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    Learning Objectives\r\n\r\n Explain the basic tax law framework that applies to property distributions from a corporation to a shareholder\r\n\r\n Compute a corporation\u2019s earnings and profits and calculate the dividend amount received by a shareholder\r\n\r\n Identify situations in which a corporation may be deemed to have paid a \u201cconstructive dividend\u201d to a shareholder\r\n\r\n Comprehend the basic tax rules that apply to stock dividends\r\n\r\n Learning Objectives\r\n\r\n Comprehend the different tax consequences that can arise from stock redemptions\r\n\r\n Contrast a partial liquidation with other types of stock redemptions and describe the difference in tax consequences to the shareholders\r\n\r\n Framework for Property Distributions\r\n\r\n Corporations cannot deduct dividend distributions and this creates the \u201cdouble taxation\u201d of the corporation\u2019s income.\r\n Distributions to shareholders generally receive preferential tax treatment:\r\n Dividends must be included in gross income (albeit generally taxed at a lower tax rate).\r\n Distributions may result in a tax-free return of capital.\r\n Distributions may result in capital gains.\r\n\r\n Framework for Property Distributions\r\n\r\n Payments to shareholders are deductible by the corporation if the payment relates to services provided by the shareholder (such as salary, bonus, interest, or rent).\r\n\r\n If these payments are unreasonable, then the unreasonable (excessive) portion may be treated as a constructive dividend and the payment is no longer deductible.\r\n\r\n Constructive Dividends\r\n\r\n Examples of disguised (constructive) dividends \u2013 \r\n\r\n Unreasonable compensation\r\n\r\n Bargain sales of property to shareholders\r\n\r\n Shareholder use of corporate assets without an arm\u2019s-length payment\r\n\r\n Loans from shareholders at excessive interest rates\r\n\r\n Corporate payments of the shareholder\u2019s personal expenses\r\n\t\r\n\r\n Constructive Dividend\r\n\r\n90. At the beginning of the year, Westwind, a C corporation,\r\nhad a deficit of ,000 in accumulated earnings and\r\nprofits. On the date of the distribution,\r\nthe following data were available:\r\n\t Adjusted basis of land \t\t$ 6,500\r\n\t Fair market value of land \t 14,000\r\n\t Mortgage on land \t\t 5,000\r\n For the year ended December 31, 2011, Gelt had earnings\r\nand profits of ,000 without regard to the dividend distribution.\r\n If the mortgage on the land was assumed by the sole\r\nshareholder, by how much should the dividend distribution\r\nreduce Gelt\u2019s earnings and profits? After the distribution of the preferred stock, Joan\u2019s bases\r\nfor her Orban stocks are\r\n Common \t Preferred\r\na. 5 \t $ 75\t\t PS = (0\/0) x 0 = \r\nc. December 2012.\r\n\r\n Stock Redemptions\r\n\r\n Form of a Stock Redemption\r\n A redemption occurs when a corporation acquires its stock from a shareholder in exchange for property\r\n It does not matter if the acquired stock is canceled, retired, or held as treasury stock.\r\n A redemption may result in a dividend to the shareholder or may be treated as a sale or exchange of the redeemed shares if certain requirements are met.\r\n Individuals prefer exchange treatment because of the ability to recover their stock basis.\r\n\r\n Corporate shareholders prefer dividend treatment because of the dividends received deduction.\r\n\r\n Three types of redemptions are treated as exchanges by determining the effect of the redemption on the redeemed shareholder:\r\n Redemptions that are Substantially Disproportionate are treated as sales.\r\n Redemptions in Complete Redemption of all of the Stock of the Corporation Owned by the Shareholder\r\n Redemptions that are not Essentially Equivalent to a Dividend\r\n\r\n\r\n Stock Redemptions\r\n\r\n Stock Redemption\r\n\r\n92.

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