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Topic 67: Alternative Minimum Tax (AMT) - 213 (3) Charitable transfers Recapture potential reduces the amount of charitable contribution deductions (4) Certain nontaxable transactions Recapture potential carries over to the transferee (5) Like-kind exchanges Any remaining recapture potential carries over to the property received (6) Involuntary conversions Any remaining recapture potential carries over to the property received Related parties A A gain on the sale of assets to a related party is treated he same as any other gain B If a loss is realized on a sale to a related party, however, it is not recognized for tax purposes until the related party sells the asset to an unrelated third party C Related parties include the immediate family members, closely held corporations (who owns more than 50 percent), sister corporations, and the like Wash sales A Selling shares at a loss and then buying them back within 30 days negates the ability to deduct such losses on a tax return The disallowed loss amount can be added to the cost basis of the additional shares that were purchased When these additional shares are sold, any taxable gain or loss includes the loss incurred on the original shares B The wash sale rule applies not only to stocks but also mutual funds and bonds Bargain sales When an asset is sold for an amount below fair market value, the difference is a bargain element A Individual The difference between the sale price and the FMV is treated as a gift B Employee The difference is taxed as ordinary income C Shareholder The difference is a constructive dividend and taxable as ordinary income D Charitable organization The difference is treated as part sale and part contribution Section 1244 stock (small business stock election) A Security losses generally are capital in nature However, Section 1244 allows for ordinary losses if the loss is sustained by an individual who acquires the securities directly from the corporation B Section 1244 losses are limited to $50,000 annually ($100,000 for joint lers) C The corporation must receive less than $1,000,000 in capital stock at time of issue in order to qualify for Section 1244 treatment D Section 1244 applies to losses only on the investment and not on the income E Section 1244 must be elected in initial incorporation.



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similar loans If any losses are determined to exist in the mortgage banker s pipeline, the loss should be accrued pursuant to SFAS No 5 (d) MORTGAGE LOANS HELD FOR INVESTMENT Mortgage loans can be originated or purchased by a mortgage banker with the intention of holding the loan to maturity, or the loans can be transferred into a mortgage banker s loans held for investment category from a loans held for sale category after it is determined that the loan is unsalable or the mortgage banker decides to retain the loan for investment purposes SFAS No 65 requires that mortgage loans held for investment be reported at cost For mortgage loans transferred into mortgage loans held for investment from loans held for sale, their initial cost basis shall be determined as the lower of the loan s cost or market value on the date of the transfer A mortgage loan shall not be classi ed as held for investment unless the mortgage banker has both the intent and the ability to hold the loan for the foreseeable future or until maturity If the ultimate recovery of the carrying amount of a mortgage loan held as a long-term investment is doubtful, and the impairment is considered to be other than temporary, the carrying amount of the loan shall be reduced to its expected collectible amount, which then becomes its new cost basis The amount of the reduction shall be recorded as a loss A recovery from the new cost basis shall be reported as a gain only at the sale, maturity, or disposition of the loan As noted above, SFAS No 91 requires that loan origination fees and direct loan origination costs be deferred For mortgage loans held for investment, any net deferred fees or costs should be included in the cost basis of the loan and amortized into interest income on a level yield method (e) SALES OF MORTGAGE LOANS AND SECURITIES Mortgage bankers typically sell the majority of the loans they originate or purchase to third-party investors in order to remove these loans from their balance sheet and provide funds for the continued origination and purchase of future oans The sale of mortgage loans results in a gain or loss that should be recognized when the mortgage banker has surrendered control over the assets to a purchaser in a manner such that the transfer of the loans can be accounted for as a sale SFAS No 140, which provides guidance concerning the transfers and servicing of nancial assets and extinguishments of liabilities, states that a transfer of nancial assets in which the transferor surrenders control over those nancial assets shall be accounted for as a sale to the extent that consideration other than bene cial interests in the transferred assets have been received in exchange The control over nancial assets is deemed to have been surrendered under SFAS No 140 to the extent that all of the following three conditions have been met: 1 The transferred assets have been isolated from the transferor, that is, put presumptively beyond the reach of the transferor and its creditors even in bankruptcy 2 Each transferee has the right to pledge or exchange the transferred assets, and no condition both constrains the transferee from taking advantage of its right to pledge or exchange and provides more than a trivial bene t to the transferor 3 The transferor does not maintain effective control over the transferred assets through either: (a) an agreement that both entitles and obligates the transferor to repurchase or redeem them before their maturity, or (b) the ability to unilaterally cause the holder to return speci ed assets, other than through a clean-up call The sale of mortgage loans can occur primarily through one of three methods Loans can be sold (1) through whole loan or bulk transactions to third-party investors where individual loans or groups of loans are transferred, (2) through government sponsored mortgage-backed securities programs of investors such as FNMA, FHLMC, or GNMA, and (3) through private securitizations where the originator or loan purchaser will securitize and sell directly to third-party investors interests in an underlying pool of mortgage loans The most common type of sale utilized by mortgage bankers is the sale of mortgage-backed securities through programs sponsored by FNMA, FHLMC, and GNMA These sales are relatively.

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66 - Insurance Planning and Risk Management (2) Actual cash value This arrangement ensures enforcement of the principle of indemnity because the insured is generally not reimbursed by being provided with new property as a replacement for old property (3) Subrogation The common law doctrine of subrogation gives the insurer whatever rights the insured possessed against the responsible third parties This means that if you are injured by someone else and your health insurance pays the bills, your insurer has the right to sue the person who injured you to be paid back before you can collect anything from that party 2 Insurable interest Insurance is issued only if the applicant has an insurable interest in the subject matter being insured For example, a homeowner has an insurable interest in his or her home because he or she would suffer a nancial loss if the home were damaged or destroyed 3 Contract requirements For a valid contract to exist, ve elements must exist: offer and acceptance, genuine assent, adequate consideration, capacity, and legality (See Topic 18 for a complete discussion on contracts) 4 Contract characteristics A Characteristics of insurance contracts (1) An insurance contract is a personal contract This means that the policy is personal to the insured With the exception of life insurance, it may not be assigned to anyone else without the approval of the insurer (2) Insurance contracts are unilateral Under the terms of a unilateral contract, only one party can be forced to comply with the contract Under the terms of a bilateral contract, both parties make promises that are legally enforceable Insurance contracts are unilateral (3) An insurance contract is a contract of adhesion The insured can accept or reject the contract only as written Thus, the policy is not drawn up through negotiations (4) Insurance contracts are aleatory contracts An aleatory contract is one in which one party may receive bene ts greatly in excess of the bene ts to be received by the other party An insurance contract is aleatory because the insured may receive bene ts far in excess of the premium paid (5) Insurance contracts are also contracts of utmost good faith If the information provided by the applicant is false or incomplete, the insurer may be able to void the contract on grounds of breach of warranty, misrepresentation, or concealment B Other characteristics within the legal framework of insurance contracts (1) Misrepresentation is a false statement If a misrepresentation is intentional and material, it is usually basis for voiding the contract For life insurance policies, the misrepresentation must be discovered within the one- or two-year contestable period (2) Warranty is a statement made by one party to a contract, which, if untrue, renders the policy voidable by the other party Representation is information given that is true to the best of the individual s knowledge Courts generally hold that insurance contracts may not be voided because of a breach of warranty or misrepresentation unless the violation was material and/or increased the risk that contributed to the loss Such decisions are obviously more favorable for the insured (3) Concealment is the failure to disclose known material information Information is material if it would have led the insurer to make a different nderwriting decision had the withheld information been known Intentional concealment (intent to defraud the insurer) is grounds for voiding the contract.

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