BA 425                                                                                                               Version 1 September 25, 2006

Advanced Tax

Fall 2006

 

Course Name:            Advanced Tax

 

Course Number:        BA 425

 

Course Credits:          Four

 

Course Schedule:       BA 425 meets twice per week in two hour blocks on Tuesdays and Thursdays.

                                    BA 425 meets from 4:00 pm – 5:50 pm

                                   

Course Location         Bexell Hall Room 103

 

Prerequisites:             A grade of “C” or better in BA 325

 

Instructor:                  Larry L. Brown, CPA                         Office:             Bexell  429

 

Phone:                         541 737 3226 (Do not leave messages)       

503 799 2686 (Cell phone - leave messages)

E-mail                         larry.brown@bus.oregonstate.edu

larrybrown1031@comcast.net

 

Office Hours:             Tuesday 6:15-7:15 pm

Wednesday 8:15 am-9:45 am

                                    Thursday 2:30 pm-3:30 pm

                                    Or by appointment

 


 

Learning Resources: Textbook:

Concepts in Federal Taxation, Murphy and Higgens 2006 edition.

Other reading and resource material:

                                    Internal Revenue Code (IRC)  (a) (b) ; Income Tax Regulations (a) (b)

                                    2006 U.S. Master Tax Guide (c)

                                    Federal Estate and Gift Taxes- Code and Regulations (a)

                                    Statement of Financial Accounting Standards No.109-Accounting for Income Taxes (b)

Department of Treasury Circular No. 230-Regualtions Governing the Practice of Attorneys, Certified Public Accountants, Enrolled Agents, Enrolled Actuaries and Appraisers before the Internal Revenue Service  (b)

                                    AICPA Statements on Standards for Tax Services No. 1-8 (b)

                                    AICPA Statements on Standards for Tax Services Interpretation No. 1-2 (b)

IRS Publication1 Your Rights as a Taxpayer (b) (d)

                                    IRS Publication 5 Your Appeal Rights and How to Prepare a Protest If You Don’t Agree (b) (d)

IRS Publication 556 Examination of Returns, Appeal Rights, and Claims for Refund (b) (d)

IRS Publication 594 The IRS Collection Process (b) (d)

IRS Publication 1660 Collection Appeal Rights (b) (d)

IRS Publication 538 Accounting Periods and Methods (b) (d)

IRS Publication 544 Sales and Other Dispositions of Assets (b) (d)

IRS Publication 541 Partnerships (b) (d)

IRS Publication 542 Corporations (b) (d)

IRS Publication 3402 Tax Issues for Limited Liability Companies (a) (d)

IRS Publication 950 Introduction to Estate and Gift Taxes (a) (d)

IRS Publication 559 Survivors, Executors, and Administrators (b) (d)

IRS Publication 17 Your Federal Income Tax (b) (d)

IRS Forms and Instructions:

Forms and Instructions for 1040 (2005) (b) (d); Forms and instructions for 1065 (2005) (b) (d)

Forms and instructions for 1120 (2005) (b) (d); Forms and instructions for 1120S (2005) (b) (d)

Forms and instructions for 706 (b) (d); Forms and instructions for 709 (b) (d)

(a)    Copies of these materials will be available for your use in Bexell Hall (my office and Beta Alpha Psi tutor center)

(b)    This information is available on-line either directly or through the library web site at  http://osulibrary.oregonstate.edu/research/srg/business/accounting.html

(c)    Copies will be provided to the extent available

(d)    This information may also be available at the local IRS office or library.  The IRS office in downtown Portland, Oregon generally has a copy of each of these.


 

 

Course Description:   This course covers concepts related to the federal income tax system as it applies to corporations, S corporations, partnerships, limited liability companies, and estates and trusts.  Emphasis is placed on understanding income tax planning for business owners. Emphasis is also placed on refining the ability to research income tax issues, understanding GAAP requirements of accounting for income taxes and ethical considerations with respect to preparing income tax returns and providing income tax planning advice. This is a tough and time-consuming course.  Make sure your schedule allows you sufficient time to succeed in this course.

 

 

 

Measurable Student

Learning Outcomes:              The primary learning outcomes of BA 425 are to acquire sufficient knowledge and comprehension of the internal revenue code and regulations and federal  income tax forms and an understanding of tax research that will allow you to apply income tax concepts and income tax law primarily with respect to corporations, S corporations, partnerships, limited liability companies, and estates and trusts to properly prepare income tax returns, to analyze and solve income tax compliance issues, to formulate solutions to complex income tax planning issues, to assess various income tax issues that are proposed based on the underlying facts and circumstances and to communicate your understanding of income tax issues to clients and colleagues. More specific daily learning objectives are included in the ‘Assignment Schedule’ below.

 

 

 

Classroom

Environment:              BA 425 will be conducted primarily by lecture and classroom discussion.  There will be some time devoted to discussing assignments.  Please do not come into class late, read during class, or talk excessively with other students during lectures.  TURN THE CELL PHONES OFF.  Such behaviors are disruptive to the learning environment and disrespectful.  Respect for your fellow students and instructors are of utmost importance.  This is a cooperative learning environment and I want you to feel comfortable asking questions.  I will never intentionally make you feel uncomfortable for doing so.

 

 


 

Evaluation of

Student Performance: Course requirements include exams and various homework assignments, as further discussed below.  The weighting on the course requirements is as follows:

 

Assignment/Test

Type

Points

Mid Term 1                          

Test

55

Mid Term 2                         

Test

55

Final                                    

Test

55

Assignments:        

 

 

#1-  Research memo with respect to tax avoidance versus evasion

Individual

20

#2-  Memo with respect to comparison to other tax systems

 

 

        A.  Comparison to British Tax system (Value Added Tax)

Group

10

        B.  Comparison to Canadian Tax system (Goods and Services Tax)

Group

10

        C.  Comparison to a national sales tax system

Group

10

#3-  Income tax planning-buy or lease a home

Individual

15

#4-  Memo with respect to selecting appropriate accounting period and methods

Individual

15

#5-  Case studies with respect to ethical issues and considerations

Group

15

#6-  Computation of deferred income taxes in accordance with SFAS #109

Group

25

#7-  Memo regarding choosing the form of doing business

 

 

        A. General tax and non-tax factors

Group

12

        B. Operations and distributions

Group

12

        C. Other considerations

Group

11

#8-  Income tax returns--Corporation and Individual

Group

30

#9-  Income tax returns--S Corporation and Individual

Group

30

#10-Income tax returns—Partnership and Individual

Group

30

#11-Research memo with respect to property disposition

Individual

20

#12-Research memo with respect to related party issues

Individual

20

#13-Preparation of gift tax return (Form 709)

Group

15

#14-Preparation of estate tax return (Form 706)

Group

15

Class attendance and participation-presentations

Group

10

Class attendance and participation-general

Individual

10

   Total Possible Points

 

500

 


 

Grade Distribution:  Your course grade will be determined by your performance based on the total points earned with the assurance that the curve will be no higher than shown below. The curve may be lowered depending on the distribution of the total points for the class.

 

A

460-500

A-

450-459

B+

440-449

B

410-439

B-

400-409

C+

390-399

C

360-389

C-

350-359

D

300-349

F  

Below 300

 

I will be pleased to discuss any grading related questions.  However you must contact me if you have a question regarding graded items within the two week period beginning the day subsequent to the day the graded items are returned in class.  You are responsible for tracking the points you earn on assignments and exams and comparing them to the posted scores. If you find a discrepancy, you must also notify me within 2 weeks of the original posting.


 

Examinations:             There will be 3 multiple choice examinations.  The mid-term examinations and the final examination will cover the information as set forth in the assignment schedule.  The examinations will cover information included in the readings as well information and handouts provided during class.  The final examination will be given according to the university final schedule.  See the assignment schedule for examination dates.  Make-up examinations will generally only be given under the following provisions (however the final examination must be taken at the scheduled time during finals week):

1.       You have a medical emergency or illness/injury that prevents you from taking the examination at the scheduled time.  You must provide medical documentation.

2.       You have experienced a death in your immediate family that you will be able to document.

3.       You are participating in an official Oregon State University event.  You must make me aware of such commitment within two weeks of the scheduled examination date.

4.       You experience some other unknown extreme circumstance that may require a make-up exam at my discretion. 

 

The following items may be brought into the examinations:

·         Calculator; pencil, highlighter and eraser

 

I will inform you in advance of the each of the examinations if additional information or materials, if any, will be allowed to be brought to the examination.  I will provide any necessary tax rate schedules as well as other items that may be announced during class.

 

Assignments:              Homework assignments are as set forth above in the ‘Evaluation of Student Performance’ and are due as set forth in the ‘Assignment Schedule’ below.  The assignments I have selected are to reinforce the concepts covered in lecture and reading. There are a variety of assignments including those related to technical income tax research, general tax related memos, income tax planning spreadsheet problems, computation of deferred income taxes and  preparation of income tax returns as forth in the ’Evaluation of Student Performance’  above and the ‘Assignment Schedule’ below. Your ability to effectively and concisely communicate your knowledge (both verbally and in written form) is essential to a successful career.  In addition, your ability to find answers to technical questions in a timely matter will determine your success in accounting or any other career that you choose.  The purpose of the written memo assignments is to teach you how to research and communicate your findings in a professional manner, to analyze a situation and provide advice and to understand how to prepare a basic income tax return.  The purpose of the income tax return assignments is to teach you how to accumulate the facts and prepare the required tax forms.  All assignments are due within 15 minutes after class starts.  No late assignments will be accepted except for situations similar to make-up exams discussed above.  All assignments must be in professional format which means neatly hand-written or typed, proof read, clear, and accurate. Be aware that if I can not read your homework, it will not be graded and you will receive a score of 0.  You may not resubmit homework if it is rejected as unreadable.  You may wish to keep copies of your homework sets as they may not be returned to you before your examination.  I will inform you any additional specific requirements and the basis of how points will be awarded for each of these assignments during the term.


Working in

Teams:                        For team assignments you should collaborate as a team with all team members contributing substantially equally and as set forth in the instructions, if any, to the assignment.  If any team member believes that one of their team members is not contributing equally they should discuss this with the other team members and try to reach resolution.  After you have had these discussions, please feel free to discuss with me if you believe that the team member is still not contributing equally.  A team member that is determined to not be contributing substantially equally may be removed from the team and required to do the assignment on an individual basis.

 

For individual assignments listed in the syllabus you may work in a group to research and/or develop solutions to the assignments.  However if you do so please adhere to the following:

 

1)      You must each submit individual work   You should not submit identical papers/solutions. Please include the names of others that you collaborated with on the top of the (first) page.

 

2)      I strongly encourage you to develop your own solutions so you learn the subject matter and  you do not become subject to the academic dishonesty rules discussed below.

 

 

Academic

Dishonesty:                 Academic Dishonesty is not tolerated.  All University regulations regarding academic honesty apply to College of Business Courses.  If you cheat in any way on a test or assignment, you will receive a zero on that item.  Cheating includes copying test material, using unacceptable items during a test, copying or substantially using another students (regardless of when, where, why or how) writing or return, plagiarizing or using the ‘solutions’ to problems, assignments or the tax return provided to other students in previous classes.  Academic dishonesty rules apply both to the originator and the copier.  You should guard your work carefully.  I do not tolerate dishonesty and any suspected dishonesty will be reported to the University and processed according to their published academic dishonesty procedures.  See Statement of Expectations for Student Conduct at http://oregonstate.edu/admin/stucon/achon/htm. 

 

Statement                   

Regarding Students

With Disabilities:        Accommodations are collaborative efforts between students, faculty and Services for Students with Disabilities (SSD). Students with accommodations approved through SSD are responsible for contacting the faculty member in charge of the course prior to or during the first week of the term to discuss accommodations. Students who believe they are eligible for accommodations but who have not yet obtained approval through SSD should contact SSD immediately at 737-4098.

 

 


 

A Little Personal

Background:               I started my accounting career with Coopers & Lybrand (now PricewaterhouseCoopers) in 1975 and was a partner in PwC from 1983 until my retirement in 2005.  I was located in Portland, Oregon throughout my entire career.  I served numerous publicly and privately held clients in a variety of industries including retail/distribution, real estate, construction, food processing and manufacturing.  I provided audit related services to publicly held businesses and provided audit, review and compilation services to privately held businesses as well as income tax planning and compliance services to those businesses and to their owners and key management.

 

I assisted many of my clients in addressing accounting, tax and operational issues such as identifying and analyzing financing alternatives, evaluation of acquisition targets, entity formation and structuring, preparing prospective financial information, evaluating capital project alternatives, developing and evaluating accounting methods and procedures and reviewing income tax planning strategies.  .

 

I received a Bachelor of Science degree in Business Administration (with a concentration in Accounting) from Oregon State University in 1975.  I currently serve on the OSU College of Business Circle of Excellence as well as a member of the Oregon State Alumni Association and have also been active with the accounting program at Oregon State University making numerous presentations at Beta Alpha Psi meetings as well as being a guest lecturer in accounting classes. 

 

I am a member of the American Society of Certified Public Accountants, Oregon Society of Certified Public Accountants.  I have also belonged to numerous trade associations over the years.  I currently serve on the complaints committee of the Oregon State Board of Accountancy.  I am also a past Chairman of the Oregon Donor Program, past Assistant Treasurer of the Juvenile Diabetes of Oregon, past Treasurer of the Lake Oswego High School parent club and was a Little League and youth softball coach, as well as being active in other youth athletic programs, for many years.

I met my wife, Joanne, at Oregon State University, and we have been married for almost 31 years and have two daughters, Ashley and Kelly.  Ashley is currently a senior at Oregon State University.

In my retirement I plan on doing some consulting, serve on the board of directors for a few companies and to become more involved with nonprofit/charitable activities.  I also plan on doing some traveling. 

 


Assignment Schedule

 

This schedule is subject to change. If there are changes you will be informed in class.

You are responsible for all changes and other announcements made in class.

 

 

 

Date

Topics

Learning Outcomes

Readings

Assignments and notes

9/26

TUE

Introduction

 Review learning resource material

   Review syllabus

   Scope of course

   Objectives of course

 

History of Income Tax

   Elements of good tax law

   Objectives of tax law

 

 

 

Income tax research

  Legislative process

  Competency in tax research

  Communicating results of tax research

Introduction- Understand course objectives and requirements, gain an overview understanding of the course schedule, including reading requirements, assignments and tests.

Overview of Income Tax System- Review of basic standards for evaluating a tax system, tax avoidance versus tax evasion, drivers of income tax legislation, general concepts, accounting concepts, income concepts, deduction concepts.

Income Tax Research- Review primary sources of federal income tax law including legislative, administrative and judicial, review secondary sources of federal income tax law, review citations to primary authorities, review format for communicating research results.

Textbook- pages 4-6, 30-31, 45-66, 695-716

 

Master Tax Guide- Sections 2801, 2805, 2811, 2898

Assignment #1- Research paper with respect to tax avoidance vs. tax evasion

 

Assignment #2- Memos with respect to comparison to other tax systems.

 

 

Information with respect to the introduction and the overview of the income tax system will not be included on the mid-term examination #1. 

 

Questions with respect to income tax research will be included on mid-term examination #1.

 

 

DUE: Nothing.

 


 

 

Date

Topics

Learning Outcomes

Readings

Assignments and notes

9/28

THU

IRS Audit and Appeals Process

   Selection

   Examination process

   Settlement

   Appeals

   Collection

 

Income Tax Planning

   Tax planning to maximize wealth

   Income tax rates

   Ordinary vs. capital gain

   Timing of income and deductions

   Choice of entity

   Method of accounting

   Accounting periods

  

IRS Audit and Appeals Process- To gain an understanding of the IRS audit selection and audit process including the appeals and collection process.

Income Tax Planning- To gain an understanding of the significance of income tax planning (vs. compliance) and to understand various drivers of income tax planning such as income tax rate differentials, nature of income, timing of transactions, entity choices and accounting periods and methods.

Textbook- 21-23, 26-30

 

 

IRS Publication 1

IRS Publication 5

IRS Publication 556

IRS Publication 594

IRS Publication 1660

 

Additional optional reading: Master Tax Guide- Sections 2701-2798

Assignment #3- Income tax planning project re buy vs. lease/rent home.

 

 

 

Questions with respect to these topics will be included on mid-term examination #1.

 

 

DUE: Nothing.

10/3

TUE

Accounting periods

   Calendar year end

   Fiscal year end

 

 

Accounting methods

   Cash vs. accrual

   Installment sales

   Inventory issues

   Time value of money   

Accounting Periods- To gain an understanding of acceptable accounting periods (calendar, fiscal, 52/53 week), short periods, and mandatory periods for certain pass through entities and requirements for changes in accounting period.

Accounting Methods-To gain an understanding of acceptable accounting methods (cash, accrual, hybrid and special methods with respect to certain items of income and expense) and requirements for changes in accounting method..

Textbook- Pages 51-52, 577-581,

 

Master Tax Guide- Sections 1501-1531

 

IRS Publication 538

Assignment #4- Memo with respect to choosing accounting period and method.

 

 

Questions with respect to these topics will be included on mid-term examination #1.

 

 

DUE: Nothing.

 


 

Date

Topics

Learning Outcomes

Readings

Assignments and notes

10/5

THU

Ethical tax practice standards

   Tax return positions

    Realistic possibility standard

    Knowledge of errors

    Form and content of advice

 

Treasury Department Circular No. 230

 

Ethical Tax Practice Standards-To gain an understanding of the applicable standards when recommending tax return positions and preparing or signing tax returns filed with any taxing authority.

 

Treasury Department Circular No. 230-To gain an understanding of the requirements of Circular No. 230.

AICPA Statements on Standards for Tax Services

No. 1-8

 

AICPA Statements on Standards for Tax