The $ 25000 is the recovery of expenses paid upfront by Esq. John Smith in carrying out his business or trade. Therefore this $ 25000 can be deducted as the business deduction from the gross income of Esq. John Smith. Business deductions are deductions allowed for business expenses of entities and individuals. The issue here is: What is the determination regarding reducing the taxable income for both (a) and (b) above. For the year 2010, this taxable income of Mr. John Smith will be charged at the personal income rates if Mr. John Smith elects for treatment as ‘partnership’ of his limited liability company (LLC). It will be charged at the corporate tax rate if Mr. John Smith opts for treatment as a ‘corporation’ of his limited liability company. The lease liability of $ 3500 per month of Mr. John Smith will be reported on the personal income tax returns of if Mr. Smiths opts for the treatment of ‘partnership’ for his limited liability company ( LLC) law firm. It will be reported on the income tax returns of the law practice if John Smith opts for the treatment as a ‘corporation’ of the LLC. The choice regarding this is with John Smith. The property on which he is paying the lease can be depreciated only if he has retention of incidence of ownership in the property. However, if he buys the building then he will get tax advantage in the form of depreciation. So in terms of tax savings, it will be more advantageous to buy the building if the allowed deductible depreciation is greater than the amount of lease assuming that this leased property cannot be depreciated currently. If the depreciation is less than the lease then it will not be advantageous to buy the property. The issue here is: What are the different tax consequences between paying down the mortgage (debt ) and assuming a new mortgage (debt ) for purposes of Federal income tax?