Question: Eric Wright conducts a dry cleaning business as a sole proprietorship. The business oper - ates in a building that Eric owns. Last year, Eric
Eric Wright conducts a dry cleaning business as a sole proprietorship. The business operates in a building that Eric owns. Last year, Eric mortgaged for $ the building and
the land on which the building sits. He used the money for a down payment on his personal residence and college expenses for his two children. He now wants to incorporate
his business and transfer the building and the mortgage to a new corporation, along with
other assets and some accounts payable. The amount of the unpaid mortgage balance will
not exceed Erics adjusted basis in the land and building at the time he transfers them to
the corporation. Eric is aware that Sec. b could impact the tax consequences of the
transaction because no bona fide business purpose exists for the mortgage transfer, which
the IRS might consider to have been for a tax avoidance purpose. However, Eric refuses
to acknowledge this possibility when you confront him. He maintains that many taxpayers play the audit lottery and that, in the event of an audit, invoking this issue could be a
bargaining ploy.
Required: What information about the transaction must be provided with the transferor and transferees tax returns for the year in which the transfer takes place? Discuss
the ethical issues raised by the AICPAs Statements on Standar
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