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Home > Taxation > Form 1120S: Terminations and Revocations
Prerequisite
Overview of Federal Income Taxation
Knowledge Level
Intermediate
Copyright 2009

Publication Date
November, 2009
Form 1120S: Terminations and Revocations
Introduction Organization Learning Objectives Author Bios

Title: Form 1120S: Terminations and Revocations
Prerequisite: Overview of Federal Income Taxation or comparable knowledge/experience
Advance Preparation: None
Knowledge Level: Intermediate
Subject Matter Area: Taxes
Date of Publication: October 2009
Copyright © 2009 by Bisk Education, Inc. All rights reserved.
Recommended CPE Credits: 2 QAS/Registry (based on 50-minute hour)
Expiration Date: One year from date of receipt to complete program and submit quizzer to obtain credit
Passing Grade for Quizzer: 70 percent or higher


This program considers the events that lead to termination of S corporation status, including revocation of an S election, failure to meet the requirements of S corporation status, and excess passive investment income. It also examines shareholders' fiduciary responsibilities, pro rata allocation of items between short years, how to cure an inadvertent termination, and the requirements for re-electing S status.

This program includes expert analysis by E. Lynn Nichols, CPA, and John L. Norman, Jr., JD, on audio and video.

Use of Materials

Audio or DVD
The user should begin by watching the DVD segment or listening to the audio CD for the chapter before reading the text. The user may wish to make notes of the most important concepts and any terms that are new. Next, the user should review the learning objectives at the beginning of the chapter and read the chapter. The user should work through each of the examples. It may be helpful to highlight important material and/or to make additional notes. Next, the user should complete the study questions at the end of the chapter and review the answers. If the user answers a study question incorrectly, s/he should review the section of the text that is indicated at the end of the explanation to the study question to assure comprehension of the material. The user should review the learning objectives once more to consider achievement of the objectives. After the user has finished watching the DVD or listening to the CDs and reading the text, s/he may wish to review her/his notes and any sections of the text or DVD that were difficult. When the user is ready, s/he should complete the quizzer. Reviewing notes periodically will increase retention of the material.

Online
The user should follow the procedures discussed above. After the user has studied each chapter, s/he should click on the link at the left to complete the interactive study questions. When the user has finished reading the text, s/he may wish to review her/his notes and any sections that were difficult. When the user is ready, s/he should click on the link to the left to complete the quizzer. The user's CPE certificate will be provided immediately upon successful completion of the quizzer.



This program is divided into eight (8) chapters.

Chapter 1 summarizes the S corporation status terminating events.

Chapter 2 addresses the requirements for revoking S status, including how to determine the revocation effective date and the procedures for revoking S status and for rescinding a prospective revocation.

Chapter 3 explains the effective date of a termination when a corporation fails to meet the requirements in IRC §1361(b).

Chapter 4 examines terminations as a result of an S corporation's excess passive investment income, such as gross receipts derived from royalties, rents, dividends, interest, annuities, and the sale of certain assets.

Chapter 5 discusses an S corporation shareholder's fiduciary responsibilities.

Chapter 6 explains the requirements for an S termination year, an S short year, a C short year, and the pro rata allocation rules for each.

Chapter 7 considers inadvertent termination relief for S corporations, qualified subsidiary corporations, qualified Subchapter S trusts, qualified Subchapter S subsidiaries, and electing small business trusts.

Chapter 8 addresses the requirements for re-electing S status, such as the five-taxable-year prohibition period, the treatment of C and S short years, and when a corporation is considered a successor corporation.

Helpful Guidance

Throughout this program, the user will find explanations and discussions regarding some of the issues that often face practitioners. In order to enhance the user's comprehension of the material and highlight important practical considerations, this program includes the following designations:

A Biskalert is intended to warn the practitioner of a particular situation that may require action or other consideration by the taxpayer or the practitioner on behalf of the taxpayer.

A Biskpoint presents analysis or commentary that attempts to explain or clarify statutory or regulatory authority or decisions by the judiciary.

A Bisktip provides practical advice that may be used to help improve client service or service to the practitioner's organization.


Upon successful completion of this program, the user should be able to:

  • Identify the events that terminate a corporation's S status

  • Explain the effective date of a revocation

  • Determine the effective date of a termination

  • Discuss what constitutes an S corporation's passive investment income

  • Allocate income, deductions, and credits between two short years

  • Explain how to cure an inadvertent termination, and recognize the restrictions on re-electing S status.



    Stephen T. Galloway, JD, joined Bisk Education, Inc., as a tax editor in 1991 and has served as Vice President and Managing Editor since 1995. He is responsible for all content development in the CPA Review and Continuing Professional Education product lines, as well as all audio and video operations of the Company. Mr. Galloway's background includes more than a decade of legal and public accounting experience, mostly in the tax and litigation services groups of Coopers & Lybrand, LLP (now PricewaterhouseCoopers, LLP). He has authored several books and monthly publications in the area of taxation, as well as produced numerous audio and video programs in taxation, accounting and auditing, and graduate-level business administration. Mr. Galloway earned his undergraduate degree in Social and Behavioral Sciences from The Johns Hopkins University and his Juris Doctorate from University of Maryland School of Law. (Author)

    Ian J. Redpath, JD, LLM, is a nationally recognized tax attorney and consultant from Buffalo, New York. He is a principal in the Redpath Law Offices in Buffalo and New York City where he specializes in tax litigation matters. Mr. Redpath has published numerous articles on contemporary tax issues and co-authored several books. He has extensive national and international experience in developing, writing, and presenting professional CPE programs. Mr. Redpath holds a Bachelor's degree from Hillsdale College, a JD from the University of Detroit, and an LLM (tax emphasis) from the University of Wisconsin. In addition to his active tax practice, he serves as an Associate Professor of Taxation at Canisius College in Buffalo. (Contributing Author)

    Michael J. Tucker, LLM, CPA, is a consultant with the accounting firm of T.M. Byxbee Company, P.C., in Hamden, Connecticut. In his practice, Mr. Tucker handles a wide variety of client transactions, including mergers and acquisitions, entity formations and dissolutions, and distributions to owners/shareholders/partners. He is also a Professor of Accounting at Quinnipiac University in Hamden, Connecticut. Author of over 100 articles and books dealing with various tax topics, Mr. Tucker is a frequent lecturer at conferences and seminars throughout the country. Recently, Mr. Tucker has expanded his practice and lecturing to include topics related to the workplace, including sexual harassment and employer/employee relations. He holds an LLM in Taxation from Georgetown University Law Center, a Juris Doctorate from New York University School of Law, a PhD in Accounting from University of Houston, and an MBA from New York University. (Contributing Author)

    John L. Norman, Jr., JD, is an attorney in private practice in Washington, D.C., where he specializes in closely held business organizations, as well as estate and financial planning. He is the former National Director of Taxation for the accounting firm Pannell Kerr Forster, and the former chair of PKF's International Tax Committee. He is also a member of the International Tax Planning Association. Previously, he was the Director of Tax Policy for Potomac Electric Power Company. He also taught at the College of William and Mary and George Washington University. Mr. Norman is a noted speaker and author of several publications in the area of federal taxation and he is a regular contributor to CPE Network. (Contributing Author/Speaker)

    E. Lynn Nichols, CPA (PA), a practicing CPA for more than 35 years, is the founder of Mares Nichols CPE, Inc., a developer of continuing education programs and practice aids for CPAs. He is a regular contributor to CPE Network, a member of the Board of Visitors of the School of Accounting in the College of Business of the University of Oklahoma, and a former member of the Editorial Board of the Ohio CPA Journal. In 2005, Mr. Nichols was honored by the Ohio Society of CPAs with its Gold Medal for Meritorious Service to the Accounting Profession. Mr. Nichols serves as an advisor to CPA firms across the U.S. on matters of federal income taxation, litigation services, and IRS procedures. He has authored more than 20 highly-rated tax CPE programs and his Current Federal Tax Developments program is always among the highest rated in the nation. (Speaker)



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