All questions
Question 1
A corporation redeems all stock from a shareholder in a complete termination of interest. Under Section 302(b)(3), the tax treatment is:
- Ordinary dividend income to the extent of E&P.
- Capital loss if the redemption price is below the shareholder's basis.
- Sale or exchange treatment - the shareholder recognizes capital gain or loss equal to the difference between the amount received and the adjusted basis of the redeemed shares. (correct answer)
- Tax-free return of capital up to the shareholder's basis.
Explanation: Complete termination under Section 302(b)(3) qualifies as a sale or exchange - capital gain or loss treatment. Answer C is correct.
Question 2
A corporation distributes property with an FMV of $60,000 and adjusted basis of $40,000 to shareholders. The corporation must:
- Recognize no gain or loss since the property is distributed, not sold.
- Recognize a $20,000 ordinary loss on the distribution.
- Reduce its E&P by the adjusted basis of the distributed property.
- Recognize $20,000 of gain as if the property had been sold at FMV - corporations recognize gain (but not loss) on distributions of appreciated property. (correct answer)
Explanation: Under Section 311(b), corporations recognize gain on appreciated property distributions. The gain is $60,000 - $40,000 = $20,000. Answer D is correct.
Question 3
When a C corporation completely liquidates under Section 336, the corporation recognizes:
- No gain or loss - liquidating distributions are nonrecognition transactions.
- Only losses on depreciated property - gains are deferred.
- Gain or loss only on assets sold to third parties.
- Gain or loss on all assets as if each asset were sold at FMV - the corporation treats the liquidating distribution as a deemed sale of all assets. (correct answer)
Explanation: Under Section 336, the corporation recognizes gain or loss on all property distributed in complete liquidation as if sold at FMV. Answer D is correct.
Question 4
A non-liquidating property distribution creates what tax consequences for the distributing corporation?
- The corporation recognizes both gain and loss on distributed property.
- The corporation receives a deduction for the distributed property.
- The corporation recognizes gain but not loss on distributed property - gain is recognized as if sold at FMV under Section 311(b), but losses are not recognized under Section 311(a). (correct answer)
- No tax consequences at the corporate level.
Explanation: Section 311 provides asymmetrical treatment: gain on appreciated property is recognized but losses on depreciated property are not. Answer C is correct.
Question 5
A C corporation distributes appreciated property in redemption of a shareholder's stock. For the redeeming corporation, the tax consequences are:
- The corporation recognizes gain as if it had sold the property at FMV - the gain increases E&P, and E&P is then reduced by the net FMV of the property. (correct answer)
- The corporation recognizes gain only if the redemption qualifies as a sale.
- No gain or loss is recognized since the transaction is a redemption.
- The corporation recognizes a loss equal to the redemption amount minus the property's adjusted basis.
Explanation: Corporations recognize gain on property distributed in redemptions under Section 311(b). Answer A is correct.
Question 6
The E&P of a corporation is important because:
- It determines the corporation's deductible dividend payments to shareholders.
- It establishes the maximum dividends the corporation can declare.
- It measures the corporation's capacity to pay dividends out of earnings - only distributions from E&P are characterized as dividends; distributions in excess reduce shareholder basis or generate capital gain. (correct answer)
- It is required to be disclosed on the corporation's balance sheet under GAAP.
Explanation: E&P is the tax concept measuring a corporation's ability to pay dividends - it determines whether a distribution is a dividend, return of capital, or gain. Answer C is correct.
Question 7
A shareholder receives a distribution from a corporation treated as a return of capital. The effect on the shareholder is:
- The shareholder must recognize ordinary income equal to the return of capital.
- The shareholder's basis in the stock is reduced (but not below zero) - when basis reaches zero, further distributions are capital gain. (correct answer)
- The shareholder's holding period resets on the date of the distribution.
- The distribution is excludable from income permanently.
Explanation: Return of capital distributions reduce stock basis - once basis reaches zero, excess is capital gain. Answer B is correct.
Question 8
Which of the following best describes the ordering rule when a corporation has both current and accumulated E&P for purposes of characterizing a distribution?
- Current E&P is allocated to distributions made during the year first, on a pro-rata basis if there are multiple distributions; accumulated E&P applies to any remaining distribution that exceeds current E&P. (correct answer)
- Accumulated E&P is always used first, before current E&P.
- The corporation may elect which E&P account to draw from first.
- Current and accumulated E&P are combined and divided equally among all distributions made during the year.
Explanation: Current E&P is allocated pro-rata to distributions during the year; accumulated E&P covers any excess. Answer A is correct. Accumulated E&P is not used first (B). No election exists (C). Equal division (D) is not the rule.
Question 9
A partial liquidation under Section 302(b)(4) is treated as a sale or exchange. Partial liquidations occur when:
- The corporation redeems less than 100% of a shareholder's stock.
- The corporation distributes proceeds from the termination of a business or a genuine contraction of the corporation's business - limited to non-corporate shareholders. (correct answer)
- The corporation's assets decrease by more than 50% during the year.
- The corporation is in financial distress and must liquidate some assets.
Explanation: Partial liquidation requires a genuine contraction of the business and applies only to non-corporate shareholders. Answer B is correct.
Question 10
Under Section 302, a stock redemption is treated as a sale or exchange (capital gain/loss) rather than a dividend if:
- The redemption price exceeds the stock's fair market value.
- The shareholder reinvests the proceeds in another corporation within 60 days.
- The corporation has insufficient E&P to characterize the distribution as a dividend.
- The redemption meets one of four tests: substantially disproportionate, complete termination, not essentially equivalent to a dividend, or partial liquidation of a non-corporate shareholder. (correct answer)
Explanation: Section 302 provides four tests for sale/exchange treatment. Answer D is correct.
Question 11
The attribution rules under Section 318 are significant in stock redemption analysis because:
- They determine the fair market value of the redeemed shares.
- A shareholder may be treated as constructively owning stock held by family members, partnerships, corporations, or trusts - constructive ownership can prevent a redemption from qualifying for sale/exchange treatment. (correct answer)
- They determine the tax rate applicable to the redemption proceeds.
- They require that the redemption be reported on Form 1099-DIV.
Explanation: Attribution rules assign constructive ownership to the shareholder - a complete termination may still be treated as a dividend if the shareholder constructively owns significant stock after the redemption. Answer B is correct.
Question 12
A C corporation distributes $50,000 cash to a shareholder. The corporation has current E&P of $30,000 and accumulated E&P of $10,000. How much of the distribution is treated as a dividend?
- 40,000 - distributions are first characterized as dividends to the extent of current E&P (30,000) plus accumulated E&P ($10,000). (correct answer)
- $50,000 - the entire distribution is a dividend regardless of E&P.
- $30,000 - only current E&P determines dividend treatment.
- $10,000 - only accumulated E&P is available for dividends.
Explanation: Distributions are dividends to the extent of E&P - current (30,000)plusaccumulated(10,000) = $40,000 dividend; remaining $10,000 is return of capital then capital gain. Answer A is correct. Question 13
A shareholder receives a corporate distribution of $20,000 when the corporation has no E&P and the shareholder's basis is $15,000. The tax treatment is:
- $20,000 ordinary income since all distributions are taxable.
- $20,000 capital gain since the distribution exceeds the shareholder's basis.
- $15,000 return of capital (reducing basis to zero), and $5,000 capital gain. (correct answer)
- $15,000 ordinary income and $5,000 capital gain.
Explanation: Without E&P, the distribution reduces basis (15,000)andanyexcess(5,000) is capital gain. Answer C is correct. Question 14
Qualified dividends received by individual taxpayers are taxed at:
- Ordinary income rates (up to 37%).
- Preferential rates of 0%, 15%, or 20% depending on the taxpayer's taxable income - the same rates as long-term capital gains. (correct answer)
- A flat 15% rate for all taxpayers.
- The corporate tax rate of 21%.
Explanation: Qualified dividends are taxed at long-term capital gain rates (0%, 15%, or 20%). Answer B is correct.
Question 15
Following a property distribution, the distributing corporation's E&P is adjusted by:
- For appreciated property, E&P is first increased by the gain recognized under Section 311(b), then reduced by the net FMV of the distributed property (FMV minus liabilities assumed by the shareholder) under Section 312; for property distributed at or below basis, E&P is reduced by the adjusted basis (not FMV). (correct answer)
- Reducing E&P by the adjusted basis of the distributed property.
- Increasing E&P by the gain recognized on the distribution.
- No E&P adjustment is needed for property distributions.
Explanation: Under Section 312, the E&P adjustment for a property distribution involves two steps when the property is appreciated: (1) E&P is increased by the gain recognized under Section 311(b) (the corporation recognizes gain as if it sold the property at FMV); then (2) E&P is reduced by the net FMV of the distributed property (FMV minus any liabilities the shareholder assumes). If the property is not appreciated (distributed at or below adjusted basis), E&P is reduced by the adjusted basis rather than FMV. Answer A is correct. Reducing E&P by adjusted basis alone (B) does not capture the net FMV rule for appreciated property. Increasing E&P by the gain recognized (C) is only one step of the two-step adjustment. No adjustment (D) is incorrect.
Question 16
A stock dividend distributed by a corporation is generally:
- Taxable to shareholders at the FMV of the stock received.
- Taxable only if the shareholder has a choice to receive cash or stock.
- Tax-free to shareholders when the dividend is pro-rata and does not change proportionate interests in the corporation. (correct answer)
- Taxable at the preferential qualified dividend rate.
Explanation: A pro-rata stock dividend is generally tax-free since proportionate interests don't change. Answer C is correct.
Question 17
The excess of a distribution over E&P is treated as:
- Ordinary income to the shareholder.
- A capital gain automatically.
- Tax-exempt income.
- A return of capital reducing the shareholder's stock basis - if the distribution exceeds basis, the excess is capital gain. (correct answer)
Explanation: Distributions exceeding E&P first reduce basis (tax-free return of capital), and any amount exceeding basis is capital gain. Answer D is correct.
Question 18
A corporation has current E&P of negative $20,000 and accumulated E&P of positive $50,000. It distributes $40,000 to a shareholder. The dividend amount is:
- 30,000 - accumulated E&P (50,000) reduced by the current year deficit ($20,000) = $30,000 net E&P. (correct answer)
- $40,000 - distributions are dividends up to the amount distributed.
- $50,000 - accumulated E&P determines dividend amount.
- $0 - current year losses eliminate all dividend treatment.
Explanation: Net available E&P = $50,000 - $20,000 = $30,000. The $40,000 distribution is $30,000 dividend and $10,000 return of capital. Answer A is correct.
Question 19
When a corporation redeems stock from a shareholder and the redemption fails to qualify as a sale under Section 302, the amount received is:
- Treated as a sale with capital gain/loss regardless of E&P.
- Tax-free to the extent of the shareholder's basis.
- Treated as a dividend to the extent of E&P, then return of capital reducing basis, then capital gain. (correct answer)
- Subject to the accumulated earnings tax.
Explanation: A failed redemption is treated as a regular distribution - dividend to the extent of E&P, then return of capital, then capital gain. Answer C is correct.
Question 20
In a complete corporate liquidation under Section 331, shareholders recognize:
- Ordinary income equal to the FMV of assets received.
- Capital gain or loss - the amount received is treated as full payment for stock, with gain or loss measured against the stock's adjusted basis. (correct answer)
- Tax-free income since liquidating distributions are a return of investment.
- Dividend income to the extent of accumulated E&P.
Explanation: Section 331 treats liquidating distributions as full payment for stock - capital gain or loss. Answer B is correct.