BOBBY T 95 OWNER WOULD LIKE TO ELECT S CORPORATION STATUS FO
BOBBY T (95% OWNER) WOULD LIKE TO ELECT S CORPORATION STATUS FOR DJ, INC. BUT DALLAS (5 % OWNER) DOES NOT WANT TO ELECT S CORPORATION STATUS.
BOBBY T CANNOT ELECT (S STATUS) FOR DJ, INC. WITHOUT DALLAS CONSENT.
MULTIPLE CHOICE
1. True
2. False
Solution
1.True.
Reason: Bobby T cannot elect S Status for DJ,Inc. without Dallas concent,
(1) According to U.S Code,
Title 26- Internal Revenue Code,
Sub title A ,
Chapter 1- Normal Taxes and sur taxes,
sub chapter S- Tax treatment of S Corporations and their Shareholders,
Part 1- In General,
§1362 Election, (a) (2) All shareholders must consent to elections.
(2) And in Instructions for filling form 2553 (*) Column k of this form requires the consent of all shareholders or in a seperate consent statment.
(*) which is a form for an entity eligible to elect to be treated as a corporation
So, Bobby T cannot elect S Status for DJ, INC without the consent of Dallas who is a 5% owner in DJ, INC
simply reference to US Code---- \"26 U.S. Code § 1362 - Election; revocation; termination\"
