Week Five Problems
December 14, 2013
ACC/455
C 11-31 Termination of the Election:
Orlando Corporation, a calendar year taxpayer, has been an S corporation for several years. On July 10, 2009, Orlando authorizes a second class of nonvoting preferred stock that pays a 10% annual dividend. The corporation issues the stock to Sid on September 12, 2009, to raise additional equity capital. Sid owns no other Orlando stock.
a. Does Orlando’s S election terminate? If so, when is the termination effective?
Yes Orlando’s S corporation election would terminate on the day the terminating event occurred which would be September, 12 2009; when they issued the stock to
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The partnership plans to distribute $10000 each month this year and Javier will cease to be a partner after the December payment. Is the January payment a current distribution or a liquidating distribution? The payments are all part of a liquidating distribution. According to the text, a liquidation distribution is a single distribution or one of a planned series of distributions that terminates a partner's entire interest in the partnership. Current distributions are all other distributions including those that substantially reduce a partner's interest in the partnership. In accordance with the liquidation, distribution laws Javier would have to recognize a gain of $20,000 at the end of the year as he only had $100,000 basis but is receiving $120,000 (12*10000). The partnership will not have to recognize a gain or a loss according to the information provided.
11-37
A) S corporation ordinary income
Sales. $300,000
- COGS (140,000)
Gross profit $160,000
+ Sec 1245 Gain. 22,000
- Depreciation -18,000
Nancy's salary. -20,000
Business interests. -32,000
Entertainment & meals. (7800 x 50) 3,900
S corporation ordinary income = $108,100
Separately stated items
Dividend income $10,000
Section 1231 12,000
Tax exempt interest
* b. Further allocation of amounts allocated to repurchased shares to various components of stockholder equity upon formal or constructive retirement.
The distribution is treated as a dividend to the extent of the distributing corporation’s current and accumulated E&P. Any additional; excess is treated as a capital gain. The shareholder’s basis in the property received is its FMV. The shareholder’s holding period for the property begins on the day after the distribution date.
* However, if these payments are unreasonable, then distribution is considered a ‘constructive dividend’ and is no longer deductible
S198A(1): The board of directors has discretion as to when and how to issue shares
At the time of its incorporation, Exotic Antiques Ltd. issued 176,000 common shares in return for $3,960,000 in cash ($22.50per share).
THIS AGREEMENT FOR DISTRIBUTION OF CORPORATE STOCK, hereinafter referred to as “Agreement”, is made on the ____ day of _____ , 2012 for the distribution of stock of Career-Sync, Inc., an Illinois corporation, by and between Jacob Donnewald, of Joliet, Illinois, hereinafter referred to as “Seller”, and hereinafter referred to as “Purchaser”.
The quarterly dividends Spouse A receives from the investment in Company E stock from 11 years ago. Spouse A would be paid 4 quarterly dividends from the stock for this year.
* In 2012, Vincent experienced an uninsured earthquake loss in the amount of $200,000 before taxes.
Case 11-8 Billy’s Beats Inc. Billy’s Beats Inc. (Billy’s), an SEC registrant, is a new audit client with a fiscal year-end of December 31, 2011. Billy’s manufactures musical instruments. Billy’s acquired Little Drummer Boy Inc. (Little Drummer) in 2011 for $575 million in cash. The fair value of significant assets acquired was determined by an external valuation specialist and included property, plant, and equipment totaling $865 million (based on an appraisal of the market prices of similar assets) and other assets totaling $145 million. The useful lives assigned to the property, plant, and equipment acquired were 30 years for the plant and 15 years for the equipment. The useful lives for the plant and equipment already owned by Billy’s
Drafters of the Internal Revenue Code provided adjustments to the basis of partnership property as a consequence to the sale or exchange of a partnership interest, including transfer of such an interest on the death of a partner provided the partnership made an election or the partnership has a substantial built-in loss. Absent a basis adjustment, the incoming/transferee partner will be taxed on the same gain when realized by the partnership if the interest transferred had appreciated. The selling/transferor partner will recognize gain the sale regardless of consequences to the remaining partners and partnership. Likewise if the partnership interest depreciated, the transferor partner would recognize a loss on the sale, and the
It continued with the winding up of business partnerships, such as performance of existing contracts, payment of debts of firms and collection of receivables. The assets of the partnership is liquidated and distributed, or if the partnership is to continue, then the procedure shows the changes in the membership of the firm is run. Dissolution ends with the termination of the legal existence of the partnership, when all procedures are completed.
Firstly, transition payments is determined using a formula based on the length of time someone worked before they lost their job such as one week’s or one month’s pay for every year they made work inputs. The terminated employee must be compliant with the following Sections 5(b)(iv), 6. Confidential Information, 7. Cooperation, 8. Non-disclosure, Non-disparagement, and Non-solicitation, 9. Covenant Not to Compete in order to qualify for separation payment. The total separation payment is made in three installments in the form of lump- sum payments. The first payment is after the separation date but not exceeding thirty days, the second payment six months after the separation date and the third payment over an eighteen month period in equal bi-weekly installments beginning six months after the separation
While the agreement says that compensation and dividend for each partner should be equal irrespective of the contribution they make to the company’s annual revenues. There exists a clear level of distress among partners regarding each other’s financial benefits which are not proportional in regard to their effort.
If you look around, you must have noticed people in your relation and in your neighbourhood running business in partnership. You must have seen people quitting partnership firm or a person dies while in partnership. These are the events that take place during the lifetime of a partnership firm. Some issues arise on the happening of these events involving finance. Some assets and liabilities may need revaluation, goodwill is to be treated and amount of joint life policy is distributed and soon accounting adjustment are required to be made. Whenever such events take place, the firm has to calculate the dues of a partner leaving the firm or that of the