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Subject Author Date
schedule C Aaron Mallin 02-27-2007
|--> Re: schedule C Benjamin Yazers...03-01-2007
|--> Re: schedule C Mark X. Rigotti...03-01-2007
---> Re: schedule C Kreig Mitchell03-01-2007
| `--> Re: schedule C Mark X. Rigotti...03-04-2007
`--> Re: schedule C doshan@scicable...03-06-2007
Posted by Kreig Mitchell on March 1, 2007, 8:49 pm
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> I am currently working as an accountant for a company. I am
> studying for the CPA exam. After, I'm certified I hope to do
> tax preparation and financial planning on the side for
> individuals. I purchased a laptop in 2006 that I exclusively
> use to study for the CPA exam and I plan on using for my
> business when I become certified. Can I fill out a schedule
> C to deduct the laptop expense from my taxable income even
> though I have no gross receipts. From what I can as long as
> I am profitable 3 out of 5 years I would be able to deduct
> this. I hope to be profitable next tax season (in 2008) so I
> think I could do this. Please let me know. Any advice would
> be appreciated.
>
> Assuming I can deduct the laptop, I believe I have a choice
> of deducting it all now or deducting it over 5 years. I
> would prefer to deduct it now. Is this correct that I am
> able to deduct it 100% right away?

You should check out the Regs for Section 162 (Specifically,
Treas. Reg. 162-5) and the resulting tax cases. You will
have to determine whether you are in the business of being a
CPA and/or financial planner and when that began. Generally
expenses incurred prior to entering the profession or that
qualify you for a new profession are not deductible as
ordinary business expenses. But, since financial planning
has no specific requirements (i.e., you could have no formal
education and no work experience and be able to hold
yourself out as a financial planner, you might be able to
argue that you were in that business of being a financial
planner prior to to taking the CPA exam and that you
purchased the laptop in furtherance of that profession
(which is a hard argument if you bought it to take the CPA
exam, which would qualify you for another profession)). It
will depend on your facts though....

You will recall the case last year where the MBA student was
able to successfully argue that he was already in the
business; therefore, he was entitled to deduct his MBA
expenses....

As far as a current deduction, well, you will want to review
Section 179 to find that answer. With regard to the 3 of 5
rule that you cite, you will find that that is in section
183 (and it only creates a presumption, which can be
negated).

Best of luck with your new career. I hope you find it as
rewarding as the rest of us do....

Kind regards,

Kreig Mitchell
www.irstaxtrouble.com
www.irstaxtrouble.com/blog.htm

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by @ on March 1, 2007, 9:38 pm
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>> I am currently working as an accountant for a company. I am
>> studying for the CPA exam. After, I'm certified I hope to do
>> tax preparation and financial planning on the side for
>> individuals. I purchased a laptop in 2006 that I exclusively
>> use to study for the CPA exam and I plan on using for my
>> business when I become certified. Can I fill out a schedule
>> C to deduct the laptop expense from my taxable income even
>> though I have no gross receipts. From what I can as long as
>> I am profitable 3 out of 5 years I would be able to deduct
>> this. I hope to be profitable next tax season (in 2008) so I
>> think I could do this. Please let me know. Any advice would
>> be appreciated.
>>
>> Assuming I can deduct the laptop, I believe I have a choice
>> of deducting it all now or deducting it over 5 years. I
>> would prefer to deduct it now. Is this correct that I am
>> able to deduct it 100% right away?

> You should check out the Regs for Section 162 (Specifically,
> Treas. Reg. 162-5) and the resulting tax cases. You will
> have to determine whether you are in the business of being a
> CPA and/or financial planner and when that began. Generally
> expenses incurred prior to entering the profession or that
> qualify you for a new profession are not deductible as
> ordinary business expenses. But, since financial planning
> has no specific requirements (i.e., you could have no formal
> education and no work experience and be able to hold
> yourself out as a financial planner, you might be able to
> argue that you were in that business of being a financial
> planner prior to to taking the CPA exam and that you
> purchased the laptop in furtherance of that profession
> (which is a hard argument if you bought it to take the CPA
> exam, which would qualify you for another profession)). It
> will depend on your facts though....
>
> You will recall the case last year where the MBA student was
> able to successfully argue that he was already in the
> business; therefore, he was entitled to deduct his MBA
> expenses....

Many of us expensed all or part of our graduate education
as Continuing Professional Education. When I started grad
school, I had four professional certifications by
examination and wrote off four courses a year plus books
and pro-rated fees as CPE. Because my wife was a Certified
Internal Auditor and had a job as an Auditor, we were able
to write off 21 semester hours of Accounting credits, And
yes, if you are a manager, you can write off part to all of
the cost of an MBA.

But the OP wants to write off a laptop "used exclusively
for CPA exam preparation". That's both a quantum leap and
a no-way-Jose. To prevail upon audit, he'd have to deny
what he has written here and that's somewhere between bad
karma and perjury.

And then we get to his non-existent business for which this
computer is clearly a start-up cost.

Dick

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by taxmax on March 3, 2007, 5:27 am
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>> I am currently working as an accountant for a company. I am
>> studying for the CPA exam. After, I'm certified I hope to do
>> tax preparation and financial planning on the side for
>> individuals. I purchased a laptop in 2006 that I exclusively
>> use to study for the CPA exam and I plan on using for my
>> business when I become certified. Can I fill out a schedule
>> C to deduct the laptop expense from my taxable income even
>> though I have no gross receipts. From what I can as long as
>> I am profitable 3 out of 5 years I would be able to deduct
>> this. I hope to be profitable next tax season (in 2008) so I
>> think I could do this. Please let me know. Any advice would
>> be appreciated.
>>
>> Assuming I can deduct the laptop, I believe I have a choice
>> of deducting it all now or deducting it over 5 years. I
>> would prefer to deduct it now. Is this correct that I am
>> able to deduct it 100% right away?

> Wow - where to start.
>
> You are not in business - YET. No deduction possible.
> Perhaps a start up expense requering (SP?) capitalization
> and amortization beginning when you begin business.
>
> As an aside sir. There are so many very basic issues here
> that I would strongly suggest you have a few more years
> experience before you open your own practice.
>
> I now remember why I waited until I had 10 years experience
> before I opened my own practice and I still was not fully
> prepared. I was an audit manager for an international firm
> at the time and still recall the nightmares that doing
> individual taxes caused me. I am sure that somewhere out
> there (and I am sure many will agree) is some sort of
> malpractice I committed unknowingly.
>
> Actually, with the complexity of the IRC I still may be
> committing malpractice and not know it. <BG> I guess that
> is why running/owning a CPA firm is called practicing. We
> keep practicing until we fianlly get it right and then we
> retire. <BG> After 25+ years I guess I'll keep practicing
> for awhile.

Aaron, please pay attention to what Mr.Mark Rigotti is
saying. It is an outstanding advice.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Mark X. Rigotti, CPA on March 4, 2007, 9:28 pm
Please log in for more thread options

>>> I am currently working as an accountant for a company. I am
>>> studying for the CPA exam. After, I'm certified I hope to do
>>> tax preparation and financial planning on the side for
>>> individuals. I purchased a laptop in 2006 that I exclusively
>>> use to study for the CPA exam and I plan on using for my
>>> business when I become certified. Can I fill out a schedule
>>> C to deduct the laptop expense from my taxable income even
>>> though I have no gross receipts. From what I can as long as
>>> I am profitable 3 out of 5 years I would be able to deduct
>>> this. I hope to be profitable next tax season (in 2008) so I
>>> think I could do this. Please let me know. Any advice would
>>> be appreciated.
>>>
>>> Assuming I can deduct the laptop, I believe I have a choice
>>> of deducting it all now or deducting it over 5 years. I
>>> would prefer to deduct it now. Is this correct that I am
>>> able to deduct it 100% right away?

>> Wow - where to start.
>>
>> You are not in business - YET. No deduction possible.
>> Perhaps a start up expense requering (SP?) capitalization
>> and amortization beginning when you begin business.
>>
>> As an aside sir. There are so many very basic issues here
>> that I would strongly suggest you have a few more years
>> experience before you open your own practice.
>>
>> I now remember why I waited until I had 10 years experience
>> before I opened my own practice and I still was not fully
>> prepared. I was an audit manager for an international firm
>> at the time and still recall the nightmares that doing
>> individual taxes caused me. I am sure that somewhere out
>> there (and I am sure many will agree) is some sort of
>> malpractice I committed unknowingly.
>>
>> Actually, with the complexity of the IRC I still may be
>> committing malpractice and not know it. <BG> I guess that
>> is why running/owning a CPA firm is called practicing. We
>> keep practicing until we fianlly get it right and then we
>> retire. <BG> After 25+ years I guess I'll keep practicing
>> for awhile.

> Aaron, please pay attention to what Mr.Mark Rigotti is
> saying. It is an outstanding advice.

Gosh,

I'm really blushing now.

<BFG>

Mark

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by doshan@scicable.com on March 6, 2007, 6:03 am
Please log in for more thread options
>>> I am currently working as an accountant for a company. I am
>>> studying for the CPA exam. After, I'm certified I hope to do
>>> tax preparation and financial planning on the side for
>>> individuals. I purchased a laptop in 2006 that I exclusively
>>> use to study for the CPA exam and I plan on using for my
>>> business when I become certified. Can I fill out a schedule
>>> C to deduct the laptop expense from my taxable income even
>>> though I have no gross receipts. From what I can as long as
>>> I am profitable 3 out of 5 years I would be able to deduct
>>> this. I hope to be profitable next tax season (in 2008) so I
>>> think I could do this. Please let me know. Any advice would
>>> be appreciated.
>>>
>>> Assuming I can deduct the laptop, I believe I have a choice
>>> of deducting it all now or deducting it over 5 years. I
>>> would prefer to deduct it now. Is this correct that I am
>>> able to deduct it 100% right away?

>> You should check out the Regs for Section 162 (Specifically,
>> Treas. Reg. 162-5) and the resulting tax cases. You will
>> have to determine whether you are in the business of being a
>> CPA and/or financial planner and when that began. Generally
>> expenses incurred prior to entering the profession or that
>> qualify you for a new profession are not deductible as
>> ordinary business expenses. But, since financial planning
>> has no specific requirements (i.e., you could have no formal
>> education and no work experience and be able to hold
>> yourself out as a financial planner, you might be able to
>> argue that you were in that business of being a financial
>> planner prior to to taking the CPA exam and that you
>> purchased the laptop in furtherance of that profession
>> (which is a hard argument if you bought it to take the CPA
>> exam, which would qualify you for another profession)). It
>> will depend on your facts though....
>>
>> You will recall the case last year where the MBA student was
>> able to successfully argue that he was already in the
>> business; therefore, he was entitled to deduct his MBA
>> expenses....

> Many of us expensed all or part of our graduate education
> as Continuing Professional Education. When I started grad
> school, I had four professional certifications by
> examination and wrote off four courses a year plus books
> and pro-rated fees as CPE. Because my wife was a Certified
> Internal Auditor and had a job as an Auditor, we were able
> to write off 21 semester hours of Accounting credits, And
> yes, if you are a manager, you can write off part to all of
> the cost of an MBA.
>
> But the OP wants to write off a laptop "used exclusively
> for CPA exam preparation". That's both a quantum leap and
> a no-way-Jose. To prevail upon audit, he'd have to deny
> what he has written here and that's somewhere between bad
> karma and perjury.
>
> And then we get to his non-existent business for which this
> computer is clearly a start-up cost.

With all due respect one can write off most anything they
want. That does not mean one should have. I don't think it
is quite so clear as you make it to be. I would be
especially skeptical of the because you are a manager you
can write off part to all of the cost of an MBA. Most of
these types of situations are maybe, it depends, etc.
Probably would run about 50-50.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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