Becker question 7 from C-Corps:
Mock operates a retail business selling illegal narcotic substances. Which of the following item(s) may Mock deduct in calculating business income?
I. Cost of merchandise
II. Business expenses other than the cost of merchandise
A. II only
B. Both I and II
C. I only
D. Neither I nor II
This is the only question I've found that deals with illegal businesses. The answer is C and I agree with that because the illegal nature of the business is to sell illegal narcotics. But I don't like their explanation:
Choice “c” is correct. A gain from an illegal activity is includible in income. To determine the gain, a deduction is permitted for cost of merchandise. Business expenses for operating an illegal business, other than the cost of merchandise, are not permitted as a deduction.
What I learned in my tax class contradicts this explanation. In class an illegal business that does NOT deal in illegal drugs is allowed to deduct all LEGAL business expenses to arrive at income. For example, an illegal casino can deduct salary expenses since that is a normal business expense. Now they are NOT allowed to deduct things like bribes or kickbacks since those are illegal expenses. Now an illegal business dealing with illegal drugs are only allowed a deduction for the cost of merchandise (it's a weird rule but because it's a weird rule it's stuck with me all this time).
Anyone have any thoughts on it or know how other study material handles it? Odds are I won't see a question on the CPA exam relating to it but do I just hate the contradiction.