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You Decide Week 3

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MEMORANDUM
TO: JOHN SMITH, JD
FROM: , CPA
DATE: MARCH 25, 2012
SUBJECT: Recommendations of tax affairs for prospective clients John and Jane Smith
Thank you for stopping by my office on Monday to discuss the relevant inquiries you and your wife Jane have while planning your 2011 tax return. I am only responding to the issues we discussed. I am confident that I can provide the best guidance to minimize your tax liability for I have been in practice for 5 yrs. As you know, there will be a billing for this consultation, but no tax return will be prepared unless an agreement is met. The issues to be discussed are as follows:
1. John Smith tax issues:
a. How is the $300,000 treated for purposes of Federal tax …show more content…

Should you buy a new house or pay off the old mortgage. When it comes to tax laws mortgage interest expense is applied as a deduction only for itemized and even that amount is only used if it exceeds the standard deduction. Section 163 (d), provides the limitations on investment interest, and Section 163 (h), disallows deductions for personal interest unless exempt. For 2011, the standard deduction amount for MFJ is 11,800. There is a tax savings of $50,000 that can be used towards a new home when a taxpayer sells principal residence. IRC Section 56 defines a qualified housing interest § 56(e)(1) as interest on any indebtedness resulting from the refinancing of indebtedness meeting the requirements of qualified housing interest, but only to the extent that the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness immediately before the refinancing. In short, if you refinance your home, you cannot typically claim the entire amount of the refinance as a deduction even if you take on more debt.
2b) Can John and Jane Smith utilize a 1031 tax exchange to buy a more expensive house using additional money from John’s case?
Buying a new home becomes a great investment since the IRS has an exchange code that taxes only the gain of a sale of a personal home. IRC Section 1001 states that in general, whenever an asset is sold or

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