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27 Nov 2019

Scott and Kourtney Smith are married and have been clients ofFootem and Filem, LLP (F&F) for the past few years. Kourtney isan elementary school teacher. Scott owns a real estate business,Smith Realty, which he operates as a sole proprietorship. InFebruary of this year, Scott was trying to sell a very expensivehome to a buyer with very little credit history. The largecommercial banks that Scott’s buyers normally use to obtainmortgages refused to issue a loan to this buyer. However, Scott wasdetermined to make this sale happen so he could collect a salescommission amounting to $50,000. Scott has a friend named LarryBelfort who is a loan officer at a small bank in Tuscaloosa,Alabama. After his buyer was denied credit by several largecommercial banks, Scott agreed to “split” his commission 50/50 withLarry as long as Scott’s buyer could get a mortgage from the bankto complete the sale of the home. Larry agreed, but told Scott thatit would be illegal under Alabama law for him to accept the $25,000bribe. Instead, Larry asked that Scott donate the money to theUniversity of Alabama to establish a scholarship in Larry’s honor.Larry was already planning to donate $25,000 to the universityanyway, but this deal with Scott saved Larry the time and expenseof doing it himself. Based on the facts above, how much of the$25,000 donated to the University of Alabama, if any, can Scottdeduct for federal income tax purposes? In addition, how much ofthe $50,000 total sales commission must Scott recognize in grossincome for federal tax purposes? Assume you work for F&F andScott and Kourtney Smith are your clients. Prepare a brief researchmemo, complete with citations and analysis of primary authority, tosupport your conclusions. Remember that Scott and Kourtney are notprofessional tax preparers, so it is important that you explainyour position in a clear and concise manner that is not overlytechnical (i.e., do not copy and paste excerpts from primaryauthorities and call it a day).

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Hubert Koch
Hubert KochLv2
24 Aug 2019
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