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Dan, a cash basis taxpayer, incorporates his sole proprietorship. He transfers the following items to newly...

Dan, a cash basis taxpayer, incorporates his sole proprietorship. He transfers the following items to newly created Orange Corporation.

Adjusted Basis Fair Market Value: Cash $ 10,000 $ 10,000 Building 120,000 175,000 Mortgage payable (secured by the building and held for 15 years) 135,000 135,000 With respect to this transaction:

a. Orange Corporation’s basis in the building is $120,000.

b. Dan has no recognized gain.

c. Dan has a recognized gain of $5,000.

d. Dan has a recognized gain of $10,000.

e. None of the above.

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Answer #1

c. Dan has a recognized gain of $5,000.

Under section 357(c), Dan recognizes gain to the extent liabilities (mortgage payable of $135,000) exceed the basis of all assets transferred [$120,000 (building) + $10,000 (cash).

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