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Subject:
Deduction bankruptcy debt for one corp through another.
Category: Business and Money > Accounting Asked by: windmills-ga List Price: $5.00 |
Posted:
30 Nov 2005 22:05 PST
Expires: 30 Dec 2005 22:05 PST Question ID: 599858 |
I have a tax project question that I need help with. Here is the problem: Joan McIntyre owns her own real estate business. She has developed a reputation within the community for honesty and integrity. She believes that this is one of the reasons her firm has been so successful. Joan was a 30 percent shareholder in an unsuccessful fast-food restaurant, Escargot-to-go. Although she personally thought the business had great food and was well run, Escargot never appealed to the local community. Early this year the corporation filed for bankruptcy. Many of the creditors of Escargot were also clients of Joan?s real estate business. After Escargot declared bankruptcy, Joan?s real estate business began to suffer. Joan felt that the decline in her real estate business was related to the bankruptcy of Escargot so Joan used the earnings of his real estate business to repay all the creditors of Escargot-to-Go. Within a few months, Joan?s real estate business began to pick up. Joan has asked you to determine if her real estate business can deduct the expenses of repaying Escargot-to-Go?s creditors. Required: Using the Internal Revenue Code and relevant case law/s, determine ALL issues including if Joan can deduct the amount paid to corporation?s creditors. Document your answer with specific code and case citations. Any useful information would be great. Thanks! |
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There is no answer at this time. |
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Subject:
Re: Deduction bankruptcy debt for one corp through another.
From: myoarin-ga on 01 Dec 2005 13:39 PST |
Is the real estate business a separate tax entity, or is Joan running it as a sole proprietorship, i.e. she is the tax entity for the business? |
Subject:
Re: Deduction bankruptcy debt for one corp through another.
From: windmills-ga on 01 Dec 2005 21:00 PST |
I would say she is running it as a sole proprietor. My teacher didn't clarify that so that 's what I'm going to assume. |
Subject:
Re: Deduction bankruptcy debt for one corp through another.
From: myoarin-ga on 02 Dec 2005 08:00 PST |
That is an interesting assumption, since most savvy business persons probably would establish an LLC, in which case Joan would not be able to pass on her personal expenses in covering the debts to another tax entity that she owned. But more important is the question of whether she can take a tax deduction for expenses that she paid voluntarily. I rather doubt it, but I am not an expert, and this is no professional advice, even if this is just an academic assignment (Check the FAQs about homework). |
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