As we learned last week in Chapter 14, a taxpayer does not recognize a gain or loss on the transfer of property to a corporation as long as the transferors have control* of the corporation immediately following the exchange (IRC 351). The taxpayer can transfer virtually any type of property, including cash, inventory, intellectual property (such as a patent), or a building. It’s important, upon corporate formation, that accurate records are kept on what property was used to form the corporation and what its value is. This information is used to establish the shareholder’s basis in the stock as well as the corporation’s basis in the assets contributed, which has particular importance in a corporate liquidation. In theory, the value of the assets contributed will be equal to the value of the corporate stock received; …show more content…
The fair market value of the coffee shop is $250,000. He contributes the coffee shop to 4B's, Inc. in exchange for 25% of the stock in 4B's, Inc. At the same time Frank, Kevin, and Floyd each contribute $250,000 cash in exchange for their 25% ownership in 4B's, Inc. The "control" test is met even though Bob only has 25% control, because in the aggregate, the shareholders have 100% control. Bob's realized gain is $100,000 ($250,000 – $150,000), but that is deferred under IRC 351 so he does not have to recognize that gain at the time of contribution. Rather, Bob will have a carryover basis of $150,000 in his investment in 4B's, Inc. stock. If Bob were to sell the 4B's stock tomorrow for its FMV of $250,000, he would recognize a $100,000 gain at that time. In this example the assumption is that all of the individuals are unrelated. If all the individuals were related either by blood or marriage the control test would be met. In other words, family attribution is considered in determining whether the 80% control test is
On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger 's drink. After that , they would steal Geiger 's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry
To meet the control test under section 351, a taxpayer transferring property to a corporation must by himself own 80 percent or more of the corporation 's voting stock and 80 percent of each class of nonvoting stock after the transfer even if there are
In order to deduct her moving expenses, she must meet certain conditions outlined in Reg. 1.217-2 (c). Helen meets the first two requirements (relevance to work test and distance test) without any issue. The third requirement has not yet been met yet though. This requirement is a minimum period of employment. Since she is a full-time employee, she must work full-time in this general location for at least 39 weeks during the 12 month period after the move. This does not mean she is not required to remain employed at her current place of work to meet this test. Even though she does not meet this requirement yet, she can deduct these expenses on the current years return or the year the reimbursement is paid to her by her employer. If she recognizes the expenses on this year’s return and does not end up meeting the requirement, she will have to include the deductions she took on this year’s return in next year’s gross income.
* Under ASC 805-740, a change in an acquirer’s valuation allowance for a deferred tax asset that results from a change in the acquirer’s circumstances caused by a business combination…
I appreciate the opportunity to advise you regarding the tax treatment for your loss of $25,406 in 2015 from your dog breeding activities. I understand that you decided to start breeding purebred terriers to keep yourself busy after your divorce with your husband in January. There are two possible ways to treat the loss under rulings in the Internal Revenue Code. One option is to treat your dog breeding activity as a business and deduct the losses on Schedule C, Profit or Loss from Business, of your individual income tax return. The second option is to treat your dog breeding as an activity not engaged in for profit, which does not allow you to deduct the
Once a gain or loss is recognized, a taxpayer must determine how the recognized gain or loss affects the taxpayer’s tax liability. The character depends on a combination of two factors: purpose or use of the asset and holding period. The purpose or use of the asset is important because the law does not treat all assets equally. The general use categories are: (1) trade or business, (2) for the production of income (rental activities), (3) investment, and (4) personal. Based on these criteria, we can categorize an asset into one of three groups: (1) ordinary, (2) capital, or (3) section 1231. Characterizing the gain or loss is important because all gains and losses are not equal. Ordinary gains and losses are taxed at ordinary income rates, regardless of the holding
(A) if such contract or interest therein has a basis for determining gain or loss in the hands of a transferee determined in whole or in part by reference to such basis of such contract or interest therein in the hands of the transferor,
3. Lem Lumberjack sells 100 shares (basis of $5,000) of Redwood Corporation common stock on March 8, 2013, for $4,000. On March 29, 2013, Lem purchases 50 shares of Redwood Corporation common stock for $2,500. Lem’s recognized loss on the sale is:
Medicaid is a federal grant given to states, disbursed to counties to provider insurance coverage for select populations. These populations include low-income families with minor children, pregnant women, coverage for nursing homes and as a secondary coverage to Medicare. Santa Clara County has a very high population of patients who receive Medi-Cal, California’s version of Medicaid. Individuals would either go to the Santa Clara County Social Services Agency or to a Financial Counselor’s office at SCVHHS to apply for coverage, which requires producing the required documentation.
Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination lawsuit against her employer. The firm associate that filed the action made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC) right-to-sue letter. The court dismissed the claims. The law firm did not try to re-file using the correct attachment, or try to dismiss the motion. Thirteen months later, the law firm informed Young that the claims had been dismissed, and that the firm was withdrawing from representing her further with the case.
Section 351(c)(2) allows shareholders to dispose of all or part of the transfers stock without preventing the corporations Section 351 transaction from satisfying the “ control immediate after” requirement (4). Section 351(d) states that there are times when services, certain indebtedness, and accrued interest not treated as property as per James v. Commissioner, 53 T.C. 63 (1969); cf. Hospital Corporation of America v. Commissioner, 81 T.C. 520
Plaintiff claims false arrest and malicious prosecution. Plaintiff states he was arrested for criminal possession of marijuana however no marijuana was recovered. PO Hernandez, PO Bonet, and PO Heredia were members of the anti-crime in PSA 6. Officers observed via Viper camera plaintiff and two other apprehended individuals smoking marijuana in the park behind a housing project. Officers approached plaintiff and two individuals and conducted a stop and frisk. Officers did not recover any contraband or marijuana was recovered. Plaintiff and the two individuals were transported to the precinct where a bag of marijuana was recovered during a search at the precinct. Officers could not determine ownership of the marijuana therefore all three were
Are we focusing on family offices in particular or COI’s in general? What has been done to date? Is there any process currently in place for young producers to reach out to COI’s? Do we have a current COI list or hit list?
As mentioned above, when an asset is sold it may be sold in excess of the owner’s basis. When this occurs the taxpayer may be taxed on the gain at the more favorable capital gains rate (typically around 15%). What was not discussed in prior modules, was the treatment of capital gains for corporations, treatment of capital losses for both individuals and corporations, and how the length of ownership impact the classification and tax treatment of assets upon their sale.