Corporate Partnership and Gift Taxation.docx

Corporate Partnership and Gift Taxation Income Taxation of Corporations True or False ________ 1. The proprietorship uses gross ordinary income as the basis for calculating any self-employment tax due. ________ 2. In contrast to a regular corporation, an S corporation's pass-through of income and deductions to its shareholders allows it to avoid double taxation of the same source of income. ________ 3. In transactions between the partners and the partnership, the parties are generally treated like unrelated parties. ________ 4. Section 11 of the Code imposes a tax on all corporations, including nonprofit organizations. ________ 5. A corporation is an artificial "person" created by Federal law. ________ 6. If an individual taxpayer creates a legal corporation under state law, the government (i.e., the IRS) cannot disregard the entity and tax the individual taxpayer on the income. ________ 7. Although recognized as partnerships under state law, certain partnerships are treated and taxed as corporations for Federal income tax purposes. ________ 8. All bad debts of a corporation are treated as business rather than nonbusiness bad debts. ________ 9. A corporation is allowed a dividends-received deduction only if the corporation is a member of an affiliated group and the dividends are received from another member of the same group. ________ 10. In computing a corporation's limitation on the dividends-received deduction, its taxable income is determined without the deductions for dividends received, net operating loss carryovers, and capital loss carrybacks. ________ 11. Where a dividends-received deduction adds to or creates a net operating loss, the taxable income limitation decreases from 70 percent to 34 percent. ________ 12. At its election, a corporation can either deduct all organizational costs paid during the current year or amortize the expenditures over a period not less than 180 months. ________ 13. Because organizational costs are assets with indefinite lives (i.e., they have value for the life of the corporation), they may not be expensed or amortized. ________ 14. Organizational expenses incurred by an accrual basis corporation in its first year of existence but paid in a later year will not qualify for amortization. ________ 15. If an accrual basis corporation incurs an additional expense in setting up its accounting system after the close of its first tax year but before the due date of its initial return, the expense qualifies as an organizational expense and may be amortized. ________ 16. A corporation is not allowed a dividends-received deduction in computing its net operating loss for any given year. ________ 17. A corporation's annual charitable contribution deduction is limited to 10 percent of its taxable income without reduction for charitable contributions, the dividends-received deduction, net operating loss carrybacks, and capital loss carrybacks. ________ 18. In planning for its annual charitable contributions, a corporation should take into account any net operating loss or capital loss carryforwards since such items reduce the corporation's taxable income base for purposes of the annual deduction limitation. ________ 19. Unlike individuals, corporations with excess capital losses in the current year are allowed to carry these losses back five years and forward three years to offset capital gains in the carryback or carryforward years. ________ 20. A corporation may be required to recapture (as ordinary income) a greater portion of its gain on the sale of depreciable real property than would an individual taxpayer. ________ 21. An accrual basis corporation must use the cash method in claiming deductions for amounts paid to its cash basis sole shareholder. ________ 22. The 2012 Federal income tax rate for a calendar year corporation with taxable income of $335,000 up to $10 million is 34 percent. ________ 23. Corporation A is equally owned by 10 unrelated individual shareholders. Corporation B is 100 percent owned by one of the shareholders that owns stock of Corporation A. As a result of this common stock ownership, Corporations A and B are members of a brother-sister controlled group. ________ 24. A personal service corporation with taxable income of $10,000 for its 2012 calendar year will have a regular Federal income tax liability of $3,500 before credits or prepayments. ________ 25. A corporation with alternative minimum taxable income of $20,000 will be subject to an alternative minimum tax of $4,000. Multiple Choice ________ 26. Which of the following is not true? a. Because all activities of a corporation are considered to be business activities, a corporation cannot have a nonbusiness bad debt. b. The proprietorship, partnership, and S corporation pass through to individuals, partners, and shareholders all items of income, deduction, gain, loss, or credit for Federal income tax purposes. c. Unlike individuals, a corporation's charitable deduction is limited to 10 percent of taxable income figured before certain deductions. d. A corporation is allowed to deduct 70 percent of dividends paid to shareholders provided that it is a taxable domestic corporation. e. By making a proper election on its tax return for the year of the loss, a corporation may forgo the two-year carryback and, instead, carry its net operating loss forward up to 20 years. ________ 27. Which of the following is not a corporate characteristic? a. Free transferability b. Ability to sue and be sued c. Continuity of life d. Centralized management e. Limited liability ________ 28. Which of the following is treated the same for individuals and corporations? a. Depreciation recapture b. Charitable contributions c. Capital losses d. Depreciation e. Bad debts ________ 29. R Corporation had 2012 gross income of $200,000, including $100,000 of dividends received from a less than 20 percent owned taxable domestic corporation. R had deductible business expenses of $110,000 before considering its dividends-received deduction. What is R Corporation's dividends-received deduction for 2012, assuming no restrictions other than the taxable income limitation may apply? a. $63,000 b. $68,000 c. $70,000 d. $80,000 e. $100,000 ________ 30. For its taxable year ending December 31, 2012, T Corporation has the following taxable income and deductible expenses: Gross income from operations $205,000 Deductible expenses of operations 218,000 Dividends received 35,000 The dividends were received from a taxable domestic corporation in which T owns 15 percent of the stock (not debt-financed). What is T Corporation's dividends-received deduction for 2012? a. $0 b. $15,400 c. $21,000 d. $24,500 e. $35,000 ________ 31. Corporations A, B, and C are taxable domestic corporations. All are members of an affiliated group. Corporation A pays a $50,000 dividend to B and a $50,000 dividend to C. Corporations B and C are each entitled to a dividends-received deduction of a. $35,000 b. $40,000, subject to the taxable income limitation c. $50,000 d. $0 e. None of the above ________ 32. New Corporation was organized and began active business on January 7, 2012. New incurred the following expenses in connection with opening the business: Legal fees for drafting the charter and bylaws $ 750 Legal fees for the transfer of the ownership titles of assets from shareholders to the corporation 100 State incorporation fees 250 Printing cost for stock certificates 175 Fees paid to temporary directors for first two organization meetings 300 Accounting fees to set up initial recordkeeping system 400 Total $1,975 Assuming New Corporation adopts a calendar year for tax purposes, what is the maximum amount of organizational expenses that may be deducted on the corporation's initial tax return? a. $0 b. $ c. $1,800 d. $1,975 ________ 33. A newly formed corporation elected to use a fiscal year ending June 30. On July 17, 2012, the corporation began business and incurred $8,000 of qualified organizational expenses. Assuming that the corporation properly elected to deduct/amortize these costs, what is the amount of organization expenses that it should deduct on its tax return for the fiscal year ending June 30, 2012. a. $0 b. $533 c. $5,000 d. $5,200 ________ 34. X Corporation, which files its tax return on a cash basis, incurred organizational costs (not to a related party) of $5,000 during its first year. $1,875 of these expenses were paid in the fourth month after the close of its taxable year. What is the maximum deduction the corporation is entitled to claim on its first tax return if that tax return is for a period of 1½ months and a proper election is made? a. $0, because organizational costs have an indefinite life b. $200 c. $3,125 d. $5,000 ________ 35. The charitable deduction for a corporation is limited both by type of property contributed and an annual maximum amount. Which of the following is a false statement? a. An accrual basis corporation may deduct contributions authorized during the tax year but actually paid within two and one-half months after the close of the tax year. b. The annual maximum amount of charitable deduction for a corporation is 10 percent of taxable income calculated before certain deductions. c. Generally, a corporation is allowed a deduction for the fair market value of capital gain and ordinary income property. d. In certain cases where a corporation donates capital gain property, the allowable deduction is limited to the fair market value, reduced by the amount of unrealized appreciation (i.e., the deduction is limited to the property's adjusted basis). ________ 36. Which one of the following statements is true for a regular corporation? a. Charitable contributions in excess of the 10 percent limitation may be carried over to subsequent years indefinitely. b. A contribution carryover is allowed as a deduction even if it increases a net operating loss. c. Charitable contributions in excess of the 10 percent limitation may, subject to limitations, be carried back to each of the preceding three years. d. Charitable contributions in excess of the 10 percent limitation may, subject to limitations, be carried over to each of the following five years. e. Subject to the 10 percent limitation, a carryover of excess contributions is used before the contributions made in the carryover year. ________ 37. T Corporation's taxable income for 2012 was $100,000, computed by erroneously deducting the corporation's total charitable contributions of $12,000. The correct contribution deduction for T Corporation is a. $6,000 b. $8,800 c. $10,000 d. $11,200 e. $12,000 ________ 38. During its first year of operation, K Corporation had a gross profit from operations of $180,000 and deductions of $250,000 before considering its dividend income or dividends-received deduction. K received dividends of $50,000 from a taxable domestic corporation in which K owned 4.5 percent of the stock. Assuming its ownership of the dividend-paying corporation's stock is not debt financed, what is K Corporation's net operating loss for the year? a. $20,000 b. $49,000 c. $55,000 d. $65,000 e. $70,000 ________ 39. Z Corporation had 2012 taxable income of $600,000 before considering the following: Gain on the sale of equipment $15,000 Loss on the sale of equipment (29,000) Gain on the sale of land used in the business 70,000 Loss on the sale of investment held five months (5,000) Loss on the sale of investment held two years (18,000) The equipment sold at a gain originally cost $150,000, and $90,000 of depreciation had been claimed. What is Z Corporation's taxable income for 2012? a. $618,000 b. $633,000 c. $647,000 d. $671,000 e. $685,000 ________ 40. Which of the following is different for corporations than it is for individuals? a. The definition of capital asset b. The determination of holding period for capital assets c. The capital gain and loss netting process d. The treatment of capital loss carryovers ________ 41. T Corporation sold a commercial building for $200,000 on January 2, 2012 (purchased for $150,000 on December 16, 2007). The building was depreciated using the straight-line method, and depreciation in the amount of $20,000 has been taken. The amount and nature of the gain upon sale is a. $70,000 §1231 gain b. $50,000 § 1231 gain and $20,000 ordinary income c. $66,000 § 1231 gain and $4,000 ordinary income d. $70,000 ordinary income e. None of the above ________ 42. J is a 60 percent shareholder in the JS Corporation. In 2009, he sold property to the corporation for $60,000 (basis in his hands of $70,000). In 2012, the corporation sold the property for $65,000 to an unrelated party. The amount of gain or loss the JS Corporation must recognize in 2012 is a. $(5,000) b. $0 c. $5,000 d. $10,000 ________ 43. Which of the following is a false statement regarding transactions between corporations and their shareholders? a. Corporations are not allowed to deduct a loss incurred in a transaction between related parties. b. A shareholder owning 50 percent of a corporation's outstanding stock is a related party according to the general rule. c. In the case of a personal service corporation, any employer-owner that owns any of the corporation's stock is a related party under certain conditions. d. The sale of property at a gain between a corporation and its controlling shareholders is not affected by the related parties rules. ________ 44. Z Corporation's 2012 calendar year taxable income is $2,000,000. The corporation's 2012 Federal income tax liability before credits and prepayments is a. $680,000 b. $769,460 c. $899,740 d. $920,000 e. $1,020,000 ________ 45. A regular corporation and a personal service corporation each have taxable income of $20,000 for the 2012 calendar year. Ignoring the alternative minimum tax provisions, which one of the following statements is true regarding the Federal income tax liabilities of these two corporations? a. Both corporations will have the same tax liability before credits or prepayments. b. The regular corporation will have a slightly lower tax liability before credits or prepayments. c. The personal service corporation will have a slightly lower tax liability before credits or prepayments. d. The regular corporation's tax liability will be exactly $2,000 less than the tax liability of the personal service corporation. e. The regular corporation's tax liability will be less than half that of the personal service corporation. ________ 46. The principal activity of several corporations is shown below. Which of the following could not be classified as a personal service corporation? a. Engineering b. Actuarial science c. Performing arts d. Manufacture of personal computers e. Veterinary medicine ________ 47. Two personal service corporations (PSCs) are properly determined to be a brother-sister controlled group. Corporation A has taxable income of $75,000, and Corporation B has a loss of $50,000. Which of the following is a true statement? a. Corporation A may owe $13,750 in Federal income taxes before credits, depending on lower tax rate bracket allocation. b. Corporations A and B are permitted to allocate the use of the lower tax rates in any manner they so elect, provided that both A and B agree to the allocation. c. The corporations will pay a combined tax on the first $25,000 of taxable income at 15 percent, or $3,750. d. Corporation A will owe $26,250 in taxes before credits. e. Both a. and b. ________ 48. A brother-sister controlled group consists of two or more corporations connected through the stock ownership of certain types of shareholders, including a. Regular corporations, but not S corporations b. S corporations, but not regular corporations c. Individuals and estates, but not trusts d. Individuals, estates, or trusts e. Regular or S personal service corporations ________ 49. Two or more corporations owned by five or fewer noncorporate shareholders, who collectively own more than 50 percent of the stock of each corporation, would best describe a. Brother-sister controlled group b. Association c. S corporation pending proper election d. Parent-subsidiary controlled group e. Controlled group ________ 50. Which of the following statements about the corporate alternative minimum tax is false? a. Generally, the tax is computed at a 20 percent rate on alternative minimum taxable income (AMTI) in excess of $40,000. b. Alternative minimum tax (AMT) liability exists only if the corporation's tentative AMT (reduced by allowable credits) exceeds its regular tax liability for the year. The difference is called the AMT. c. AMT adjustments simply reflect timing differences between allowed deductions and gain recognition reporting methods for regular tax purposes and for AMT purposes. d. AMT preference items act only to increase tentative AMTI. e. The $40,000 exemption is reduced by 25 percent of the amount of AMTI in excess of $150,000 and is completely phased out for AMT in excess of $250,000. ________ 51. B Corporation reported taxable income in 2012 of $1 million. Additional information concerning B's 2012 tax return is as follows: Alternative minimum taxable income (without regard to the ACE adjustment item) $1.2 million Adjusted current earnings (ACE) 2.0 million B Corporation's alternative minimum tax for 2012 is a. $20,000 b. $240,000 c. $320,000 d. None of the above ________ 52. Which of the corporations below are required to use the accrual method of accounting for tax purposes? a. Corporations with average annual gross receipts of $5 million or less in all prior taxable years. b. Corporations with average annual gross receipts of $5 million or more in all prior taxable years. c. S corporations. d. Personal service corporations. e. Choices a., c., and d. above, but not b. ________ 53. Which of the following statements is not true? a. A corporation is generally allowed to choose either a calendar year or fiscal year for its reporting period. b. A personal service corporation must use a fiscal year unless it can satisfy IRS requirements that there is a business purpose for a calendar year. c. S corporations must generally use a calendar year. d. Because corporations are "persons" only in the legal sense of the word, they are not entitled to the earned income credit. e. None; all are true. ________ 54. Which of the following is a positive adjustment to income per books on Schedule M-1 of Form 1120? a. Proceeds of key person life insurance b. Excess of capital losses over capital gains c. Excess of tax depreciation over book depreciation d. Tax-exempt interest ________ 55. Which of the following is not true of Schedule M-2 of the corporate tax return (Form 1120)? a. This schedule reconciles opening and closing retained earnings. b. This schedule uses tax rather than accounting data. c. Retained earnings will be increased by net book income and decreased by dividends. d. Both a. and b. are not true. e. None of the above; all are true. ________ 56. A calendar year corporation is required to file its Federal tax return by a. March 15 b. April 15 c. May 15 d. June 15 e. none of the above ________ 57. Which of the following is not true concerning the obligation of a corporation to make estimated tax payments? a. The estimates are due the 15th day of the 4th, 6th, 9th, and 12th months of the tax year. b. One-fourth of the estimated tax due is to be paid on each payment date. c. Generally, unless each payment is for 25 percent or more of the tax (after credits) shown on Form 1120, an underpayment penalty will be imposed. d. A corporation whose tax liability for the year is less than $500 is not subject to the underpayment penalty. e. None; all are true. ________ 58. Which of the following is not true for purposes of the corporate estimated tax payments? a. A "large" corporation is one with taxable income of $1 million or more in any of the three preceding taxable years. b. All timely paid estimated tax installments for a "large" corporation will avoid a penalty if they are for 25 percent of the tax shown on the prior year's return if it was for a period of 12 months and showed a tax liability. c. Both "small" and "large" corporations can use the annualized income exception. d. None; all are true. ________ 59. Large Corporation, with over $1 million in taxable income for each of the last several years, paid estimated tax payments of $30,000 each quarter for the current year. The actual tax liability for the current year is $160,000; last year's tax liability was $145,000. Income is earned evenly throughout the year. What is the quarterly amount that may be subject to the underestimation penalty? a. There is no underpayment amount subject to penalty. b. $6,250 c. $10,000 d. $40,000 ________ 60. X Corporation determines it cannot meet the filing deadline for Form 1120 (U.S. Corporation Income Tax Return) and files an extension on Form 7004. Which of the following is not true? a. The corporation claims an automatic six-month extension of time to file the tax return and to pay the tax due. b. With permission of the IRS, corporations may be granted an additional three-month extension to submit Form 1120. c. The corporation extension (Form 7004) must be filed on or before the 15th day of the 3rd month following the close of the taxable year. d. None; all are true. 1 Income Taxation of Corporations Solutions True or False False. Net ordinary income is the basis for calculating any self-employment tax due for a proprietorship (Seep. 1-2.) True. The tax return of the S corporation is generally a reporting vehicle that details the distribution of the income and expenses to the shareholders. Tax liability is determined at the shareholder level. (See pp. 1-3 and 1-4.) True. The partners and the partnership are generally treated as unrelated. Remember that tax liability is determined at the partner level. (See p. 1-3.) True. Although § 11 requires all corporations to pay tax, other provisions in the law specifically exempt certain types of corporations from taxation. [See p. 1-4 and § 882(a).] False. Corporations are formed under state law. (See p. 1-4.) False. It is the Internal Revenue Code that will be applied in determining the status of an entity for tax purposes. (See p. 1-6 and Reg. § 301.7701-2.) True. Unless specifically exempted from the rule, a publicly traded partnership organized after December 17, 1987 will be treated and taxed as a corporation. (See pp. 1-5 and 1-6.) True. Because all activities of a corporation are considered business activities, all bad debts are considered to be business bad debts. (See p. 1-8 and § 166.) False. A corporation is allowed a dividends-received deduction whether or not it is a member of an affiliated group, provided it receives the dividends from a qualifying domestic corporation. (See p. 1-8.) True. The 70 percent dividends-received deduction may not exceed 70 percent of the corporation's taxable income as defined in § 246(b). (See Exhibit 1-3, Examples 4 through 6, and pp. 1-8 through 1-13.) False. There is no taxable income limitation where a dividends-received deduction adds to or creates a net operating loss. [See Exhibit 1-3, Examples 6 and 14, pp. 1-11 and 1-15, and § 246(b)(2).] False. In general, organizational expenses of a corporation may not be deducted in full in the corporation's first tax year. However, a corporation may elect to deduct organizational costs in a special way—$5,000 during the first tax year with the remainder amortized over 180 months. Thus, only those corporations with expenses of $5,000 or less can expense the full amount in the current tax year. Note that the $5,000 amount is subject to a phase-out when organizational expenses exceed $50,000. (See pp. 1-13 and 1-14.) False. In general, organizational expenses of a corporation may not be deducted in full in the corporation's first tax year. However, a corporation may elect to deduct organizational costs in a special way—$5,000 during the first tax year with the remainder amortized over 180 months. Thus, only those corporations with expenses of $5,000 or less can expense the full amount in the current tax year. Note that the $5,000 amount is subject to a phase-out when organizational expenses exceed $50,000. (See p. 1-13 and § 248.) False. Neither the taxable year of actual payment nor the corporation's method of accounting (i.e., cash or accrual) affect the qualification of organizational expenses. As long as the expenses are incurred during the corporation's first tax year, they qualify for amortization. (See p. 1-13 and § 248.) False. Whether the corporation is a cash basis or accrual basis taxpayer is irrelevant. Only those organizational expenses incurred by the corporation before the end of its first taxable year will qualify for §248. (Seep. 1-13 and §248.) False. In computing a corporation's net operating loss for any given year, the dividends-received deduction is not limited to taxable income. Thus, the dividends-received deduction can create or increase a corporation's net operating loss for any given year. [See Exhibit 1-3, Examples 6 and 14, pp. 1-11 and 1-15, and §246(b)(2).] True. The annual limitation is 10 percent of taxable income determined without reduction for charitable contributions, the dividends-received deduction, net operating loss carrybacks, and capital loss carrybacks. [See pp. 1-16 through 1-18 and § 170(b)(2).] True. Only net operating loss and capital loss carrybacks are ignored in computing a corporation's taxable income base for purposes of the annual limitation. (See p. 1-17.) False. The carryback period is three years and the carryforward period is five years. (See Example 20 and pp. 1-19 and 1-20.) True. A corporation must treat as ordinary income 20 percent of any § 1231 gain that would have been ordinary income if § 1245 rather than § 1250 applied to the sale of certain depreciable realty. (See Example 21, pp. 1-20 and 1-21, and §291.) True. [See p. 1-21 and § 267(a)(2).] True. A regular corporation is subject to a 5 percent surtax on all income in excess of $100,000 until the benefit of the graduated corporate income tax rate structure is eliminated. The elimination of the benefits of the lower corporate tax rates occurs when taxable income exceeds $335,000 (up to $10 million, at which point the marginal rate increases to 35 percent). (See Example 24 and pp. 1-22 and 1-23.) False. Because only one of the shareholders of Corporation A owns stock in both corporations, the total lowest identical ownership is only 10%. Therefore, a brother-sister controlled group does not exist. (See Examples 28 and 29 and pp. 1-25 through 1-27.) True. A personal service corporation (PSC) is not allowed to use the graduated corporate tax rates. Instead, a PSC is subject to a flat tax rate of 35 percent, and its tax liability before credits or prepayments would be $3,500 ($10,000 taxable income × 35%). (See p. 1-23.) False. A corporation is subject to the AMT only to the extent it exceeds the corporation's regular tax. More importantly here, because a corporation is entitled to a $40,000 exemption, this corporation would not be subject to the AMT. (See Exhibit 1-8 and pp. 1-28 and 1-29.) Multiple Choice 26. d. While a corporation is allowed to deduct a portion of qualifying dividends received from taxable domestic corporations, there currently is no deduction for dividends paid to shareholders. (See p. 1-8.) b. The ability to sue or be sued is not one of the corporate characteristics. (See p. 1-5.) d. Corporations and individuals are subject to the same rules regarding depreciation deductions. Corporations are subject to the possibility of additional depreciation recapture (i.e., § 291), while individuals are not. Corporations are more limited in their charitable contribution deductions than individuals, and corporations are not allowed to deduct capital losses against ordinary income (i.e., a capital loss deduction). Finally, all bad debts of a corporation are considered to be business bad debts. [See Examples 15 through 21, pp. 1-16 through 1-21, and §§ 291 and 170(b)(2).] 29. a. The corporation's dividends received deduction is computed as follows: Gross income $200,000 Business expenses (110,000) Taxable income before dividends received deduction $90,000 Lower of this taxable income, or $ 100,000 qualifying dividends $90,000 × 70% Dividends-received deduction $63,000 (See Exhibit 1-3, Example 4, and pp. 1-8 through 1-13.) 30. d. The 70 percent dividends-received deduction under § 243(a) results in a deduction of $24,500 ($35,000 qualifying dividends × 70%), but § 246(b)(1) limits the deduction to 70 percent of taxable income computed without the dividends-received deduction [i.e., $15,400 (70% × $22,000)] unless the taxpayer has a net operating loss before the deduction, or will have a net operating loss as a result of the regular § 243(a) deduction. This is the case here ($205,000 + $35,000 – $218,000 = $22,000 net income – $24,500 § 243(a) deduction = $2,500 NOL). (See Exhibit 1-3, Example 6, and pp. 1-8 through 1-13.) 31. c. Members of an affiliated group are allowed to deduct 100 percent of the dividends that are received from another member of the same group. A group of organizations is considered affiliated when at least 80 percent of the stock of each corporation is owned by other members of the group. [See p. 1-8 and §§ 243(a)(3), 243(b)(5), and 1504.] 32. c. All of the expenses except the printing cost for stock certificates qualify as organizational expenses ($750 + $100 + $250 + $300 + $400 = $1,800 total). If New Corporation makes the election on a timely filed return (plus extensions), it will be allowed to deduct the full amount in 2012. (See Example 11 and pp. 1-13 and 1-14.) 33. d. Because the fiscal year ending June 30, 2013 has 12 full months, the allowed deduction is $5,200 [$5,000 + $200 ($3,000/180 = $16.67 per month × 12 months)]. (See Example 12 and pp. 1-13 and 1-14.) 34. d. Neither the taxable year of the actual payment nor the corporation's method of accounting affect the calculation. (See Example 11, and pp. 1-13 and 1-14.) 35. c. The charitable deductions for ordinary income property generally may not exceed the corporation's basis in the property. (See pp. 1-16 and 1-17.) 36. d. Excess charitable contributions may be carried over to each of the succeeding five years, subject to certain limitations. Since (1) the carryover period is limited to five years, (2) a charitable contribution deduction is allowed only if the corporation has taxable income, (3) excess contributions cannot be carried back, and (4) contributions made in the carryover year must be deducted before considering any carryovers, only answer d is true. (See Examples 18 and 19 and pp. 1-17 and 1-18.) 37. d. Because the charitable contributions were erroneously deducted in full to arrive at an incorrect taxable income number of $100,000, the first thing that must be done is to add back the $12,000 of deductions. Thus, taxable income before the charitable contribution deduction is correctly $112,000. T Corporation's correct contribution deduction, therefore, is limited to $11,200 [($100,000 + $12,000 = $112,000 correct taxable income before deduction) × 10%]. The remaining $800 of charitable contributions must be carried forward. (See Examples 18 and 19 and pp. 1-17 and 1-18.) 38. c. K Corporation's net operating loss is $55,000, computed as follows: Gross profit from operations $180,000 Dividends received + 50,000 Gross income $230,000 Less: Ordinary deductions (250,000) Dividends received deduction ($50,000 × 70%) (35,000) Net operating loss $(55,000) *Recall that a corporation's dividends-received deduction is not subject to the taxable income limitation if it adds to, or creates, a net operating loss for the year. (See Exhibit 1-3, Example 14, and p. 1-15.) 39. b. Z Corporation's taxable income is $633,000, computed as follows: Taxable income before capital and § 1231 gains and losses $600,000 § 1245 depreciation recapture from gain on sale of equipment treated as ordinary income + 15,000 §1231 gains and losses: Gain on sale of land $70,000 Less: Loss on sale of equipment (29,000) Net §1231 gain treated as long-term capital gain $41,000 Long-term capital loss (18,000) Net long-term capital gain $23,000 Less: Short-term capital loss (5,000) Net capital gain + 18,000 Taxable income $633,000 (See pp. 1-18 and 1-19.) d. Unlike individuals, corporations must treat all capital loss carryovers as short-term losses. (See p. 1-19.) c. Gain upon sale is calculated as follows: Sales price $200,000 Less: Cost $150,000 (Depreciation taken) (20,000) Adjusted basis (130,000) Gain $ 70,000 Under § 1250, there is no depreciation recapture. If § 1245 depreciation recapture applied to this sale, gain would be ordinary income to the extent of depreciation taken ($20,000), and the remainder would be taxed as § 1231 gain ($50,000). The § 291 depreciation recapture calculation is Amount that would be treated as ordinary income under § 1245 $20,000 Less: Amount that would be treated as ordinary income under § 1250 ( 0) Equals: Difference between recapture amounts $20,000 Times: Rate specified in § 291 × 20% Equals: Amount treated as ordinary income $ 4,000 Therefore, of the $70,000 total gain, $4,000 is ordinary and the remainder ($66,000) is § 1231 gain. (See Example 21 and pp. 1-20 and 1-21.) 42. b. Under § 267, J was not allowed to recognize his loss of $10,000 in 2009 (J was a greater than 50% shareholder in the JS Corporation). This loss may be carried over and used to offset gain when the related party sells the property in a taxable transaction to an unrelated party. Therefore, the corporation's realized gain of $5,000 ($65,000 sales price less its $60,000 basis) is not recognized. Note, however, that the suspended loss may not be used to create a recognized loss in the hands of the corporation. As a result, $5,000 of the loss disappears. (See p. 1-21.) 43. b. With respect to the matching of income and deduction, a related party is any person owning directly or indirectly more than 50 percent of the corporation's outstanding stock. (See pp. 1-21 and 1-22.) 44. a. The correct amount is $680,000 ($2,000,000 × 34%). Because Z Corporation's taxable income exceeds $335,000, it is taxed at the flat rate of 34 percent. (See Example 24 and pp. 1-22 and 1-23.) 45. e. A regular corporation's tax on $20,000 of taxable income will be $3,000 ($20,000 × 15%). A personal service corporation (PSC) is not allowed to use the lower corporate tax rates. Instead, a PSC is subject to a flat rate of 35 percent. Consequently, the PSC's tax on $20,000 of income will be $7,000 ($20,000 × 35%). (Seep. 1-23.) 46. d. The manufacture of personal computers is not specifically included in the definition of a personal service corporation. [See p. 1-23 and § 448(d)(2).] 47. d. Congress denied the benefits of the lower tax rates to personal service corporations for taxable years after 1987 (Revenue Act of 1987). As a result, the taxable income of a PSC is subject to a flat rate of 35 percent. [Seep. 1-23 and § 11(b)(2).] 48. d. A brother-sister controlled group consists of two or more corporations connected through the stock ownership of certain noncorporate shareholders—individuals, estates, or trusts. (See p. 1-25.) a. This is a description of the brother-sister type of controlled group. [See p. 1-25 and § 1563(a).] e. The phaseout of the $40,000 exemption occurs at $310,000, not at $250,000. $40,000 – 25% = $160,000; $160,000 + $150,000 = $310,000. [See pp. 1-28 through 1-33 and § 55(d)(3)(A).] 51. a. First, calculate the adjusted current earnings (ACE) adjustment. This is $600,000 [($2 million ACE less $1.2 million AMTI) × 75%]. This results in AMTI of $1.8 million ($1.2 million tentative AMTI + $600,000). Then calculate the tentative AMT. This equals $360,000 ($1.8 million × 20% AMT rate). Note that the exemption is fully phased out when AMTI exceeds $310,000. Finally, calculate the regular tax of $340,000 ($1 million taxable income × 34% rate). Because the tentative AMT exceeds the regular tax, the AMT is $20,000 ($360,000 – $340,000). (See Example 35 and p. 1-32.) 52. b. Answers a, c, and d are the three basic exceptions to the general rule that denies the use of the cash method of accounting for tax purposes to most corporations. (See p. 1-33.) 53. b. A personal service corporation must use a calendar year unless it can satisfy IRS requirements that there is a business purpose for a fiscal year. [See p. 1-33, and § 441(I).] 54. b. Net capital losses are not currently deductible for Federal income tax purposes. The other items are all subtractions from income per books. (See Example 37 and pp. 1-34 and 1-35.) 55. b. Schedule M-2 reconciles book opening and closing retained earnings—using accounting rather than tax data. (See Example 39, and p. 1-37.) a. The corporate taxpayer is required to file its tax return by March 15. [See p. 1-41 and § 6072(b).] e. All are true statements concerning the obligation of a corporation to make estimated tax payments. (See pp. 1-41 and 1-42.) 58. b. A "large" corporation is not allowed to use this exception except for its first installment of the taxable year. (Seep. 1-42.) 59. c. Large Corporation was required to pay $40,000 each quarter ($160,000/4 quarters × 100%). Because Large paid only $30,000 each quarter, the quarterly underpayment is $10,000. Large may not, except for its first quarterly installment, base its payments on last year's tax liability (it is a "large" corporation) and may not use the annualization method (income is earned evenly). (See Example 41 on p. 1-42.) 60. a. Form 7004 allows a corporation a six-month extension of time to file—not of time to pay the tax. Any tax balance due must be paid with the extension. (See p. 1-41.)