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Y corporations shareholders want to elect S status. Do any of the following facts about the corporation prevent the election? Why? It has a wholly-own
Y corporations shareholders want to elect S status. Do any of the following facts about the corporation prevent the election? Why?
- It has a wholly-own subsidiary.
- It has 99 shareholders who own their shares solely in their own name and a married couple who owns the stock jointly.
- It has 10 shareholders, and one is the estate of a former shareholder. It is expected that the shared held by the estate will be distributed to three U.S. citizens and one Englishman who is a U.S. resident.
- It has 99 shareholders plus L, who owns no shares but serves as custodian for shares owned by her two minor children.
- What if L, in (d) above, is a nonresident alien, but the children are U.S. citizens?
- It has 15 owners of common stock and no owners of its authorized preferred stock.
- It has 10 owners of voting common stock and five owners of nonvoting common. Except for voting, all other rights of the two sets of common stock are identical.
- A corporation was formed many years ago by X, Y, and Z. Several generations later there are 210 shareholders, 150 of whom are descendants of X, Y and Z.
Refer to the problem above and assume Y corporation made its S selection in 2015. Do the following facts about the corporation terminate the election? When? Why? Can the shareholders prevent the termination?
- Refer to (a) above. It had $5 billion in sales with various customers in the United States and $100,000 sales that it places through its subsidiary.
- Refer to (b) above. The married couple is divorced December 19, 2021, and each receives one-half the shares in Y that were owned jointly by them prior to that date.
- Refer to (c) above. The Englishman decides it is time to return home and moves to London, England, on March 3, 2021. He continues to own five shares of Y and gives up his residency in the United States.
- Refer to (f) above. M exchanges her 500 shares of Y common for 700 shares of Y preferred. Although the number of shares differ, the dollar value of Ms holdings remain the same.
- The corporation elects to revoke its S selection. Holders of 70% of the stock consent to the revocation. The other shareholders do not consent.
- On June 5, 2021, a 20% shareholder transfers her stock to a C corporation she owns.
- Y has $15,000 accumulated earnings and profits (AE&P) from C corporate years, and 30% of its gross receipts in 2019, 2020, and 2021 are from dividends and interest on investments.
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