Question: Barry Potter and Winnie Weasley are considering making an S election on March 1, 2018, for their C corporation, Omniocular. However, first they want to

Barry Potter and Winnie Weasley are considering making an S election on March 1, 2018, for their C corporation, Omniocular. However, first they want to consider the implications of the following information:

• Winnie is a U.S. citizen and resident.

• Barry is a citizen of the United Kingdom, but a resident of the United States.

• Barry and Winnie each own 50 percent of the voting power in Omniocular. However, Barry's stock provides him with a claim on 60 percent of the Omniocular assets in liquidation.

• Omniocular was formed under Arizona state law, but it plans on eventually conducting some business in Mexico.

• On March 31, 2018, Omniocular sold the land for $42,000.

• In 2018, Omniocular sold all the inventory it had on hand at the beginning of the year. This was the only inventory it sold during the year.

Other Income/Expense Items for 2018

Sales Revenue ............................................. $155,000

Salary to owners ........................................... (50,000)

Employee wages ........................................... (10,000)

Depreciation expense..................................... (5,000)

Miscellaneous expenses ................................ (1,000)

Gain on sale of machinery ............................. 12,000

Interest income ............................................... 40,000

Qualified dividend income ............................ 65,000

• Assume that if Omniocular were a C corporation for 2018, its taxable income would have been $88,500.

a. Is Omniocular eligible to elect S corporation status? If so, when is the election effective?

b. How much LIFO recapture tax is Omniocular required to pay and when is it due?

c. How much built-in gains tax, if any, is Omniocular required to pay?

d. How much excess net passive income tax, if any, is Omniocular required to pay?

e. Assume Barry's basis in his Omniocular stock was $40,000 on January 1, 2018. What is his stock basis on December 31, 2018?

f. For tax purposes, how would you recommend Barry and Winnie allocate income between the short S corporation year and the short C corporation year if they would like to minimize double taxation of Omniocular's income?

g. Assume in part (f) that Omniocular allocates income between the short S and C corporation years in a way that minimizes the double taxation of its income. If Barry's stock basis in his Omniocular stock on January 1, 2019, is $50,000, what is his stock basis on December 31, 2019?

h. When is the earliest tax year in which Omniocular can be taxed as an S corporation again?

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a All shareholders are eligible S corporation shareholders However it appears as though Omniocular has more than one class of stock because even though Barry and Winnie each have 50 percent of the vot... View full answer

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