Exam 13: Comparative Forms of Doing Business

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How can double taxation be avoided or reduced by owning assets outside a C corporation?

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Albert's sole proprietorship owns the following assets: Albert's sole proprietorship owns the following assets:   * Potential § 1245 recapture of $45,000. ** Straight-line depreciation was used. Albert sells his sole proprietorship for $500,000. Calculate Albert's recognized gain or loss and classify it as capital or ordinary. * Potential § 1245 recapture of $45,000. ** Straight-line depreciation was used. Albert sells his sole proprietorship for $500,000. Calculate Albert's recognized gain or loss and classify it as capital or ordinary.

(Multiple Choice)
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Devon owns 40% of the Agate Company for which his basis is $300,000. He sells one-fourth of his ownership interest to Bernice for $100,000. Which of the following statements is correct?

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Catfish, Inc., a closely held corporation which is not a PSC, owns a 45% interest in Trout Partnership, which is classified as a passive activity. Trout's taxable loss for the current year is $250,000. During the year, Catfish receives a $60,000 cash distribution from Trout. Other relevant data for Catfish are as follows: Catfish, Inc., a closely held corporation which is not a PSC, owns a 45% interest in Trout Partnership, which is classified as a passive activity. Trout's taxable loss for the current year is $250,000. During the year, Catfish receives a $60,000 cash distribution from Trout. Other relevant data for Catfish are as follows:   How much of Catfish's share of Trout's loss may it deduct in calculating its taxable income? How much of Catfish's share of Trout's loss may it deduct in calculating its taxable income?

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Which of the following statements regarding the accumulated earnings tax is correct in 2011?

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Agnes owns a sole proprietorship for which the assets have appreciated in value. If she is going to sell the business to Abner, should she structure the sale as (1) a sale of the individual assets or (2) a sale of the sole proprietorship?

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Roger owns 40% of the stock of Silver, Inc. (adjusted basis of $500,000). Silver redeems 75% of his shares for $650,000. If the stock redemption qualifies for return of capital treatment, Roger's recognized gain is $150,000.

(True/False)
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If an individual contributes an appreciated personal use asset to a C corporation in a transaction which qualifies for nonrecognition treatment under § 351, the corporation's basis in the asset is the same as was the shareholder's adjusted basis.

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The tax treatment of S corporation shareholders with respect to fringe benefits is not the same as the tax treatment for C corporation shareholders but is the same as the fringe benefit treatment for partners.

(True/False)
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Aaron purchases a building for $500,000 which is going to be used by his wholly-owned corporation. Which of the following statements are correct?

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Each of the following can pass profits and losses through to the owners: general partnership, limited partnership, S corporation, and limited liability company.

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Lee owns all the stock of Vireo, Inc., a C corporation for which he has an adjusted basis of $150,000. The assets of Vireo, Inc., are as follows: Lee owns all the stock of Vireo, Inc., a C corporation for which he has an adjusted basis of $150,000. The assets of Vireo, Inc., are as follows:    Lee sells his stock to Katrina for $200,000.   Lee sells his stock to Katrina for $200,000. Lee owns all the stock of Vireo, Inc., a C corporation for which he has an adjusted basis of $150,000. The assets of Vireo, Inc., are as follows:    Lee sells his stock to Katrina for $200,000.

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Do the § 465 at-risk rules apply to partnerships, LLCs, and S corporations?

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Which of the following statements is correct?

(Multiple Choice)
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Nontax factors that affect the choice of business entity include:

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It is easier to satisfy the § 721 requirements for the nonrecognition of gain or loss on partner contributions than it is to satisfy the § 351 requirements for the nonrecognition of gain or loss on shareholder contributions.

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An effective way for all C corporations to avoid double taxation is not to make dividend distributions.

(True/False)
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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?

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With respect to special allocations, is the S corporation treated more like a partnership or a C corporation?

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A major benefit of the S corporation election is the general avoidance of double taxation.

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