Identify Which of the Following Statements Is False

question 20

Multiple Choice

Identify which of the following statements is false.

• A)A Sec. 338 election usually triggers taxation to the target corporation.
• B)A Sec. 338 election must be made not later than the fifteenth day of the ninth month following the first stock acquisition in a series of acquisitions that leads to 80% or more stock ownership.
• C)When a Sec. 338 election is made, the target corporation is treated as having sold all of its assets at their FMV at the close of the acquisition date.
• D)In a Sec. 338 deemed sale election, the shareholders of the target corporation sell their stock to the acquiring corporation.

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Definitions:

Breach of Contract

The violation of any term or condition in a contract without lawful excuse.

Letter of Acceptance

A document that officially acknowledges the acceptance of an offer or proposal, typically relating to educational admission, job offers, or contractual agreements.

Satisfactory Financing

Obtaining a loan or financial backing on terms acceptable to the party or parties involved, typically within a certain timeframe.

Void for Uncertainty

A legal term for a contract or clause that is unenforceable due to its terms being too vague or ambiguous to be understood.