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Included among the factors that influence the choice of the form of a business entity are the following: Evaluate the validity of the statement. Included among the factors that influence the choice of the form of a business entity are the following: Evaluate the validity of the statement.

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All of these factors...

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To the extent of built-in gain or built-in loss at the time of contribution, partnerships may choose to allocate or not allocate this built-in gain or loss to the contributing partner on the sale of the contributed property by the partnership.

A) True
B) False

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Match the following statements: -Alternative minimum tax


A) Transaction in this form enables double taxation to be avoided.
B) Gain or loss is calculated separately for each asset and is subject to single taxation.
C) Subject to double taxation.
D) The sale is treated as the sale of a capital asset under § 741 subject to ordinary income potential under § 751.
E) Not subject to double taxation on the sale of corporate stock.

F) A) and D)
G) C) and D)

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In the sale of a partnership, does the way the sale is structured (i.e., sale of the partnership interests versus the sale of the partnership assets) produce different tax consequences for the sellers?

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The sale of the partnership assets is tr...

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Melinda's basis for her partnership interest is $250,000. If she receives a cash distribution of $290,000, her recognized gain is $40,000 and her basis for her partnership interest is reduced to $0. Melinda is still a partner after the distribution.

A) True
B) False

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True

Aubrey has been operating his business as a C corporation for the past 5 years. The corporation pays him a reasonable salary. The profits of the corporation, after paying Federal income tax, are distributed to him each year as a dividend. He is considering electing S status for his corporation in order to avoid double taxation. What factors should he consider assuming after-tax earnings will continue to be distributed to him?

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Normally, one needs to consider the following factors: 11eaaaea_33c3_cb56_a4b8_e926b2a230a7_TB5432_00 An analysis of Aubrey's situation indicates that none of the above factors should deter him from electing S status for his corporation. A factor normally considered that is not present for Aubrey is the existence of NOLs for the C corporation. An S corporation cannot offset C corporation NOLs against S corporation profits [except for the built-in-gains tax (§ 1374) and the passive investment income tax (§ 1375)], but the 20-year time period does run. Another benefit of electing S corporation status is that the corporation is not subject to the Accumulated Earnings Tax or Personal Holding Company Tax.

Match the following: -C corporation


A) Contribution of appreciated property to the business entity by an owner is never subject to taxation.
B) Realized gains on the contribution of appreciated property to the entity are not recognized by the contributor when an 80% control requirement is satisfied.
C) Realized losses on the contribution of loss property to the entity are never recognized by the contributor.
D) Realized losses on the contribution of loss property to the entity are recognized by the contributor unless an 80% control requirement is satisfied.
E) Basis of ownership interest to the owner is dependent on whether gain or loss is recognized to the owner on the contribution of assets to the business entity.

F) C) and D)
G) All of the above

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B

Malcomb and Sandra (shareholders) each loan Crow Corporation $50,000 at the market rate of 6% interest. Which of the following statements are false?


A) Crow may deduct the interest expense, and the interest income is taxable to Malcomb and Sandra.
B) When the note principal is repaid, neither Malcomb nor Sandra recognizes gross income from the repayment.
C) If the IRS were successful in reclassifying the notes as equity, the interest payments would not be deductible by Crow, and Malcomb and Sandra would still recognize income.
D) If the IRS were successful in reclassifying the notes as equity, repayment of the note principal to Malcomb and Sandra would not qualify for return of capital treatment and would most likely result in dividend income treatment for Malcomb and Sandra.
E) All of the above are true.

F) C) and D)
G) A) and E)

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If the IRS reclassifies debt as equity under § 385, the repayment of the debt by the corporation to the shareholder automatically is treated as a dividend.

A) True
B) False

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To which of the following entities does the AMT apply? To which of the following entities does the AMT apply?

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The AMT applies directly to a sole propr...

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A C corporation offers greater flexibility in terms of the types of owners and capital structure than an S corporation.

A) True
B) False

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A limited liability company (LLC) is a hybrid business form that combines the corporate characteristic of limited liability for the owners with the tax characteristics of a partnership.

A) True
B) False

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Which of the following are "reasonable needs" that will help a corporation in avoiding the accumulated earnings tax?


A) The corporation is opening locations in neighboring cities.
B) Funds are used to make a loan to a major shareholder.
C) The corporation uses funds for the redemption of the stock of a disgruntled shareholder.
D) Not making distributions helps to minimize the combined shareholder/corporation tax liabilities.
E) All of the above.

F) D) and E)
G) C) and E)

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A corporation may alternate between S corporation and C corporation status each year, depending on which results in more tax savings.

A) True
B) False

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Mercedes owns a 30% interest in Magenta Partnership (basis of $52,000) which she sells to Calvin for $65,000. Mercedes' recognized gain of $13,000 will be classified as capital gain.

A) True
B) False

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A shareholder's basis in the stock of an S corporation is increased by corporate profits and decreased by losses.

A) True
B) False

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Doris is going to invest $90,000 in a business entity. She will manage the business entity. Her projected share of the loss for the first year is $36,000. Doris' marginal tax rate is 33%. Determine the cash flow benefit of the loss to Doris if the business form is: a.A general partnership. b.An S corporation. c.An LLC. d.A C corporation.

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The corporation has a greater potential for raising capital than does the partnership.

A) True
B) False

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Match the following statements: -Charitable contributions


A) Transaction in this form enables double taxation to be avoided.
B) Gain or loss is calculated separately for each asset and is subject to single taxation.
C) Subject to double taxation.
D) The sale is treated as the sale of a capital asset under § 741 subject to ordinary income potential under § 751.
E) Not subject to double taxation on the sale of corporate stock.

F) B) and E)
G) A) and C)

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Robin Company has $100,000 of income before payment of $100,000 of reasonable salaries to its owners/employees (who are in the 33% bracket) . Which form of business results in the least amount of combined tax being paid by the company and its owners?


A) Partnership.
B) C corporation.
C) S corporation.
D) a., b., and c. all result in the same amount of tax.
E) a. and c. result in the least amount of tax.

F) A) and E)
G) C) and D)

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