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Rust Corporation distributes property to its sole shareholder, Andre. The property has a fair market value of $350,000, an adjusted basis of $205,000, and is subject to a liability of $220,000. Current E & P is $500,000. With respect to the distribution, which of the following statements is correct?


A) Rust has a gain of $15,000 and Andre has dividend income of $350,000.
B) Rust has a gain of $145,000 and Andre's basis in the distributed property is $130,000.
C) Rust has a gain of $130,000 and Andre's basis in the distributed property is $350,000.
D) Rust has a gain of $145,000 and Andre has dividend income of $130,000.
E) None of the above.

F) B) and D)
G) A) and E)

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Brett owns stock in Oriole Corporation (basis of $100,000) as an investment. Oriole distributes property (fair market value of $375,000; basis of $187,500) to him during the year. Oriole has current E & P of $25,000 (which includes the E & P gain on the property distribution) , accumulated E & P of $100,000, and makes no other distributions during the year. What is Brett's capital gain on the distribution?


A) $0.
B) $100,000.
C) $150,000.
D) $187,500.
E) None of the above.

F) D) and E)
G) C) and D)

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Corporate shareholders generally receive less favorable tax treatment from a qualifying stock redemption than from a dividend distribution.

A) True
B) False

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On January 1, Tulip Corporation (a calendar year taxpayer) has accumulated E & P of $300,000. Its current E & P for the year is $90,000 (before considering dividend distributions). During the year, Tulip distributes $600,000 ($300,000 each) to its equal shareholders, Anne and Tom. Anne has a basis in her stock of $65,000, while Tom's basis is $120,000. What is the effect of the distribution by Tulip Corporation on Anne and Tom?

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Anne and Tom each have dividend income o...

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A corporate shareholder that receives a constructive dividend cannot apply a dividends received deduction to the distribution.

A) True
B) False

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False

Constructive dividends do not need to satisfy the legal requirements for a dividend as set forth by applicable state law.

A) True
B) False

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Briefly describe the reason a corporation might distribute a property dividend to a shareholder in lieu of a cash distribution. Describe the tax effects of the property distribution on the shareholder and on the corporation.

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A corporation could distribute property to a shareholder because a shareholder may want a particular piece of property held by the corporation. Another reason might be that the corporation has low cash reserves but still wants to make a distribution to its shareholders. The amount distributed to the shareholder is measured by the fair market value of the property on the date of distribution. Like cash, the portion of a property distribution covered by existing E & P is a dividend, and any excess is treated as a return of capital. If the market value of the property distributed exceeds the corporation's E & P and the shareholder's basis in the stock investment, a capital gain usually results. The amount distributed is reduced by any liabilities to which the distributed property is subject immediately before and immediately after the distribution and by any liabilities of the corporation assumed by the shareholder. The basis of the distributed property for the shareholder is the fair market value of the property on the date of the distribution. All distributions of appreciated property generate gain to the distributing corporation. In effect, a corporation that distributes gain property is treated as if it had sold the property to the shareholder for its fair market value. However, the distributing corporation does not recognize loss on the distributions of property. If the distributed property is subject to a liability in excess of basis or the shareholder assumes such a liability, a special rule applies. For purposes of determining gain on the distribution, the fair market value of the property is treated as not being less than the amount of the liability (and this deemed fair market value will also be the basis of the property in the shareholder's hands). Corporate distributions reduce E & P by the greater of the fair market value or the adjusted basis of property distributed, less the amount of any liability on the property. E & P is increased by gain recognized on appreciated property distributed as a property dividend. A property distribution cannot generate a deficit in E & P or add to a deficit in E & P.

On January 1, Eagle Corporation (a calendar year taxpayer) has accumulated E & P of $300,000. During the year, Eagle incurs a net loss of $420,000 from operations that accrues ratably. On June 30, Eagle distributes $180,000 to Libby, its sole shareholder, who has a basis in her stock of $112,500. How much of the $180,000 is a dividend to Libby?


A) $0.
B) $90,000.
C) $112,500.
D) $180,000.
E) None of the above.

F) All of the above
G) C) and E)

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A distribution in excess of E & P is treated as capital gain by shareholders.

A) True
B) False

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The adjusted gross estate of Keith, decedent, is $12 million. Included in the gross estate is stock in Gold Corporation (E & P of $1.3 million) , a closely held corporation, valued at $4.6 million as of the date of Keith's death. Keith had acquired the stock twelve years ago at a cost of $900,000. Death taxes and funeral and administration expenses for Keith's estate are $2.3 million. Gold Corporation redeems one­half of the stock from Keith's estate in a § 303 redemption to pay death taxes using property with a fair market value of $2.3 million (adjusted basis of $1.9 million) . Which of the following is a correct statement regarding the tax consequences of this redemption?


A) The estate will have a basis of $2.3 million in the property received from Gold Corporation in redemption of the estate's stock.
B) Gold Corporation will not reduce its E & P as a result of the distribution of the property to Keith's estate.
C) The estate will recognize a $1.4 million long-term capital gain on the redemption.
D) Gold Corporation recognizes no gain (or loss) on the distribution of the property to Keith's estate.
E) None of the above.

F) B) and E)
G) None of the above

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Which of the following is an incorrect statement regarding the application of the § 318 stock attribution rules?


A) An individual is not deemed to own the shares owned by his or her siblings.
B) Stock owned by an estate is deemed to be owned in full by a beneficiary.
C) Stock owned by any shareholder owning 50% or more of a corporation's stock is deemed to be owned in full by the corporation.
D) Stock owned by a partnership is deemed to be owned proportionately by a partner.
E) None of the above.

F) C) and D)
G) B) and C)

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B

During the year, Blue Corporation distributes land to its sole shareholder. If the fair market value of the land is less than its adjusted basis, Blue will not be able to recognize a loss on the distribution.

A) True
B) False

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Tungsten Corporation, a calendar year cash basis taxpayer, made estimated tax payments of $800 each quarter in 2014, for a total of $3,200. Tungsten filed its 2014 tax return in 2015 and the return showed a tax liability $4,200. At the time of filing, March 15, 2015, Tungsten paid an additional $1,000 in Federal income taxes. How does the additional payment of $1,000 impact Tungsten's E & P?


A) Increase by $1,000 in 2014.
B) Increase by $1,000 in 2015.
C) Decrease by $1,000 in 2014.
D) Decrease by $1,000 in 2015.
E) None of the above.

F) B) and D)
G) D) and E)

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Canary Corporation has 5,000 shares of stock outstanding. It redeems in a qualifying stock redemption 1,200 shares for $475,000 at a time when it has paid-in capital of $300,000 and E & P of $1.5 million. What would be the charge to Canary's E & P as a result of the redemption?


A) $72,000.
B) $300,000.
C) $432,000.
D) $475,000.
E) None of the above.

F) None of the above
G) D) and E)

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Blue Corporation has a deficit in accumulated E & P of $300,000 and has current E & P of $225,000. On July 1, Blue distributes $250,000 to its sole shareholder, Sam, who has a basis in his stock of $52,500. As a result of the distribution, Sam has:


A) Dividend income of $225,000 and reduces his stock basis to $27,500.
B) Dividend income of $52,500 and reduces his stock basis to zero.
C) Dividend income of $225,000 and no adjustment to stock basis.
D) No dividend income, reduces his stock basis to zero, and has a capital gain of $250,000.
E) None of the above.

F) C) and E)
G) D) and E)

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When current E & P is positive and accumulated E & P has a deficit balance, the two accounts are netted for dividend determination purposes.

A) True
B) False

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An increase in the LIFO recapture amount must be added to taxable income to determine E & P.

A) True
B) False

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Grackle Corporation (E & P of $600,000) distributes cash of $200,000 and land (fair market value of $400,000; basis of $250,000) to a shareholder in a qualifying stock redemption. The land distributed is subject to a mortgage of $460,000. Grackle will recognize a gain of $210,000 as a result of the distribution.

A) True
B) False

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Distributions that are not dividends are a return of capital and decrease the shareholder's basis.

A) True
B) False

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Tanya is in the 33% tax bracket. She acquired 1,000 shares of stock in Swan Corporation seven years ago for $100 a share. In the current year, Swan Corporation (E & P of $1.2 million) redeems all of her shares for $160,000. What are the income tax consequences to Tanya if: a. The redemption qualifies for sale or exchange treatment, and Tanya has no other transactions in the current year involving capital assets? b. The redemption does not qualify for sale or exchange treatment?

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a. If the redemption qualifies for sale ...

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