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Subject Topic: Same Question Becker V.S Wiley (Topic Closed Topic Closed) Post ReplyPost New Topic
  
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gjtseng
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Posted: 11 Feb 2012 at 07:42 | IP Logged  

hey everyone

I recently find this same question in both Becker and Wiley, but i found that they have different answer.....so which one should i rely on? Please help!

CPA-01952    

Baker, an individual, owned 100% of Alpha, an S corporation.  At the beginning of the year, Baker's basis in Alpha Corp. was $25,000.  Alpha realized ordinary income during the year in the amount of $1,000 and a long- term capital loss in the amount of $3,000 for this year.  Alpha distributed $30,000 in cash to Baker during the year.  What amount of the $30,000 cash distribution is taxable to Baker?

Becker's answer: 30,000-23,000= 7,000

Wiley's answer: 30,000-26,000= 4,000 Here is wiley's explaination: Baker will not be able to deduct the long term capital loss of 3000 this year because the cash distribution reduced his stock basis to zero. Instead the 3,000 loss will be carried forward and will be available as deduction when he has sufficient basis to absorb the loss

So...which one is correct? 4,000 or 7,000? Thx!

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midi13579
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Posted: 14 Feb 2012 at 07:01 | IP Logged  

Hi,
From my understanding, under the IRC, you can only deduct
ordinary losses against ordinary gains, and you can only
deduct capital losses against capital gains.
Corp. capital loss can carryback 3 yrs and forward 5 yrs.
With the exception of individual tax, individual tax
allows you deduct a max. loss of $3000 per year, no
carryback, but allow to carry forward indefinitely.

In this case it will should be $4,000 for capital gain
purpose
since you increase your basis to 26,000 with ordinary
income received. 30,000-6,000=4,000
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musicamor04
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Posted: 14 Feb 2012 at 10:36 | IP Logged  

I would tend to agree with Becker's answer because the question is asking for the taxable portion of the distribution. While an S-Corp is generally not a taxed entity, items of income and loss (no matter their characteristics are included in the calculation of basis. So in this case:

$25000 - beginning basis

$1000 - add all income since 100% shareholder

($3000) - deduct capital loss (although seperately stated item

$23000 - ending basis

($30000) - less distribution

($7000) - taxable excess of distribution over basis to Shareholder



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TaxProfMom
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Posted: 14 Feb 2012 at 10:45 | IP Logged  

Becker is right - it's $7000 on the distribution, capital gain. On his 1040,
he'll have 4000 LTCG because of the 3000 capital loss pass thru.

Calculate basis first, including separately stated items
Then subtract out distributions

Whether for S-Corps or partnerships, it will be so much easier if you do it
that way.

Good luck -

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audreyP
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Posted: 16 Feb 2012 at 16:52 | IP Logged  

I am reading both Wiley and Becker. I think Wiley is right on this one.
When calculating nontaxible distribution and shareholder (same as
partner), the exact order is very important. Becker and Wiley both state
the same order:
Initial basis
+ income items (include ordinary income and all other income)
+capital contribution
(the total is the limit of nontaxible distribution)
- distribution
(the result here is the limit of deductible loss)
- loss or expense items
------------------------------------
= ending basis

Becker: r3-58 (2011)
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