McGraw-Hill's Taxation of Business Entities 3rd Edition by Connie Weaver, Brian Spilker, Edmund Outslay, John Robinson, Ronald Worsham, Benjamin Ayers, John Barrick

Exercise 81

Mark is the sole shareholder of Tex Corporation. Mark firstformed Tex as a C corporation. However, in an attempt to avoid having Tex'sincome double taxed, Mark elected S corporation status for Tex several yearsago. On December 31, 2011, Tex reports $5,000 of earnings and profits from itsyears as a C corporation and $50,000 in its accumulated adjustments account from its activities as an S corporation (including its 2011 activities). Mark discovered that for the first time Tex was going to have to pay the excess net passive income tax. Mark wanted to avoid having to pay the tax but he determined the only way to avoid the tax was to eliminate Tex's E P by the end of 2011. He determined that, because of the distribution ordering rules (AAA first), he would need to have Tex immediately (in 2011) distribute $55,000 to him. This would clear out Tex's accumulated adjustments account first and then eliminate Tex's C corporation earnings and profits in time to avoid the excess net passive income tax. Mark was not sure Tex could come up with $55,000 of cash or property in time to accomplish his objective. Does Mark have any other options to eliminate Tex's earnings and profits without first distributing the balance inTex's accumulated adjustments account