptions Unchanged in 2009
      • Caution Recommended with Estimated Payments
    • Private Activity Bond Interest
      • Background
      • No Adjustment or Preference for 2009 and 2010 Issues
    • Alternative Motor Vehicle Credit Allowed as Personal Credit against AMT
      • Background
      • Recovery Act Change
  • Chapter 4 - Individual Credits
    • Learning Objectives
    • First-Time Homebuyer Credit - Changed for 2009
      • Background - 2008 Credit
      • Recovery Act Changes to the Credit
      • Notice 2009-12
    • Making Work Pay Credit
      • News Release IR 2009-13
      • Additional Items
    • Recovery Payments for Social Security Recipients
    • Special Credit for Government Retirees
    • American Opportunity Tax Credit (Improved Hope)
      • Background
      • American Opportunity Tax Credit for 2009 and 2010
      • Key Items
    • Unused Minimum Tax Credit
      • Background
      • Extenders’ Change
    • Adoption Credit - §23
    • Saver’s Credit - §25B
    • Refundable Child Tax Credit
      • Background
      • Temporary Increase in the Refundable Portion
    • Earned Income Tax Credit Increase
      • Background
      • Increase for Three or More Children and Marriage Penalty Relief
    • Residential Alternative Energy Credit
      • Background
      • Improved Credit for 2009 through 2016
    • Residential Energy Efficient Property
      • Background
      • Improved Credit
    • Updated Interim Guidance for §25C
      • Manufacturer’s Certification
      • Energy Star Not Always Okay for §25C
      • Transition Rules
      • Takeaway
    • Additional §25D Guidance
      • Manufacturer’s Certification
      • Erroneous Certification
      • Other Items
      • Joint Occupancy
    • Changes to Plug-in Vehicle Credits
      • Background
      • Recovery Act Provision for Plug-in Vehicles
      • Credit for Certain Plug-in Vehicles
      • Plug-in Conversion Credit
    • Additional Plug-in Vehicle Guidance
    • Ford Hits 60,000 Vehicle Limit
      • Background
      • Ford Hits the Phaseout Limit
      • Takeaway
    • RIC Pass-Through of Credits from Bonds
      • Background
      • Recovery Act Addresses Pass-Through of Credits for a RIC
    • Expand New Clean Renewable Energy Bonds
      • Background
      • Recovery Act Expands Program
    • Expanding Qualified Energy Conservation Bonds
      • Background
      • Recovery Act Expansion
    • Alternative Fuel Refueling Property Credit
      • Background
      • Recovery Act Changes
    • Health Coverage Tax Credit
      • Background
      • Recovery Act Change
  • Chapter 5 - Filing Matters
    • Learning Objectives
    • Small Business Owner Estimated Tax Requirement
      • Background
      • Improved Exception for Small Business Owners for 2009
    • Foreign Bank Account Reporting Announcement
      • Takeaway
    • Reduced Research Credit Election
      • Background
      • Proposed Guidance
    • Child Related Credits not Available for Non-Dependent
      • Facts
      • Analysis
      • Takeaway
    • 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
    • Additional Status and Credit Guidance
      • Facts
      • Analysis
      • Takeaway
  • Chapter 6 - S Corporations and Shareholders
    • Learning Objectives
    • Reduction of Built-in Gains Period for 2009 and 2010
      • Background
      • Recovery Period Shortened for 2009 and 2010
    • Unincorporated Entities Electing S Status
      • Background
      • Issue
      • Holding
      • Takeaway
    • S Corporation Open Account Debt
      • Background
      • Final Guidance
      • Examples
      • Effective Date
      • Takeaway
    • Salaries Qualified as Built-in Loss Items
      • Facts
      • Authority
      • Analysis
      • Takeaway
  • Chapter 7 - C Corporations and Shareholders
    • Learning Objectives
    • Temporary Controlled Group Regulations Finalized
      • Group Definitions
      • Voting Power
      • Component Members
      • Testing Date and Period
      • Excluded Members
      • Additional Members
      • Tie-Breakers
    • Recovery Act Section 382 Ownership Changes
      • Background
      • Recovery Act Change to Notice 2008-83
      • Recovery Act Change for Stabilization Act Agreements
    • Continuity of Interest - Creditors as Proprietors
      • Background
      • Final Guidance
    • Rulings on §355 Issues
      • Background
      • New Rule under the Procedure
      • Takeaway
    • Guidance for Instruments Received by the Treasury and §382
      • Background
      • Guidance to Corporations for Instruments Acquired under the Stabilization Act
      • Reliance
    • Acquirer Basis in B Reorganization Stock
      • Background
      • Proposed Guidance
    • COLI
      • Background
      • Q and A Guidance
      • Effective Date
      • Takeaway
    • Recovery of Stock Basis and §301
      • Background
      • Distributions with Respect to Stock and Dividend Equivalent Transactions
      • Redemptions Treated as a Sale or Exchange Per §302(a)
      • Applying Tracing Principals to §351 Exchanges
      • Areas Unaddressed
  • Chapter 8 - S Corporations - Election and Corporate Level Taxes
    • Learning Objectives
    • Proposed Guidance Related to Partner’s Varying Interests
      • Background
      • Proposed Regulations Varying Interest Rule
      • Deemed Dispositions
      • Taxable Years of Partnerships
      • Cash Basis Items
      • Tiered Partnerships
      • Proposed Effective Date
    • Countryside Limited Partnership - Privilege
      • Prior Case - Redemption Not Lacking Economic Substance
      • Current Issue - Privilege
      • Takeaway
    • Overstating as Omissions
      • Overstating Basis Not Same as Omission - Bakersfield Energy
      • Ninth Circuit Weighs in on Bakersfield
      • Takeaway
    • Partnership Not Small for TEFRA Procedures Due to Same Share Rule
      • Tax Court
      • CA9
      • Takeaway
    • LLC and LLP Interests Not Automatically Limited Partner Interest for Passive Loss Rules
      • Facts
      • Issue
      • Reasoning
      • Takeaway
    • Additional Decision on LLC Members and Material Participation
      • Facts
      • Reasoning
      • Takeaway
    • Taxpayer Not Beneficial Owner of Interest
      • Facts
      • Reasoning
      • Takeaway
    • DRO Release Is a Partnership Level Item
      • Facts
      • Issue
      • Reasoning
      • Takeaway
    • Rejecting Offers Related to Tax Shelter Partnerships
      • Facts
      • Reasoning
      • Takeaway
    • Distributions of Loan Proceeds to Limited Partners
      • Facts
      • Authority
      • Analysis
      • Takeaway
  • Chapter 9 - Depreciation and Amortization
    • Learning Objectives
    • Section 179
      • Background
      • Current Limits
      • Go Zone and Enterprise Zones
    • Bonus Depreciation
      • Property Requirements
      • 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 Term Interest Including Land
      • Facts
      • Authority
      • Analysis
      • Takeaway
  • Chapter 10 - Gains and Losses
    • 3-, 4-, or 5-Year NOL Carryback Potential for 2008 for Small Businesses
      • Background
      • Small Business Losses for 2008
      • Controversy over Testing Period
      • Revenue Procedure 2009-26 (Superseding 2009-19)
      • Special Cases
    • §121 Exclusion and Nonqualified Use
    • Ponzi Guidance
      • Issues
      • Background
      • Results
      • Example
      • Other Effects of the Ruling
      • Takeaway
    • Additional Ponzi Victim Guidance
      • Background
      • Current Guidance
      • Application of the Guidance
      • Procedure to Follow for Safe Harbor
      • Those Not Using Safe Harbor
      • Appendix
    • Worthless Securities in Affiliated Corporations
      • Facts
      • Authority and Reasoning
      • Takeaway
    • Losses on Fannie and Freddie Preferred Stock - Interaction of Partnerships and Qualifying Institutions
      • Background
      • Guidance
      • Effects
    • Suspended Losses of Sub When Parent Converts to an LLC
      • Facts
      • Holding
      • Takeaway
    • Intangibles Separable from Goodwill May Be Like-Kind
      • Background
      • Revised Opinion
      • Takeaway
    • Development Rights under Put Option Like-Kind
      • Facts
      • Authority
      • Analysis
      • Takeaway
    • Like-Kind Exchange Not Accomplished
      • Facts
      • Analysis
      • Takeaway
    • Noncompetition Agreement Not Sale of Personal Goodwill
      • Facts
      • Analysis
      • Takeaway
  • Chapter 11 - Credits
    • Learning Objectives
    • New Categories for the Work Opportunity Credit
      • Background
      • Two Additional Categories
    • Additional Guidance for WOTC
    • Ability to Elect Investment Credit instead of Production Credit
      • Background
      • Election
      • Notice 2009-52 Additional Guidance
    • Modification of the Energy Credit
      • Background
      • Recovery Act Removes Wind Credit Cap
      • Recovery Act Removes Basis Reduction for Subsidized Financing
    • Corporations Electing No Bonus to Take Credits
      • Background
      • Electing
      • Late Election
      • Allocating the Bonus Depreciation Amount
      • Partnerships with Corporate Partners Making the Election
      • S Corporations
      • Housing Act and Applicable Partnerships
      • Takeaway
    • Recovery Act Extends Bonus for Credits Election
    • Low Income Housing Grants
      • Background
      • Recovery Act Authorizes Grants in Lieu
    • Extension and Modification of the New Market Credit
      • Background
      • Recovery Act Changes
    • Extension of the Renewable Electricity Production Credit
      • Background
      • Recovery Act Extends Provision
    • Grants for Energy Property in Lieu of Credits
      • Background
      • Recovery Act Provides for Grants in Lieu of Credit
    • Credit for Carbon Dioxide Sequestration
      • Background
      • Recovery Act Change
    • Credit for Investment in Advanced Energy Property
      • Background
      • Recovery Act Establishes Credit
  • Chapter 12 - Accounting Methods and Periods
    • Learning Objective
    • Consent to Report Transactions on a Separate Basis
      • Background
      • New Guidance
      • Required Information
      • Factors Considered
      • Effect of the Consent
      • Revocation
      • Valid Consent Not Previously Obtained
      • Effective Date and Impact
    • Obligations between Consolidated Group Members
      • Final Guidance
      • Takeaway
    • Accruing Income for Government Service Contracts
      • Facts
      • Authority and Reasoning
      • Takeaway
    • Transfers of Slow-Moving Inventory
      • Facts
      • Reasoning
      • Takeaway
  • Chapter 13 - Retirement Plans
    • Learning Objectives
    • Retirement Limits
      • Plan Limits
      • IRA Limits
    • NUA and Put Options
      • Facts
      • Reasoning and Authority
      • Takeaway
    • Guidance Affecting Automatic Contribution Arrangements
      • Background
      • Qualified Automatic Contribution Arrangement under §401(k)(13)
      • Eligible Automatic Contribution Arrangement under §414(w)
      • Other Issues
    • Proposed Amendments for Matching Requirements
      • Background
      • Proposed Guidance
  • Chapter 14 - Fringe Benefits
    • Learning Objectives
    • HSAs
      • Adjusted HSA Amounts for 2009 and 2010
    • Transportation Fringe Benefits
      • Background
      • Parity in Benefits for Passes and Pooling
    • COBRA
      • Review of COBRA Continuation Coverage
      • Premium Subsidy
    • Additional COBRA Guidance
      • Involuntary Termination
      • Assistance-Eligible Individual
      • Calculating the Premium Reduction
      • Eligible Coverage
      • Beginning of Reduction Period
      • End of Reduction Period
      • Premium Recapture
      • Extended Election Period
      • Payments to Insurers under Federal COBRA
      • Comparable State Continuation Coverage
    • Interaction of TARP and Nonqualified Deferred Compensation Plans
      • Takeaway
    • Section 409A and 457A
      • Section 409A Calculation Proposed Regulations
      • Notice 2008-113
      • Notice 2009-8 (§457A)
  • Chapter 15 - Taxes and Credits
    • Learning Objectives
    • Withholding Requirements on Differential Pay to Active Duty Personnel
      • Background
      • Issue
      • Holding
      • Example
      • Effect of Other Guidance
      • Effective Date
      • Takeaway
    • Government Contractor Withholding Delayed a Year
      • Background
      • Recovery Act Delays the Requirement One Year
    • Proposed Rules for Government Withholding on Payments
      • Background
      • Proposed Guidance
    • Form 944 Requirement
      • Background
      • Procedure 2009-13 Guidance
      • Takeaway
    • Form 944 Temporary Regulations
      • Background
      • New Temporary Guidance
  • Chapter 16 - Estate, Gift, and Trust Tax
    • Learning Objectives
    • Estate and Gift Rates and Exclusions
      • Estate and Gift Tax Rates
      • Estate and Gift Tax Unified Credit (Exclusion) Amounts
      • Annual Gift Tax Exclusion
    • CRT Transaction of Interest
      • Example Pattern
      • Concerns
      • Effective Date
      • Affected Parties
      • Penalties
      • Takeaway
    • Bundled Trust Advisory Fees
      • Background
      • Forthcoming Guidance
      • Takeaway
  • Chapter 17 - Tax-Exempt Organizations
    • Learning Objectives
    • Fast-Track - Tax-Exempts and Governmental Entities
      • Eligibility
      • Application
      • Settlement
    • Private Foundations - Determining Grantee Status
      • Background
      • Procedure
  • Chapter 18 - IRS Compliance Matters
    • Learning Objectives
    • Forms Requiring Signature and Penalties
      • Background
      • Procedure 2009-11
      • Effective Date and Effect on Other Guidance
      • Takeaway
    • Guidance Related to Unreasonable Tax Positions
      • Background
      • Effect of Extenders Act on Previous Notices
      • Substantial Authority
      • Interim Penalty Compliance Rules for Tax Shelter Transactions
      • Effective Date and Effect on Other Guidance
      • Takeaway
    • Final Regulations for §§6694 and 6695
      • Background
      • Furnishing of Copy of the Tax Return and Retaining Copy
      • Signing Preparer
      • Furnishing Identification Number
      • Defining the Preparer within a Firm
      • Reliance on Information Provided
      • Use of Estimates
      • Income-Derived Determination in Computing Penalty Amount
      • Firm Liability
      • Reasonable to Believe That More Likely Than Not
      • Adequate Disclosure
      • Reasonable Cause
      • Burden of Proof
      • Negotiation of Check
      • Due Diligence for Earned Income Credit
      • Definition of Tax Return Preparer
      • List of Returns Subject to Penalty
      • Appraisers
      • Disclosure under §6103
      • Appeal Rights
      • Effective Date and Effects of Other Guidance
    • Disclosure of Social Security Number Limited Outside of the U.S.
    • Matching Procedures Now Available for Payment Transaction Reporters
      • Background
      • Those Subject to §6050W May Use the Matching Procedure
      • Takeaway
    • Use of Statistical Information to Support Preparation Business
      • Background
      • New Guidance
      • Examples
      • Effective and Expiration Dates
      • Takeaway
    • Regulations for Agencies Receiving Tax Information
      • Background
      • Final Guidance
      • Effective Date
    • Disaster Deadline Postponement Regulations
      • Background
      • Final Guidance
    • Service to Examine Preparer Issues
    • Security Standards for E-file Providers
      • Extended Validation SSL Certificate
      • External Vulnerability Scan
      • Information Privacy and Safeguard Policies
      • Protection against Bulk Filing of Fraudulent Income Tax Returns
      • Public Domain Name Registration
      • Reporting of Security Incidents
    • Transactions of Interest
      • Background
      • Transactions of Interest
    • Listed Transactions
      • Listed Transactions
    • IRS Strategic Plan
      • Trends
      • Goals
      • Strategic Foundation
      • Takeaway
    • Dirty Dozen Scams
      • Phishing
      • Hiding Income Offshore
      • Filing False or Misleading Forms
      • Abuse of Charitable Organizations and Deductions
      • Return Preparer Fraud
      • Frivolous Arguments
      • False Claims for Refund and Requests for Abatement
      • Abusive Retirement Plans
      • Disguised Corporate Ownership
      • Zero Wages
      • Misuse of Trusts
      • Fuel Tax Credit Scams
      • Reporting Suspected Fraud
  • Chapter 19 - Tax Proposals
    • Green Book Proposals - Individuals
      • Returning the 36% and 39.6% Top Marginal Rates
      • Return the Phaseout of Itemized Deductions
      • Return of the Phaseout of Exemptions
      • Capital Gains and Dividends Rate 20% for Higher In
      • Limit the Rate That Itemized Deductions Reduce Tax to 28%
      • Indexing of the Individual AMT Amounts
      • Continuation of 2001 and 2003 Tax Cuts
      • Making Work Pay Credit
      • Earned Income Credit: Marriage Penalty Relief and Benefits for Larger Families
      • Eliminating the Advanced EIC
      • Child Tax Credit: $3,000 Earning Threshold
      • Expand the Saver’s Credit
      • Auto Enrollment in IRA
      • American Opportunity Tax Credit
      • Eliminate Cap Gains on §1202 (Small Business Stock)
      • Extend the Optional Deduction for State and Local Sales Taxes through 2010
      • Require Information Reporting for Rental Property Expense Payments
      • Repeal of the Passive Loss Exception for Working Interests
      • Require Consistency in Value for Transfer and Income Tax Purposes
      • Valuation Discounts
      • Minimum Term for a GRAT
      • Repeated Failure to File to Be a Felony
      • Allowing Assessment of Criminal Restitution as Tax
      • Expand Required E-filing by Preparers
      • Revising the Offer-in-Compromise Rules
      • Increase Information Return Penalties
      • Facilitating Compliance with Local Jurisdictions
      • Clarify That the Bad Check Penalty Applies to Other Payment Forms
      • Deny Deductions for Punitive Damages
      • Clarify the Investigative Disclosure Statute
      • International Tax Provisions
    • Green Book Proposals - Corporations
      • Make the Research and Experimentation Credit Permanent
      • Expanding the NOL Carryback Period
      • Extend Expiring Provision through 2010
      • Tax Carried (Profits) Interests
      • Codifying Economic Substance
      • Eliminate LIFO
      • Eliminate LCM
      • Require Information Reporting on Payments to Corporations
      • Require a Certified TIN from Contractors and Allow Withholding
      • Increase Information Reporting for Government Payments for Goods and Services
      • Requiring E-filing by Large Organizations
      • Penalty for Failing to Meet E-filing Requirements
      • Standards for Employee Leasing Companies and Withholding
      • Extending the Statute When a State Adjustment Affects Federal Liability
      • Requiring Accrual of Income on Forward Sale of Corporate Stock
      • Ordinary Treatment for Dealers of Equity Options and Commodities
      • Modify the Definition Control for the §249 Deduction Limit
      • FAA Financing
      • Reinstate Superfund Excise Taxes
      • International Tax Provisions
      • Oil and Gas and Extraction Changes
      • Life Insurance Companies
      • Other Items
  • Chapter 20 - Practice Aids
    • Learning Objectives
    • Tax Rate Schedules for 2009
      • 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
    • 2009 Mileage Rates
    • Maximum Auto Value Amounts
    • Auto Depreciation Limits - §280F
    • Lease Inclusion Amounts - §280F
  • Chapter 21 - Latest Developments

731138

Excerpts

Excerpt from previous edition. Please check back for updates.

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: 27.5 hours
AICPA's Federal Tax Update (2009 Edition)
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