An corporations liability is limited to its assects, so the owner or the shareholders are protected from personal claims unless they commit fraud. Now because Tom did not follow the law of an incorporation by having corporate minutes his company has commited fraud. The court will see a case of fraud and In my opinion will lose the
You decide week 6 The stock should not be purchase by Mr. Jones. Mr. Jones acquiring the assets, liabilities and also would inherit the contractual obligations of the selling corporation, would, be the results of the purchase. In lay terms, he has bought the existing Smithon Corporation and he is responsible of ensuring daily operations run efficiently but the tax aspect of acquisition he is responsible for existing and any future tax liabilities that the selling corporation had. It would be my advice for Mr. Jones to not buy the stock because of the liability of current and future tax obligations which Mr. Jones would incur from the purchase of the stock. Since the tax identity of Smithon corporation would have not ceased, it is not
You Decide Week 6 S Corporations Keller School of Management AC533 Federal Taxes and Management Decisions Professor Daniel Louviere 1. Outright purchase of Smithon stock: a. Should Mr. Jones purchase the stock of Smith outright, leaving Smithon intact? What about issuing debt in his Johnson Services company to pay for the Smith Company – would that raise debt to equity issues? No, Mr. Jones should not purchase the stock.
Leasing the building will allow John to write off the payments as rent expense. However, if he has the capital to purchase the building, it would be considered an asset and he would be allowed to depreciate over the life of the building. This decision would have to weigh factors such as: capital investment, loan options if no capital investment, and expected future profits and expenses of the business. 2. Jane Smith tax issues: Issue a) What are the different tax consequences between paying down the mortgage (debt) and assuming a new mortgage (debt) for federal income tax purposes?
10-7 breach of contract: Roger Bannister was the director of technical and product development for Bemis Co. He signed a covenant not to compete that prohibited him from working for a “conflicting organization” for eighteen months following his termination, but required Bemis to pay his salary if he was unable to fi nd a job “consistent with his abilities and education.” Bemis terminated Bannister. Mondi Packaging, a Bemis competitor, told him that it would like to offer him a job but could not do so because of the noncompete agreement. Bemis released Bannister from the agreement with respect to “all other companies than Mondi” and refused to pay his salary. released Bannister from the agreement with respect to “all other companies than Mondi” and refused to pay his salary Inc., another Bemis competitor.
A.P. Smith Mfg. Co. v. Barlow Facts: The plaintiff corporation was attempting to donate $1,500 to Princeton University. However, the stockholders were against this decision, and P instituted a declaratory judgment action. The stockholder’s argued: (1) the plaintiff’s certificate of incorporation does not expressly authorize the contribution, and under common-law principles the company does not possess any implied or incidental power to make it, and (2) the New Jersey statutes which expressly authorize the contribution may not constitutionally be applied to the plaintiff, a corporation created long before their enactment.
The new CEO would rather operate the company without interference of the “money man.” Even though, this maybe a gamble due to corrupt the thinking that would affect Beltway’s public credit. Beltway Investments could not allow it to become
Jones don’t purchase the stock of Smithton outright. If Mr. Jones did purchase this stock outright it would cause him to acquire the assets, liabilities, and any contractual obligation that are outstanding of Smithton. According to the text Mr. Jones would be completely liable for any existing and future tax liabilities of Smithton. Because the Smithton wouldn’t cease to exist the purchase of stock wouldn’t be recommended for Mr. Jones. Since Smithton’s basis or tax schedule would not be change.
Applied Business Law Individual Work Week 10 Linda Baker Everest University Online June 22, 2012 Instructor Antonia Asterino Insurable Interest The insurable interest must exist when the policy was purchased and at the time of the loss. (1) If you would sustain a loss financially from the property’s destruction, then you have insurable interest. (2) Interstate Distribution Corporation bought Eagle Sales Company and put insurance on the property. Interstate had possession of the property when the policy was taken out. Eagle Sales Company did not have any insurable interest in the property.
The Supreme Court ruled that it was unconstitutional because it did not give the presidential administrations the power to remove board members (Younglai et al., 2010). Another major con of SOX is the cost to comply with the audit requirement. Many lawmakers fear that these costs are pushing firms to move their operation oversees (Sarbanes-Oxley Act. (n.d.). Overall, SOX has caused companies to be more forthcoming with their financial data at the same time instilling more confidence from the public.