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Tax Memo Answers

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C:11-58 a. E&P, January 1 $155,000 Current year taxable income before distribution $40,000

Capital gain on distribution of land* 30,000

Minus: Federal income taxes [$7,500 + (0.25 x $20,000)] (12,500) 57,500

E&P before distribution $212,500

Minus: Cash distribution (100,000) Property distribution (100,000) E&P, December 31 $ 12,500 *E&P and tax gains are the same.

Both distributions are fully taxable as dividends to Jeff and John in the amount of $100,000 each. John takes a $100,000 FMV basis in the land he receives.

b. AAA, January 1 $125,000 Current year ordinary income $40,000 Capital gain on distribution of land 30,000 70,000 AAA before distribution $195,000 Minus: Cash distribution ( 97,500) Noncash distribution ( 97,500) AAA, December 31 $ -0-

AE&P, January 1 $ 30,000

Minus: Remainder of cash and property distributions ( 5,000) AE&P, December 31 $ 25,000

Of each distribution, $97,500 is nontaxable assuming the shareholder has sufficient basis in his stock. The remaining $2,500 of each distribution is a dividend included in the shareholder’s gross income. John takes a $100,000 FMV basis in the land he receives.

Jeff’s stock basis:

Basis, January 1 $100,000

Plus: Allocable share of current year ordinary income and gain 35,000 Predistribution basis $135,000 Minus: Cash distribution from AAA ( 97,500) Basis, December 31 $ 37,500

John’s stock basis: Basis, January 1 $ 80,000 Plus: Allocable share

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