- This topic has 315 replies, 65 voices, and was last updated 9 years, 3 months ago by
mtaylo24.
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July 2, 2016 at 9:54 pm #203374
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July 9, 2016 at 7:17 pm #784765
AnonymousInactiveYou know what Melissa, when I saw that question I threw up my hands. IF the HDC designation and is supposed to protect people from getting ripped of becuase they take a negoitiable instrument in good faith and (yet) the question points to someone having HDC status even though they have knowledge of a fraud…. Fine – just what do they want us to learn here.
OK, OK, – I guess they want us to learn this:
The holder-in-due-course doctrine is important because it allows the holder of a negotiable instrument to take the paper free from most claims and defenses against it. Without the doctrine, such a holder would be a mere transferee. The UCC provides that to be an HDC, a person must be a holder of paper that is not suspiciously irregular, and she must take it in good faith, for value, and without notice of anything that a reasonable person would recognize as tainting the instrument. A payee may be an HDC but usually would not be (because he would know of problems with it). The shelter rule says that a transferee of an instrument acquires the same rights her transferor had, so a person can have the rights of an HDC without satisfying the requirements of an HDC (provided she does not engage in any fraud or illegality related to the transaction).So I guess just knowing about the fraud does not meet the standard of “engaging” in the fraud?
July 9, 2016 at 8:28 pm #784766
CPA2BEEParticipant@Teal you can take ethics whenever you want in CA, and I'm pretty sure its the same in all states. Its administered through your state CPA society, not NASBA – so rules may vary for each state.
FAR - 80
AUD - 82
BEC - 80
REG - 85ETHICS - 90
EXPERIENCE - COMPLETE
Application for California license mailed 8/4/2016July 9, 2016 at 8:35 pm #784767
TealParticipant@CPA2BEE, wow I had no idea! Everyone at my firm seems to think you can't take it until you're done with the tests.
Anyway – I have a question about this question in the NINJA book:
Alex, single, incorporated his business by investing $80,000 for which he received Section 1244 stock. Alex also loaned the corporation $20,000. The corporation became bankrupt and Alex lost the entire $100,000. What should Alex report as a result of the bankruptcy?
Answer: $50,000 capital loss and $50,000 ordinary lossI got this right when I was reading it, but here's the explanation: A loss from Section 1244 stock is treated as an ordinary loss (up to $50,000 if single). Any loss in excess of $50,000 is treated as a capital loss.
So my question is about the $20,000. How do we know this is automatically treated as capital? Is an amount that he loaned part of the Section 1244 rule? Or is just any amount loaned would be considered capital anyway?
Thanks!
FAR (66,68) Aug 26
REG (66) July 25
AUD (66) December 1st
BEC - October 3rdJuly 9, 2016 at 9:49 pm #784768
melissahoffParticipant@CPA2021 – RIGHT?! My hands were in the air too! I think it definitely has to to with the Shelter Rule. As soon as @Teal mentioned that, I looked it up and it sounded right. Just goes to show how much little detail is in this thing, I must have glazed over that rule.. oops 🙂
@ Teal – my impression is the same as the very last question you asked “Or is just any amount loaned would be considered capital anyway?” This was my initial thought on it, although I don't have any rule or reference to back that up.
AUD - 74,72,74,73,67,80
BEC - 69,80
FAR - 50,51,50,74,71,79
REG - 69, 72, 81.. and I am DONE...
Ethics-93July 9, 2016 at 10:10 pm #784769
AnonymousInactiveBut even if you know the shelter rule, the candidate would remember the caveat about fraud. And logically, the intent of the statute would be to prevent someone from taking advantage (e.g., knowledge about the fraud = participating in the fraud.)
lJuly 10, 2016 at 6:23 am #784770
LynnchuParticipantI just got out of REG exam today and I'm pretty sure I'm going to fail it. There were a LOT of questions on chapter 5 Becker book (not sure if other books are the same) which everyone said there's a small percentage showing up on the exam. It's the chapter about CPA liability, penalties imposed on CPA (when and how), reportable transactions, private letter, the IRS etc… I did not spend time heavily on it so there were concepts that you really can't make educational guess if you don't know what it is.
Questions on C Corp S Corp partnership basis are way easier than the ones posted on here. They were pretty basic ones. A lot of questions are about estate income as well.
Oh well I can't face the feeling I'm going to retake it because I know I bombed it.
Good luck to everyone else!
July 10, 2016 at 2:34 pm #784771
melissahoffParticipant@CPA2021 – I totally hear you! It still doesn't make any logical sense to me, I am just going to try to remember the rule haha story of my life!
AUD - 74,72,74,73,67,80
BEC - 69,80
FAR - 50,51,50,74,71,79
REG - 69, 72, 81.. and I am DONE...
Ethics-93July 10, 2016 at 3:21 pm #784772
AnonymousInactiveMelissa perhaps that is why the question has been retired.
July 10, 2016 at 5:25 pm #784773
TealParticipant@lynnchu I'm so sorry!! You'll get it next time 🙂 But thank so much for taking the time to share with us what was on the exam.
FAR (66,68) Aug 26
REG (66) July 25
AUD (66) December 1st
BEC - October 3rdJuly 10, 2016 at 6:34 pm #784774
TealParticipantSo with regards to the new rule that corporation returns are now due on April 15th, what about things like paying dividends by March 15th? has that now changed to April 15th even though the old questions still say March?
FAR (66,68) Aug 26
REG (66) July 25
AUD (66) December 1st
BEC - October 3rdJuly 11, 2016 at 1:32 am #784775
CPAdestined11ParticipantJuly 11, 2016 at 1:49 am #784776
CPAdestined11ParticipantJuly 11, 2016 at 1:56 am #784777
AnonymousInactiveGood luck @CPAdestined11!!! 🙂
July 11, 2016 at 3:14 am #784778
Just3LettersParticipantGood luck CPAdestined11! You got this!
May the sims be ever in your favor!
FAR- 81
REG- 81
BEC- Aug 22, 2016
AUD- TBDJuly 11, 2016 at 1:28 pm #784779 -
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