Exam 12: The Choice of Business Entity

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Start-up losses of a new business operation can generate immediate tax savings if the business is operated as a corporation.

(True/False)
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Contributions of property to S corporations are tax-free only if the contributing parties have control (80% ownership) immediately after the contribution.

(True/False)
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A family partnership can shift taxable income to younger family members only if these family members own a partnership interest.

(True/False)
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Partnerships offer more flexibility in allocating income among owners than S corporations.

(True/False)
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Which of the following benefits does not occur when owner-shareholders accumulate earnings of their closely-held corporations at the entity level and later sell their stock at an increased value?

(Multiple Choice)
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Zenon Corporation generates taxable income of $100,000 per year. Yellow Corporation generates taxable income of $50,000 per year. a. Calculate regular income tax liability for Zenon and Yellow. b. How would your answers to part (a) change if Mary Jones is the sole shareholder of both Zenon and Yellow? c. How would the ownership of the two corporations impact their tax liability if Zenon and Yellow each generated taxable income of $500,000? Provide calculations to support your conclusion.

(Essay)
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Ms. Alfred anticipates that her business will generate $500,000 taxable income. She can reduce the total tax burden imposed on this income if she spreads it among five separate corporations.

(True/False)
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When the personal holding company tax was originally enacted, its purpose was to discourage individuals from incorporating their investment portfolios.

(True/False)
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The revenue agent who audited the Form 1120 filed by LCW Inc. recharacterized $125,000 of the salary paid to Ms. Lewis' (LCW's president and controlling shareholder) as a constructive dividend. LCW's marginal tax rate is 35%, and Ms. Lewis' marginal tax rate is 33%. Which of the following is not a consequence of the recharacterization?

(Multiple Choice)
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Mr. and Mrs. Maxwell are equal partners in Family partnership. The Maxwell's marginal tax rate is 35%. Next year, the partnership is expected to generate $200,000 of ordinary income. The Maxwells are considering transferring 20% interests in the partnership to each of their children. Their daughter, Melissa, has a 15% marginal tax rate. Their son, Mark, has a 25% marginal tax rate. Calculate the expected annual tax savings to the family from the proposed transfer of partnership interests.

(Multiple Choice)
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Mr. Allen, whose marginal tax rate is 39.6%, owns an office building that generates $100,000 annual taxable income. He plans to create a family partnership by giving each of his three children a 15% interest in the building. Mr. Allen will retain a 55% interest. Mr. Allen will manage the building, and receive a guaranteed payment of $20,000. If Mr. Allen's children are in the 15% tax bracket, compute the annual tax savings from this income-shifting arrangement.

(Multiple Choice)
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The IRS may conclude that a CEO/shareholder of a closely held corporation has been paid a nondeductible constructive dividend rather than a deductible salary.

(True/False)
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Which of the following statements regarding alternative business forms is true?

(Multiple Choice)
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Which of the following items might an IRS agent seek to recharacterize as a constructive dividend?

(Multiple Choice)
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If a new business organized as a C corporation incurs start-up losses, the tax benefits of those losses will be recognized immediately.

(True/False)
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Gwen and Travis organized a new business as an LLC in which they own equal interests. The new business generated a $10,000 operating loss its first year. If Gwen's marginal tax rate is 35%, her tax savings from the first-year LLC loss is:

(Multiple Choice)
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Individual shareholders who create a brother-sister controlled group do not derive any federal tax advantage from doing so.

(True/False)
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Which of the following entities does not provide all the owners with limited liability for debts incurred by the entity?

(Multiple Choice)
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Parent-subsidiary and brother-sister controlled corporate groups are eligible to file consolidated income tax returns.

(True/False)
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The IRS agent who audited the Form 1120 filed by Alano Inc. concluded that $300,000 of the salary that Alano paid to its CEO and sole shareholder was a constructive dividend. As a result:

(Multiple Choice)
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