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AICPA Regulation - Blogs Sample Questions

Which of the following is correct about the law of corporations?





Correct Answer:
majority shareholders owe a fiduciary duty to their corporation
in corporate law, the concept of fiduciary duty plays a crucial role in defining the relationship and responsibilities that certain stakeholders have towards the corporation and each other. this duty is a legal or ethical relationship of trust, typically between two or more parties.

generally speaking, all directors and officers of a corporation owe fiduciary duties to the corporation itself. these duties primarily include the duty of care and the duty of loyalty, which require them to act prudently and in the best interests of the corporation, avoiding any personal conflicts of interest that could harm the corporation.

when it comes to shareholders, the scenario changes slightly depending on their role and the amount of control they exert. majority shareholders, who have controlling interests and can significantly influence corporate decisions, owe a fiduciary duty to the corporation. this means they must act in the best interest of the corporation and not for personal gain at the expense of the corporation. this duty is critical in preventing abuses of power where majority shareholders might make decisions that benefit them but are detrimental to the corporation or its minority shareholders.

moreover, in many jurisdictions, majority shareholders also owe fiduciary duties to minority shareholders. this is particularly important in protecting the interests of minority shareholders from actions by majority shareholders that could be oppressive, unfairly prejudicial, or that unfairly disregard the interests of the minority shareholders. this aspect of fiduciary duty helps maintain fairness and trust in the corporate governance process, ensuring that the corporation can operate in a manner that benefits all shareholders.

on the other hand, minority shareholders, who do not have control over the corporation or its decisions, generally do not owe a fiduciary duty to the corporation. their role is typically limited to that of investors, and they usually lack the power to dictate corporate policy or influence day-to-day operations. thus, the law does not impose on them the same responsibilities that it does on majority shareholders or directors.

in conclusion, it is accurate to state that majority shareholders owe a fiduciary duty to their corporation. this includes not only a duty to act in the best interest of the corporation but also extends to dealing fairly with minority shareholders, thereby ensuring that no group of shareholders is marginalized or unfairly treated in the corporate decision-making process.

Constructive receipt means that an item is _______________________________________.





Correct Answer:
unqualifiedly available without restriction


constructive receipt is a tax concept that refers to the point at which an individual or business is considered to have received income, even if the income has not physically been received. this means the funds are available to the taxpayer without any restrictions on their access to the income. for example, if a check is mailed to a taxpayer on december 31st but received on january 2nd, the irs may still consider the income to have been received on december 31st because it was available to the taxpayer without restriction.

the term "unqualifiedly available without restriction" underscores that the recipient must have full control over the funds for them to be considered in constructive receipt. there should be no conditions or limitations imposed on accessing these funds. for instance, if a bonus is credited to an employee's account at the end of the year but the employee cannot withdraw it until completing certain conditions, it is not considered to be in constructive receipt.

it's important to distinguish that not all receipts are considered income under the constructive receipt doctrine. for example, loan proceeds, which increase cash flow, are not treated as income because they come with an obligation to repay. similarly, a return of investment is not income but merely a recovery of the original investment.

likewise, not all payments are deductible when considering the rules of constructive receipt. for example, loan repayments are not deductible as they are considered a return of borrowed funds rather than an expense. additionally, expenses that benefit future years (like capital expenditures) generally must be capitalized and deducted over a period through depreciation or amortization, rather than fully deducted in the year paid.

understanding the principle of constructive receipt is crucial for accurate tax reporting and planning. it ensures that income is reported and taxes are paid in the correct tax year, aligning with the legal and regulatory frameworks that govern tax obligations.