REG Study Group Q4 2014 - Page 208

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  • #632303
    MommyBear
    Member

    Me too Bucky! Hopefully they'll get their scores tonight. For Tax Lady's relief and for our Hiya's coming back. 🙂

    #632304
    WANNABE_CPA
    Member

    @taxlady…B?

    FAR : 68, 74, 83 Thank you God 🙂
    BEC : 78 (8/27) 🙂
    REG : 72 ,80 (2/25) 🙂
    AUD : 69,67, 07/23

    #632305
    MommyBear
    Member

    17–D

    #632306
    Anonymous
    Inactive

    Can I ask a q? A surety is liable first and then they can go after the collateral? Is that how that works?

    #632307
    Anonymous
    Inactive

    17 – D – saw that one last night

    #632308
    WANNABE_CPA
    Member

    17.D?

    FAR : 68, 74, 83 Thank you God 🙂
    BEC : 78 (8/27) 🙂
    REG : 72 ,80 (2/25) 🙂
    AUD : 69,67, 07/23

    #632309
    Tax lady
    Participant

    Yes, D is correct. Yes, surety first. Or any sub-sureties or co-sureties.

    REG 8/15/14 (73); 11/13/14 (82)-expired 🙁
    AUD 5/30/15 (80)
    BEC 11/28/15 (75)
    FAR 7/30/16

    Studying with CPAexcel and Ninja notes/MCQ's/Flashcards

    #632310
    Tax lady
    Participant

    Question 2:

    (BSTR-0051)

    Need a hint?

    See Reference…

    A major characteristic of the corporation is its recognition as a separate legal entity. As such it is capable of withstanding attacks upon its valid existence by various parties who would wish to disregard its existence or “pierce the corporate veil” for their own purposes. The corporation will normally be able to successfully resist such attempts except when

    The corporation was created with tax savings in mind.

    The corporation was created in order to insulate the assets of its owners from personal liability.

    The corporation being attacked is a wholly owned subsidiary of its parent corporation.

    The creation of and transfer of property to the corporation amounts to a fraud upon creditors.

    REG 8/15/14 (73); 11/13/14 (82)-expired 🙁
    AUD 5/30/15 (80)
    BEC 11/28/15 (75)
    FAR 7/30/16

    Studying with CPAexcel and Ninja notes/MCQ's/Flashcards

    #632311
    MommyBear
    Member

    Bucky–That's right. The surety is responsible for the full amount, but then has the right to go after collateral or repayment by the defaulting party.

    #632312
    MommyBear
    Member

    Bucky–That's right. The surety is responsible for the full amount, but then has the right to go after collateral or repayment by the defaulting party.

    #632313
    Anonymous
    Inactive

    Thanks Tax lady! and MommyBear!

    #632314
    Anonymous
    Inactive

    On May 1, Year 5, two months after becoming insolvent, Quick Corp., an appliance wholesaler, filed a voluntary petition for bankruptcy under the provisions of Chapter 7 of the Federal Bankruptcy Code. On October 15, Year 4, Quick’s board of directors had authorized and paid Erly $50,000 to repay Erly’s April 1, Year 4, loan to the corporation. Erly is a sibling of Quick’s president. On March 15, Year 5, Quick paid Kray $100,000 for inven­tory delivered that day.

    Quick’s payment to Kray would:

    Select an answer:

    A.

    not be voidable, because it was a contemporaneous exchange.

    B.

    not be voidable, unless Kray knew about Quick’s insolvency.

    C.

    be voidable, because it was made within 90 days of the bankruptcy filing.

    D.

    be voidable, because it enabled Kray to receive more than it otherwise would receive from the bankruptcy estate.

    #632315
    MommyBear
    Member

    Taxlady–I want to say B because I think piercing the corporate veil has something to do with misappropriations of assets, right? If not, my answer is D.

    #632316
    Anonymous
    Inactive
    #632317
    Tax lady
    Participant

    It's D…the fraud would cause piercing of the veil

    REG 8/15/14 (73); 11/13/14 (82)-expired 🙁
    AUD 5/30/15 (80)
    BEC 11/28/15 (75)
    FAR 7/30/16

    Studying with CPAexcel and Ninja notes/MCQ's/Flashcards

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