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ABC Corp Elected to Be Taxed as an S Corporation When

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ABC Corp. elected to be taxed as an S Corporation when it was initially formed. During its first three years of existence, it reported passive investment income in excess of 25 percent of its gross receipts. Is ABC's S election terminated under the excess passive investment income test? If so, what is the effective date of the termination? If not, why not?

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Definitions:

Back-end Load

A fee paid by investors when they sell shares of a mutual fund, often decreasing over time the longer shares are held.

Annual Fees

Charges that must be paid yearly for membership or participation, often associated with credit cards, investment funds, and various types of subscriptions.

Futures

Financial contracts obligating the buyer to purchase an asset, or the seller to sell an asset, at a predetermined future date and price.

Options

Financial derivatives that provide the holder the right, but not the obligation, to buy or sell an asset at a predetermined price on or before a specific date.

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