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Charles is planning to invest $10,000 in a venture whose management is undecided as to whether it should be structured as a regular corporation or as a partnership. Charles will hold a 10% interest in the entity. Determine the treatment to Charles if the entity is a corporation and if it is a partnership. In the analysis, assume that Charles is in the 35% marginal tax bracket and the entity, if operating as a corporation, is in the 34% marginal tax bracket. Also assume that the passive activity rules do not reply to Charles.

Additionally, answer all three of the situations below.

If the entity incurs an $80,000 operating loss in year 1, what is Charles' cash outflow if the entity is a corporation? A partnership?

In year 2, the entity earns operating income of $200,000 and makes no distribution to any of the owners. What is the tax burden on Charles if the investment is a corporation? A partnership?

In year 3, the entity earns operating income of $200,000 and distributes all of that year's after-tax proceeds to the owners. What amount of cash is available to Charles if the entity operates as a corporation? A partnership?

 

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