STRAYER ACC565 Week 4 Assignment 2: Constructive Dividends, Redemptions, and Related Party Losses

Assignment 2: Constructive Dividends, Redemptions, and Related Party Losses
Due Week 4 and worth 200 points
Suppose
you are a CPA hired to represent a client that is currently under
examination by the IRS. The client is the president and 95% shareholder
of a building supply sales and warehousing business. He also owns 50% of
the stock of a construction company. The client’s son owns the
remaining 50% of the stock of the construction company. The client has
received a Notice of Proposed Adjustments (NPA) on three (3) significant
issues related to the building supply business for the years under
examination. The issues identified in the NPA are unreasonable
compensation, stock redemptions, and a rental loss. Additional facts
regarding the issues are reflected below:
Unreasonable
compensation: The taxpayer receives a salary of $10 million composed of
a $5 million base salary plus 5% of gross receipts not to exceed $5
million. The total gross receipts of the building supply business are
$300 million. The NPA by the IRS disallows the salary based on 5% of
gross receipts as a constructive dividend.Stock
redemptions: During the audit period, the construction company redeemed
50% of the outstanding stock owned by the client and 50% of the stock
owned by the client’s son, leaving each with the same ownership
percentage of 50%. The IRS treated the redemption as a distribution
under Section 301 of the IRC.Rental loss: The rental loss results from a building leased to the construction company owned by the client and his son.
Use
the Internet and Strayer databases to research the rules and income tax
laws regarding unreasonable compensation, stock redemptions treated as
dividends and related party losses. Be sure to use the six (6) step tax
research process in Chapter 1 and demonstrated in Appendix A of your
textbook as a guide for your written response.
Write a three to four (3-4) page paper in which you:
Based
on your research and the facts stated in the scenario, prepare a
recommendation for the client in which you advise either acceptance of
the proposed adjustments or further appeal of the issue based on the
potential for prevailing on appeal.Create
a tax plan for the future redemption of the client’s stock owned in the
construction company that will not be taxed according to Section 301 of
the IRC.Propose
a strategy for the client to receive similar amounts in compensation in
the future and avoid the taxation as a constructive dividend.Use the six (6) step tax research process, located in Chapter 1 and demonstrated in Appendix A of the textbook, to record your research for communications to the client.
Your assignment must follow these formatting requirements:
Be
typed, double spaced, using Times New Roman font (size 12), with
one-inch margins on all sides; citations and references must follow APA
or school-specific format. Check with your professor for any additional
instructions.Include
a cover page containing the title of the assignment, the student’s
name, the professor’s name, the course title, and the date. The cover
page and the reference page are not included in the required assignment
page length.
The specific course learning outcomes associated with this assignment are:
Analyze
tax issues regarding corporate formations, capital structures, income
tax, non-liquidating distributions, or other corporate levies.Prepare client, internal, and administrative documents that appropriately convey the results of tax research and planning.Create an approach to tax research that results in credible and current resources.Use technology and information resources to research issues in organizational tax research and planning.Write clearly and concisely about organizational tax research and planning using proper writing mechanics.
Click .strayer.edu/bbcswebdav/institution/ACC/565/1148/Week4/Week%204%20Assignment%202%20rubric.html”>here to view the grading rubric for this assignment.