Question

Essay C. Answer the following questions based on code sections 137 and 104. Code $ 137 - Adoption assistance programs (a) Exclusion (1) In general Gross income of an employee does not include amounts paid or expenses incurred by the employer for qualified adoption expenses in connection with the adoption of a child by an employee if such amounts are furnished pursuant to an adoption assistance program. (2) $10,000 exclusion for adoption of child with special needs regardless of expenses In the case of an adoption of a child with special needs which becomes final during a taxable year, the qualified adoption expenses with respect to such adoption for such year shall be increased by an amount equal to the excess (if any) of $10,000 over the actual aggregate qualified adoption expenses with respect to such adoption during such taxable year and all prior taxable years. (b) Limitations (1) Dollar limitation The aggregate of the amounts paid or expenses incurred which may be taken into account under subsection (a) for all taxable years with respect to the adoption of a child by the taxpayer shall not exceed $10,000. (2) Income limitation The amount excludable from gross income under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so excludable (determined without regard to this paragraph but with regard to paragraph (1)) as— (A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $150,000, bears to (B) $40,000...

Answer 1

Jim can exclude the $5000 from his income provided his aggregate Expenses for all taxable year did not exceed $10,000.