Deck 11: S Corporations
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Deck 11: S Corporations
1
Like partnerships,S corporations generally determine their accounting periods and make accounting method elections at the entity level.
True
2
Corporations taxed as S corporations offer the same legal protection to owners as corporations taxed as C corporations.
True
3
Publicly traded corporations cannot be treated as S corporations.
True
4
An S election is terminated if the S corporation has passive investment income in excess of 20 percent of gross receipts for three consecutive years.
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5
Differences in voting powers are permissible across shares of S corporation stock as long as the shares have identical distribution and liquidation rights.
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6
The same exact requirements for forming and contributing property govern S corporations and partnerships.
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7
If an S corporation never operated as a C corporation,it may earn passive investment income without fear of an involuntary S election termination.
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8
After terminating or voluntarily revoking S corporation status,a corporation may elect it again,but it generally must wait until the beginning of the third tax year after the tax year in which it terminated the election.
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9
If an S corporation shareholder sells her stock to a nonresident alien,it will automatically terminate the S election.
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10
The specific identification method and monthly allocation method are methods an S corporation may use to allocate its income across short tax years that result from an involuntary S election termination.
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11
To make an S election effective as of the beginning of the current year,an S corporation must file IRS Form 2553 within 3½ months after the beginning of the year.
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12
An S corporation can use a non-calendar year-end if it can establish a business purpose for an alternative year end.
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13
An S corporation can make a voluntary revocation of an S election if shareholders holding more than 25 percent of the S corporation stock (including nonvoting shares)agree.
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14
Like partnerships and C corporations,S corporations face the same restrictions on using the cash method of accounting.
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15
An S corporation election may be voluntarily or involuntarily terminated.
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16
Bobby T (75% owner)would like to terminate the S corporation status for DJ,Inc.but Dallas (5% owner)does not want to terminate the S corporation status.Bobby T can terminate the S status for DJ,Inc.without Dallas's consent.
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17
Bobby T (95% owner)would like to elect S corporation status for DJ,Inc.but Dallas (5% owner)does not want to elect S corporation status.Bobby T cannot elect S status for DJ,Inc.without Dallas's consent.
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18
S corporations may have no more than 50 shareholders,but members of the same family only count as one shareholder.
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19
The specific identification method is a method an S corporation may use to allocate its income across short tax years that result from an involuntary S election termination.
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20
The S corporation rules are less complex for S corporations that have earnings and profits from prior C corporation years than for S corporations that do not have earnings and profits from prior C corporation years.
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21
Similar to an S corporation shareholder's stock basis,the AAA may not have a negative balance.
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22
S corporations are not entitled to a dividends received deduction.
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23
Distributions to owners may not cause the AAA to go negative or to become more negative.
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24
SoTired,Inc.,a C corporation with a June 30 year-end,elects S corporation status this year.Assuming no special elections,SoTired,Inc.will continue to use a June 30 year-end as an S corporation.
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25
S corporation shareholders are not allowed to include any S corporation-level debt in their stock basis.
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26
S corporation allocated losses to a shareholder not deductible due to the tax basis limitation rules are carried over by the shareholder to future years for potential utilization.
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27
In general,an S corporation shareholder makes increasing adjustments to her basis first,followed by adjustments that decrease basis.
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28
Unlike partnerships,adjustments that decrease an S corporation shareholder's basis may reduce it below zero.
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29
Regarding debt,S corporation shareholders are deemed at risk only for direct loans they make to their S corporation.
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30
An S corporation shareholder calculates his initial basis upon formation of the corporation like a C corporation shareholder.
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31
When an S corporation distributes appreciated property to its shareholders the S corporation recognizes gain as though it had sold the appreciated property for its fair market value just prior to the distribution.
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32
An S corporation shareholder's allocable share of ordinary business income (loss)is classified as self-employment income for tax purposes.
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33
Separately stated items are tax items that are treated similarly for tax purposes as a shareholder's share of ordinary business income (loss).
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34
Like partnerships,an S corporation shareholder's basis is dynamic and must be adjusted annually.
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35
For an S corporation shareholder to deduct it,a loss must clear three separate tax-provision hurdles: (1)tax basis,(2)at-risk amount,and (3)tax-shelter rules.
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36
For S corporations without earnings and profits from prior C corporation years,the taxation of cash distributions to the shareholder is very similar to the rules for partnerships.
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37
S corporations have considerable flexibility in making special profit and loss allocations of operating income.
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38
For S corporations with earnings and profits from prior C corporation years,the taxation of distributions to the shareholder is very similar to the rules for partnerships.
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39
An S corporation shareholder's allocable share of business income that is determined to be from a passive activity is considered net investment income for purposes of the Net Investment Income tax.
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40
S corporations are treated in part like C corporations and in part like partnerships with respect to tax deductions for qualifying employee fringe benefits.
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41
S corporations are required to recognize both gains and losses on non-liquidating distributions of property to shareholders.
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42
The built-in gains tax does not apply to S corporations that never operated as C corporations.
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43
Built-in gains recognized fifteen years after a C corporation elects to become an S corporation are subject to the built-in gains tax.
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44
When an S corporation distributes appreciated property to all of its shareholders pro-rata,the shareholders who receive the distributed property recognize income on their distributive share of the deemed gain.
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45
S corporations generally recognize gain or loss on each appreciated and depreciated asset they distribute in liquidation.
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46
Which of the following is prohibited from being an S corporation shareholder?
A) Foreign citizens that are U.S. residents.
B) U.S. citizens.
C) C Corporations.
D) 51 unrelated individuals.
E) None of the choices are correct.
A) Foreign citizens that are U.S. residents.
B) U.S. citizens.
C) C Corporations.
D) 51 unrelated individuals.
E) None of the choices are correct.
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47
Suppose a calendar year C corporation,NewCorp.,Inc.,was formed on January 1,2017 and all of the shareholders filed a form 2553 to elect S corporation status on April 14,2017 with the consent of all of NewCorp.Inc.'s shareholders: Hassell,Richie Cunningham,and Arnold's,Inc.(a C corporation).When is the S election effective?
A) January 1, 2017.
B) April 14, 2017.
C) January 1, 2018.
D) April 14, 2018.
E) Never.
A) January 1, 2017.
B) April 14, 2017.
C) January 1, 2018.
D) April 14, 2018.
E) Never.
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48
S corporations without earnings and profits from prior C corporation years are not subject to the excess net passive income tax.
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49
The estimated tax payment rules for S corporations generally follow the rules for C corporations.
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50
If Annie and Andy (each a 30% shareholder in an calendar year S corporation)file a revocation statement on March 20,2017 to terminate their S corporation's S election,what is the effective date of the S corporation termination (assuming they do not specify one)?
A) January 1, 2017.
B) March 18, 2017.
C) January 1, 2018.
D) March 16, 2018.
E) None of the choices are correct.
A) January 1, 2017.
B) March 18, 2017.
C) January 1, 2018.
D) March 16, 2018.
E) None of the choices are correct.
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51
C corporations that elect S corporation status and use the FIFO inventory method are subject to the FIFO recapture tax.
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52
Which of the following is not considered a family member for purposes of the S corporation shareholder limit test?
A) brother.
B) great-grandparent.
C) grandchildren.
D) grandparent.
E) none of the choices are correct.
A) brother.
B) great-grandparent.
C) grandchildren.
D) grandparent.
E) none of the choices are correct.
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53
Tone Loc and 89 of his biggest fans formed an S corporation,2hit,Inc.,as the original ninety shareholders.Tone then transferred some of his stock to his grandfather,four of Tone's cousins,five of Tone's children,three of Tone's grandchildren,and 2 close friends.For the S corporation shareholder limit rules,how many shareholders does 2hit,Inc.have?
A) 90.
B) 92.
C) 95.
D) 97.
E) None of the choices are correct.
A) 90.
B) 92.
C) 95.
D) 97.
E) None of the choices are correct.
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54
During the post-termination transition period,property distributions are tax-free to shareholders to the extent they do not exceed the S corporation's AAA balance and the individual shareholder's basis in the stock.
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55
Which of the following would not result in an S election termination?
A) Having 120 unrelated shareholders.
B) Having a C corporation as a shareholder.
C) Issuing a second class of stock.
D) Having excess passive investment income for two consecutive years.
E) None of the choices are correct.
A) Having 120 unrelated shareholders.
B) Having a C corporation as a shareholder.
C) Issuing a second class of stock.
D) Having excess passive investment income for two consecutive years.
E) None of the choices are correct.
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56
If Annie and Andy (each a 30% shareholder in an calendar year S corporation)file a revocation statement on February 10,2017 to terminate their S corporation's S election,what is the effective date of the S corporation termination (assuming they do not specify one)?
A) January 1, 2017.
B) February 10, 2017.
C) January 1, 2018.
D) February 10, 2018.
E) None of the choices are correct.
A) January 1, 2017.
B) February 10, 2017.
C) January 1, 2018.
D) February 10, 2018.
E) None of the choices are correct.
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57
S corporations are required to file Form 1120S,U.S.Income Tax Return for an S Corporation,with the IRS by the fifteenth day of the fourth month after the S corporation's year end.
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58
S corporation distributions of cash are not taxable to the shareholder to the extent of the combined shareholder's stock and debt basis.
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59
J.D.formed Clampett,Inc.as a C corporation (calendar tax year)with J.D.,Granny,and Jethro,Inc.(a C corporation)as shareholders.On January 15,2017,Jethro,Inc.sold all its shares to Jane Hathaway.On February 28,2017,Clampett,Inc.filed an S corporation election,with J.D.,Granny,and Jane all consenting to the election.What is the earliest effective date of the S election?
A) January 1, 2017.
B) January 1, 2018.
C) January 1, 2019.
D) February 28, 2018.
E) Never.
A) January 1, 2017.
B) January 1, 2018.
C) January 1, 2019.
D) February 28, 2018.
E) Never.
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60
Which of the following is a requirement to be an S corporation?
A) be a domestic or foreign corporation.
B) have only one class of stock.
C) have fewer than 75 shareholders.
D) have at least one corporate shareholder.
E) none of the choices are correct.
A) be a domestic or foreign corporation.
B) have only one class of stock.
C) have fewer than 75 shareholders.
D) have at least one corporate shareholder.
E) none of the choices are correct.
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61
Clampett,Inc.has been an S corporation since its inception.On July 15,2018,Clampett,Inc.distributed $50,000 to J.D.His basis in his Clampett,Inc.stock on January 1,2018,was $30,000.For 2018,J.D.was allocated $10,000 of ordinary income from Clampett,Inc.and no separately stated items.What is the amount of income J.D.recognizes related to Clampett,Inc.in 2018?
A) $60,000.
B) $50,000.
C) $20,000.
D) $10,000.
E) None of the choices are correct.
A) $60,000.
B) $50,000.
C) $20,000.
D) $10,000.
E) None of the choices are correct.
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62
Which of the following is not an adjustment to an S corporation shareholder's stock basis?
A) Increase for any contributions to the S corporation during the year.
B) Increase for shareholder's share of ordinary business income.
C) Decrease for shareholder's share of nondeductible items.
D) Increase for distributions during the year.
E) None of the choices are correct.
A) Increase for any contributions to the S corporation during the year.
B) Increase for shareholder's share of ordinary business income.
C) Decrease for shareholder's share of nondeductible items.
D) Increase for distributions during the year.
E) None of the choices are correct.
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63
Which of the following is the correct order in which loss limitation rules are applied?
A) basis rules 1st, at-risk rules 2nd, passive loss rules 3rd.
B) passive loss rules 1st, at-risk rules 2nd, basis rules 3rd.
C) basis rules 1st, passive loss rules 2nd, at-risk rules 3rd.
D) passive loss rules 1st, basis rules 2nd, at-risk rules 3rd.
E) None of the choices are correct.
A) basis rules 1st, at-risk rules 2nd, passive loss rules 3rd.
B) passive loss rules 1st, at-risk rules 2nd, basis rules 3rd.
C) basis rules 1st, passive loss rules 2nd, at-risk rules 3rd.
D) passive loss rules 1st, basis rules 2nd, at-risk rules 3rd.
E) None of the choices are correct.
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64
On March 15,2017,J.D.sold his Clampett,Inc.(an S corporation)shares to Ellie Mae,Inc.(a C corporation),terminating Clampett,Inc.'s S election on March 15,2017.Absent permission from the IRS,what is the earliest date Clampett,Inc.may again elect to be taxed as an S corporation?
A) January 1, 2023.
B) January 1, 2022.
C) January 1, 2021.
D) January 1, 2020.
E) January 1, 2018.
A) January 1, 2023.
B) January 1, 2022.
C) January 1, 2021.
D) January 1, 2020.
E) January 1, 2018.
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65
Suppose at the beginning of 2017,Jamaal's basis in his S corporation stock is $0,he has a $0 debt basis associated with a $10,000 loan he made to the S corporation and a $5,000 suspended loss from the S corporation.In 2017,Jamaal contributed $8,000 to the S corporation,and the S corporation had ordinary income of $4,000.Assume that Jamaal owns 40% of the S corporation.What is Jamaal's stock and debt basis at the end of 2017?
A) $0 stock basis; $4,600 debt basis.
B) $0 stock basis; $9,600 debt basis.
C) $4,600 stock basis; $0 debt basis.
D) $9,600 stock basis; $0 debt basis.
E) None of the choices are correct.
A) $0 stock basis; $4,600 debt basis.
B) $0 stock basis; $9,600 debt basis.
C) $4,600 stock basis; $0 debt basis.
D) $9,600 stock basis; $0 debt basis.
E) None of the choices are correct.
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66
Suppose at the beginning of 2017,Jamaal's basis in his S corporation stock was $27,000 and that Jamaal has directly loaned the S corporation $10,000.During 2017,the S corporation reported an $80,000 ordinary business loss and no separately stated items.After any loss deductions this year,what is Jamaal's stock and debt basis at the end of the year if Jamaal is a 50% shareholder of the S corporation?
A) $27,000 stock basis; 10,000 debt basis.
B) $0 stock basis; $10,000 debt basis.
C) $67,000 stock basis; $10,000 debt basis.
D) -$13,000 stock basis; $10,000 debt basis.
E) None of the choices are correct.
A) $27,000 stock basis; 10,000 debt basis.
B) $0 stock basis; $10,000 debt basis.
C) $67,000 stock basis; $10,000 debt basis.
D) -$13,000 stock basis; $10,000 debt basis.
E) None of the choices are correct.
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67
Which of the following is not a true statement?
A) For shareholder-employees who own 2 percent or less of the entity, the S corporation gets a tax deduction for qualifying fringe benefits, and the benefits are nontaxable to the employees.
B) For shareholder-employees who own more than 2 percent of the S corporation, the S corporation gets a tax deduction, but the otherwise qualifying fringe benefits are taxable to the more-than-2-percent shareholder-employees.
C) S corporation owners have a tax incentive to pay themselves a low salary.
D) An S corporation shareholder's allocable share of ordinary business income (loss) is not classified as self-employment income for tax purposes.
E) None of the choices are false.
A) For shareholder-employees who own 2 percent or less of the entity, the S corporation gets a tax deduction for qualifying fringe benefits, and the benefits are nontaxable to the employees.
B) For shareholder-employees who own more than 2 percent of the S corporation, the S corporation gets a tax deduction, but the otherwise qualifying fringe benefits are taxable to the more-than-2-percent shareholder-employees.
C) S corporation owners have a tax incentive to pay themselves a low salary.
D) An S corporation shareholder's allocable share of ordinary business income (loss) is not classified as self-employment income for tax purposes.
E) None of the choices are false.
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68
The IRS may consent to an early re-election of S corporation status after a termination under which of the following:
A) The corporation is now owned more than 10 percent by shareholders who were not owners at the time of termination.
B) The corporation is now owned more than 60 percent by shareholders who were owners at the time of termination.
C) The termination was not reasonably within the control of the corporation or shareholders with a substantial interest in the corporation and was not part of a planned termination by the corporation or shareholders.
D) The corporation had only two ineligible shareholders at the termination date.
E) None of the choices are correct.
A) The corporation is now owned more than 10 percent by shareholders who were not owners at the time of termination.
B) The corporation is now owned more than 60 percent by shareholders who were owners at the time of termination.
C) The termination was not reasonably within the control of the corporation or shareholders with a substantial interest in the corporation and was not part of a planned termination by the corporation or shareholders.
D) The corporation had only two ineligible shareholders at the termination date.
E) None of the choices are correct.
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69
Suppose Clampett,Inc.terminated its S election on August 28,2017.At the end of the S corporation's short tax year ending on August 28,J.D.'s stock basis and at-risk amounts were both zero (he has never had debt basis),and he had a suspended loss of $20,000.In 2018,J.D.made additional capital contributions of $5,000 on March 15 and $12,000 on September 20.How much loss may J.D.deduct in 2018?
A) $0.
B) $5,000.
C) $17,000.
D) $20,000.
E) None of the choices are correct.
A) $0.
B) $5,000.
C) $17,000.
D) $20,000.
E) None of the choices are correct.
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70
Suppose Clampett,Inc.terminated its S election on August 28,2017.At the end of the S corporation's short tax year ending on August 28,J.D.'s stock basis and at-risk amounts were both zero (he has never had debt basis),and he had a suspended loss of $20,000.In 2018,J.D.made additional capital contributions of $5,000 on March 15 and $12,000 on September 5.How much loss may J.D.deduct in 2018?
A) $0.
B) $5,000.
C) $17,000.
D) $20,000.
E) None of the choices are correct.
A) $0.
B) $5,000.
C) $17,000.
D) $20,000.
E) None of the choices are correct.
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71
Which of the following is not a separately stated item for S corporations?
A) Dividends.
B) Interest income.
C) Charitable contributions.
D) Investment interest expense.
E) All of the choices are separately stated items.
A) Dividends.
B) Interest income.
C) Charitable contributions.
D) Investment interest expense.
E) All of the choices are separately stated items.
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72
Suppose at the beginning of 2017,Jamaal's basis in his S corporation stock is $1,000,and he has a $10,000 debt basis associated with a $10,000 loan he made to the S corporation.In 2017,Jamaal's share of S corporation income is $4,000,and he received a $7,000 distribution from the S corporation.How much income does Jamaal report in 2017 from these transactions?
A) $0.
B) $4,000.
C) $6,000.
D) $7,000.
E) None of the choices are correct.
A) $0.
B) $4,000.
C) $6,000.
D) $7,000.
E) None of the choices are correct.
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73
Clampett,Inc.(an S corporation)previously operated as a C corporation.Under general rules,distributions from Clampett,Inc.are deemed to be paid in the following order:
A) shareholder's remaining stock basis, prior C corporation earnings and profit, the AAA account.
B) shareholder's remaining stock basis, the AAA account, prior C corporation earnings and profit.
C) prior C corporation earnings and profit, the AAA account, shareholder's remaining stock basis.
D) the AAA account, prior C corporation earnings and profit, shareholder's remaining stock basis.
E) none of the choices are correct.
A) shareholder's remaining stock basis, prior C corporation earnings and profit, the AAA account.
B) shareholder's remaining stock basis, the AAA account, prior C corporation earnings and profit.
C) prior C corporation earnings and profit, the AAA account, shareholder's remaining stock basis.
D) the AAA account, prior C corporation earnings and profit, shareholder's remaining stock basis.
E) none of the choices are correct.
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74
Suppose at the beginning of 2017,Jamaal's basis in his S corporation stock was $27,000 and that Jamaal has directly loaned the S corporation $10,000.During 2017,the S corporation reported an $80,000 ordinary business loss and no separately stated items.How much of the ordinary loss is deductible by Jamaal if he owns 50% of the S corporation?
A) $10,000.
B) $27,000.
C) $37,000.
D) $40,000.
E) None of the choices are correct.
A) $10,000.
B) $27,000.
C) $37,000.
D) $40,000.
E) None of the choices are correct.
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75
Assume Joe Harry sells his 25% interest in Joe's S Corp.,Inc.to Tyrone on January 29.Using the daily allocation method,how much income does Joe Harry report if Joe's S Corp.,Inc.earned $200,000 from January 1 to January 29 and a total of $1,460,000 from January 1 through December 31 (365 days)?
A) $29,000.
B) $50,000.
C) $112,000.
D) $200,000.
E) None of the choices are correct.
A) $29,000.
B) $50,000.
C) $112,000.
D) $200,000.
E) None of the choices are correct.
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76
Suppose at the beginning of 2017,Jamaal's basis in his S corporation stock is $0,he has a $0 debt basis associated with a $10,000 loan he made to the S corporation and a $5,000 suspended loss from the S corporation.In 2017,Jamaal contributed $8,000 to the S corporation,and the S corporation had ordinary income of $4,000.Assume that Jamaal owns 40% of the S corporation.How much net income or loss does Jamaal report this year from the S corporation?
A) $4,000 income.
B) $1,600 income.
C) $1,000 loss.
D) $3,400 loss.
E) None of the choices are correct.
A) $4,000 income.
B) $1,600 income.
C) $1,000 loss.
D) $3,400 loss.
E) None of the choices are correct.
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77
Suppose at the beginning of 2017,Jamaal's basis in his S corporation stock is $1,000,and he has a $10,000 debt basis associated with a $10,000 loan he made to the S corporation.In 2017,Jamaal's share of S corporation income is $4,000,and he received a $7,000 distribution from the S corporation.What is Jamaal's stock and debt basis after these transactions?
A) $0 stock basis; $8,000 debt basis.
B) $0 stock basis; $10,000 debt basis.
C) $5,000 stock basis; $10,000 debt basis.
D) $5,000 stock basis; $3,000 debt basis.
E) None of the choices are correct.
A) $0 stock basis; $8,000 debt basis.
B) $0 stock basis; $10,000 debt basis.
C) $5,000 stock basis; $10,000 debt basis.
D) $5,000 stock basis; $3,000 debt basis.
E) None of the choices are correct.
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78
Assume Joe Harry sells his 25% interest in Joe's S Corp.,Inc.to Tyrone on January 29.Using the specific identification allocation method,how much income does Joe Harry report if Joe's S Corp.,Inc.earned $200,000 from January 1 to January 29 and a total of $1,460,000 from January 1 through December 31 (365 days)?
A) $28,000.
B) $50,000.
C) $112,000.
D) $200,000.
E) None of the choices are correct.
A) $28,000.
B) $50,000.
C) $112,000.
D) $200,000.
E) None of the choices are correct.
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79
Which of the following income items from an S corporation is not considered investment income for purposes of the net investment income tax?
A) Passive income.
B) Investment interest income.
C) Dividends.
D) Short-term capital gains.
E) All of the choices are considered investment income for the net investment income tax.
A) Passive income.
B) Investment interest income.
C) Dividends.
D) Short-term capital gains.
E) All of the choices are considered investment income for the net investment income tax.
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80
Vanessa contributed $20,000 of cash and land with a fair market value of $100,000 and an adjusted basis of $40,000 to Cook,Inc.(an S corporation)when it was formed.The land was encumbered by a $30,000 mortgage executed two years before.What is Vanessa's tax basis in her Cook,Inc.stock after formation?
A) $20,000.
B) $30,000.
C) $60,000.
D) $80,000.
E) $120,000.
A) $20,000.
B) $30,000.
C) $60,000.
D) $80,000.
E) $120,000.
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