Exam 13: Comparative Forms of Doing Business

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Techniques are available that may permit a C corporation to avoid double taxation.

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Match the following statements: -C corporations

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A limited liability company (LLC) cannot elect under the check-the-box rules to be taxed as an S corporation.

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Walter wants to sell his wholly-owned C corporation, Cream, Inc. The fair market value of his stock exceeds the corporation's adjusted basis for the assets. Should Walter sell his stock or have Cream sell its assets and make a liquidating distribution to him?

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In its first year of operations (2014), Lavender, Inc. (a C corporation) has gross receipts of $8 million and net income of $2 million. Lavender is not subject to the AMT for 2014.

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The profits of a business owned by Taylor (60%) and Maggie (40%) for the current tax year are $100,000. If the business is a C corporation or an S corporation, there is no effect on Taylor's basis in her stock. If the business is a partnership or an LLC, Taylor's basis in her partnership interest or basis in her stock is increased by $60,000.

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

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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.

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If lease rental payments to a noncorporate shareholder-lessor are classified as unreasonable, the taxable income of a C corporation increases and the gross income of the shareholder increases.

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John wants to buy a business whose assets have appreciated in value. If the business is operated as a C corporation, it does not matter to John whether he purchases the assets or the stock.

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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.

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Match the following statements: -Technique for minimizing double taxation

(Multiple Choice)
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Match the following statements: -Net capital loss

(Multiple Choice)
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Mr. and Ms. Smith's partnership owns the following assets: Mr. and Ms. Smith's partnership owns the following assets:   * Potential § 1245 recapture of $45,000. ** Straight-line depreciation was used. Mr) and Ms. Smith each have a basis for their partnership interest of $135,000. Calculate their combined recognized gain or loss and classify it as capital or ordinary if they sell their partnership interests for $500,000. * Potential § 1245 recapture of $45,000. ** Straight-line depreciation was used. Mr) and Ms. Smith each have a basis for their partnership interest of $135,000. Calculate their combined recognized gain or loss and classify it as capital or ordinary if they sell their partnership interests for $500,000.

(Multiple Choice)
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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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An S corporation election for Federal income tax purposes also is effective for all states' income tax purposes.

(True/False)
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Actual dividends paid to shareholders result in double taxation. Likewise, deemed dividends (e.g., free use of corporate assets by a shareholder) result in double taxation.

(True/False)
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Techniques that can be used to minimize the current period tax liability include:

(Multiple Choice)
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Daniel, who is single, estimates that the profits of his business for the current tax year will be $100,000. Since the highest tax rate (34%) applicable to corporate taxable income of $100,000 is greater than the highest tax rate (28%) applicable to individual taxable income of $100,000, the Federal income tax liability will be less if Daniel conducts his business as a sole proprietorship rather than as a C corporation.

(True/False)
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A benefit of an S corporation when compared with a C corporation is that it is subject to Federal income tax only in limited circumstances.

(True/False)
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