Ask Taxation Expert

Detailed Question: On January 1, 2002, John, Mary and Susan decided to organize an LLC (taxed, for federal tax purposes, as a partnership). John contributed $ 100,000 in cash in exchange for a 25% interest in the LLC. Mary contributed $ 50,000 in cash and accounts receivables with a basis of 0$ and a fair market value of $ 50,000 in exchange for a 25% interest in the LLC. Susan contributed $100,000 in cash and a capital asset having a basis of $60,000 and a fair market value of $100,000 in exchange for a 50% interest in the LLC.

The LLC had income from operations of $80,000 during the 2002 tax year. However, no distributions were made to John, Mary or Susan during 2012. The LLC had a loss from operations of $40,000 during the 2003 tax year. Again, no distributions were made during 2003. During 2003, the LLC acquired a building for $ 100,000 paying $40,000 in cash and obtaining a non-recourse loan to finance the remaining purchase price ($60,000) (the "Building Loan"). The lender for the Building Loan secured its loan with a mortgage on the building.

On January, 1, 2004, the LLC paid off the Building Loan and the mortgage on the building was released. On January 2, 2004, John sold his interest in the LLC to Therese for $110,000. At the time of the purchase and sale of John's interests, the LLC had a valid IRC Code Section 754 election in Place with the IRS. The LLC has income from operations of $160,000 during the 2004 tax year. Again, no distributions were made to Mary, Susan or Therese during the 2004 tax year.

On January 1, 2005, the LLC sold the accounts receivables for $50,000 in cash and the building for $120,000 to separate third parties and dissolved. Upon the dissolution, the LLC distributed the capital asset to Mary. All other liquidation distributions are made in cash payments to the LLC members in accordance with the LLC's operating agreement, which contains the following provisions:

1. Capital accounts. The LLC will maintain capital accounts pursuant to the provisions of Treas. Reg. § 1.704-1 (b) (2) (iv), as required by Treas. Reg. § 1.704-1(b)(2)(ii)(b)(1).

2. Liquidation. Upon liquidation of the LLC, liquidating distributions will be made according to the positive capital account balances of the members, as determined after taking into account all capital account adjustments for the LLC taxable year during which such liquidation occurs, by (i) the end of such taxable year, or (ii) within 90 days after the date of such liquidation.

3. Additional Capital Contributions Required. Each member shall be obligated to make up any deficit account balance existing at the end of any year or upon liquidation of the LLC.

Assume that (i) no cash distributions were made to any member, except as provided herein, (ii) all income and loss generated during the years of operation resulted from cash transactions, (iii) no depreciation occurred on the capital asset for any year and the fair market value of the asset remained the same at all times, and (iv) the agreement among the members of the LLC also include language that all allocation of income and loss were to be in accordance with the respective interests of the LLC members.

Discuss, in detail, the implications to all parties (inclusive of the LLC) of each transaction identified above, including the impact on each member's basis in his LLC interest and his capital account at the end of each year.

N/B: Give at least 10 page analysis.

Taxation, Accounting

  • Category:- Taxation
  • Reference No.:- M91760228

Have any Question?


Related Questions in Taxation

Partnership taxable incomepartner d is a 10 percent general

Partnership Taxable Income Partner D is a 10 percent general partner in ABCD Partnership. The partnership's financial records for the current tax year reveal the following: Gross receipts from sales . . . . . . . . . . . ...

Question 1you are working as a tax consultant in mayfield

Question 1 You are working as a tax consultant in Mayfield, NSW. Your client is an investor and antique collector. You have ascertained that she is not carrying on a business. Your client provides the following informati ...

Question - in june 2016 tom had signed an agreement in

Question - In June 2016 Tom had signed an agreement in Sydney with XYZ Ltd to act as the company's plantation manager in Brunei until June 2018. At the time of signing the agreement, Tom was advised that it was possible ...

Questionan entity which is gst registered or which needs to

Question An entity which is GST registered (or which needs to be registered) needs to charge GST on its taxable supplies (s.9.70, A New Tax System (Goods and Services Tax) Act 1999 ("GSTA")). While some transactions may ...

Understanding tax returns assessment - prepare tax returns

Understanding Tax Returns Assessment - Prepare tax returns for individuals To complete these activities you are required to: a) Conduct independent research and analysis of relevant Tax Law. b) Access the most up to date ...

Business taxation assignment -assignment question - carson

BUSINESS TAXATION ASSIGNMENT - ASSIGNMENT QUESTION - Carson Pty Ltd ("Carson"), an Australian resident company for tax purposes, carries on numerous business activities. In the first half of 2014, Carson has thoughts of ...

Taxation theory practice amp law assignment -question 1

Taxation Theory, Practice & Law Assignment - Question 1 - You are working as a tax consultant in Mayfield, NSW. Your client is an investor and antique collector. You have ascertained that she is not carrying on a busines ...

Question 1the lotteries commission conducts an instant

Question 1 The Lotteries Commission conducts an instant lottery called 'Set for Life' under which a winner who scratches three 'set for life' panels wins $50,000 each year for 20 years. The first $50,000 is payable as so ...

Taxation theory practice amp law assignment -question 1 -

Taxation Theory, Practice & Law Assignment - Question 1 - You are working as a tax consultant in Mayfield, NSW. Your client is an investor and antique collector. You have ascertained that she is not carrying on a busines ...

Taxation theory practice amp law assignment -question 1 -

Taxation Theory, Practice & Law Assignment - Question 1 - You are working as a tax consultant in Mayfield, NSW. Your client is an investor and antique collector. You have ascertained that she is not carrying on a busines ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As