Topic 1: Basis of Gifts

How do the rules work for determining the basis of gifts? Let me tell you a story: Years ago, I had a client who was very wealthy, with several million dollars of stock, all of which had a very low basis. She was going to give $10,000 of stock to each of her nephews and nieces. In each case the $10,000 of stock had a basis of only about $200. She asked me "Will they have taxable income on the gift?" I told her no, gifts are not taxable. The next April, she called me and yelled at me. She said they had each sold the stock and had huge taxable gains. I told her, "Of course, but that was not a gain on the "gift", that was a gain on the sale of the stock, which was another transaction." She told me "What did you think they were going to do with those stock shares, wallpaper their bathrooms with them?" Anyway, although my advice was technically correct, it was not very practical. I should have advised her about the results of a subsequent sale.

Topic 2: MACRS vs. Financial Depreciation Methods

How would you compare the MACRS method for personal property to non-tax financial depreciation? Describe the MACRS system for personal property in terms of both (1) Recovery Period and (2) Depreciation method used. Why is MACRS less "realistic"? Also, why does the tax law allow taxpayers to use this special method?