Exam 2: Corporate Formations and Capital Structure

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Define the term "nonresident alien" and discuss the special tax consequences of U.S. taxation on various types of income of a nonresident alien.

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Identify which of the following statements is true.

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There are no tax consequences of a partnership converting to a C corporation.

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Jacque, a single nonresident alien, is in the United States for 80 days in the current year engaging in the conduct of a U.S. trade or business. Jacque has $30,000 of dividend income paid by a U.S. corporation on a stock investment portfolio unrelated to his trade or business. How will the dividend be taxed and how will the tax be collected?

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Which of the following is an advantage of a sole proprietorship over other business forms?

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Jeremy transfers Sec. 351 property acquired three years earlier having a $100,000 basis and a $160,000 FMV to Jeneva Corporation. Jeremy receives all 200 shares of Jeneva stock having a $140,000 FMV, and a $20,000 90- day Jeneva note. What is Jeremy's recognized gain?

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Three members form an LLC in the current year. Which of the following statements is incorrect?

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What are the five major income categories that are taxed under the Subpart F rules? Explain the concept of Subpart F income.

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Which of the following statements is incorrect?

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Silvia transfers to Leaf Corporation a machine she had purchased a year ago for $50,000. The machine has a $40,000 adjusted basis and a $55,000 FMV on the transfer date. $10,000 in depreciation was claimed by Silvia prior to the transfer. Silvia receives all 1,000 shares of Leaf Corporation stock worth $50,000 and a two- year note with a $5,000 FMV. What is the amount and character of the recognized gain or loss?

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Michael contributes equipment with a $25,000 adjusted basis and a $40,000 FMV to Miller Corporation for 25 of its 50 shares of stock. His son, Michael Jr., contributes $10,000 cash for the remaining 25 Miller shares. What tax issues should Michael and his son consider with respect to the stock acquisitions?

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On July 9, 2008, Tom purchased a computer (five- year property for MACRS purposes) for $6,000, which he used in his sole proprietorship. He claimed $1,200 (0.20 × $6,000) of depreciation for 2008. On February 9, 2009, he transfers the computer and other assets of his sole proprietorship to Brewer Corporation in exchange for Brewer stock in a transfer qualifying under Sec. 351. What is the amount of depreciation for 2008 claimed by Tom? What is the amount of depreciation for 2009 claimed by Brewer Corporation? What is Brewer's basis in the computer on the date of transfer?

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Domestic corporation B owns 200 of the 400 outstanding shares of foreign corporation K's stock. U.S. citizen R owns the remaining K stock. The domestic corporation held the stock for 40 days two years ago, 365 days last year, and 80 days this year. None of K's income is Subpart F income. The foreign corporation has E&P of $50,000 for each of the three years in question. None of the years is a leap year. On the 80th day of the current year, the stock is sold by B to R in a transaction in which a $100,000 gain is recognized by B. What part of B's gain is capital gain?

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Azar, who owns 100% of Hat Corporation, transfers land having a $50,000 FMV and a $30,000 adjusted basis to Hat. In return, Azar receives additional shares of Hat common stock having a $40,000 FMV and Cap Corporation common stock having a $10,000 FMV. The Cap Corporation common stock, a capital asset, has a $2,500 basis on Hat's books. What is Azar's realized and recognized gain? Does Hat Corporation recognize a gain on the stock transfer to Azar?

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Identify which of the following statements is true.

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On May 1 of the current year, Kiara, Victor, Pam, and Joe form Newco Corporation with the following investme Property Transferred On May 1 of the current year, Kiara, Victor, Pam, and Joe form Newco Corporation with the following investme Property Transferred   Kiara purchased the land and building several years ago for $12,000 and $50,000, respectively. Kiara has claimed straight- line depreciation on the building. Victor also received a Newco Corporation note for $10,000 due in thre The note bears interest at a rate acceptable to the IRS. Victor purchased the equipment three years ago for $50,00 also receives $5,000 cash. Pam purchased the van two years ago for $20,000. a) Does the transaction satisfy the requirements of Sec. 351? b) What are the amounts and character of the reorganized gains or losses to Kiara, Victor, Pam, Joe, and Newco Corporation? c) What is each shareholder's basis for his or her Newco stock? When does the holding period for the stock beg d) What is Newco Corporation's basis for its property and services? When does its holding period begin for eac property? Kiara purchased the land and building several years ago for $12,000 and $50,000, respectively. Kiara has claimed straight- line depreciation on the building. Victor also received a Newco Corporation note for $10,000 due in thre The note bears interest at a rate acceptable to the IRS. Victor purchased the equipment three years ago for $50,00 also receives $5,000 cash. Pam purchased the van two years ago for $20,000. a) Does the transaction satisfy the requirements of Sec. 351? b) What are the amounts and character of the reorganized gains or losses to Kiara, Victor, Pam, Joe, and Newco Corporation? c) What is each shareholder's basis for his or her Newco stock? When does the holding period for the stock beg d) What is Newco Corporation's basis for its property and services? When does its holding period begin for eac property?

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Rose and Wayne form a new corporation. Rose contributes cash for 85% of the stock and Wayne contributes services for 15% of the stock. The tax effect is

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Karen, a U.S. citizen, earns $40,000 of taxable income from U.S. sources, $20,000 in taxable wages from Country A and $20,000 in taxable interest from Country B. The U.S. tax rate is 25%. The tax on Country A income is $8,000, and Country B charges no tax on the interest income. Assuming two baskets are needed for the two types of income because the interest is passive income, Karen's foreign tax credit that can be claimed is

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Which of the following statements is incorrect?

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Income derived from the sale of merchandise inventory (i.e., final goods purchased for resale) are sourced in the country where the sale occurs.

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