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Facts:
Issues:
Problem 1) What are the tax consequences to S of the proposed transaction?
Problem 2) If the transaction could be treated as a capital contribution (instead of a stock issuance), what would be the tax consequences to S?
Problem 3) Is it possible for S to characterize the issuance as a capital contribution?
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Art plans to leave the profits in the business for several years, sell the business, and retire. Would you advise art to incorporate the business or operate it as a sole proprietorship? Provide reasons for your answer.
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How much would the Return on Equity change (increase or decrease in percentage) in response to the change in the capital structure?
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