Last year Acme paid Ralph $15,000 to install a new air-conditioning unit at its headquarters building. The air conditioner did not function properly, and this year Acme requested that Ralph return the payment. Because Ralph could not repair one critical part in the unit, he refunded the cost of the repair, $5,000, to Acme. a. Is Ralph required to include the $15,000 payment he received last year in his gross income from last year? b. What are the tax implications of the repayment if Ralph was in the 35 percent tax bracket when he received the $15,000 payment from Acme, but was in the 28 percent tax bracket when he refunded $5,000 to Acme? c. How would you answer part b. if Ralph refunded $2,500 to Acme and not $5,000?

a. Ralph is in charge of the land, with an implicit right to payment in compliance with right doctrine (North American Oil Consol. v. Burnet (1932, S. Ct.) 286 US 414). This year, however, gross sales are made, although they may be reimbursed later.

b. Unless he returns money to Acme this year, Ralph will be able to claim a deduction of $5,000. Although Ralph originally paid the $1,750 tax on invoice and only saved $1,400 on the reduction of the refund and because the repayment timing resulted in an additional $350 tax. As the amount refunded to Ralph is more than $3,000 according to IRC§ 1341a. This is possible for Ralph to use the taxes accrued in the next year from the same refund to cover taxes. So Ralph will say a tax offset of $1,750 instead of a deduction of $5,000.

c. The sum of the deduction must be more than $3,000, according to IRC § 1341 (a). Because Ralph spent just $2,500, he is not liable for tax reduction deductions, but can only claim a refund deduction.