If an Instrument Is Determined to Be Nonnegotiable, and a Dispute

question 82

Multiple Choice

If an instrument is determined to be nonnegotiable, and a dispute arises, Article 3 will:

• A) apply the same as it does in the case of disputes involving negotiable instruments with the exception that the rights and remedies available to the parties are more flexible for nonnegotiable instruments under Article 3 (because the potential consequences to holders is less of a financial burden)
• B) apply as long as the instrument has not been assigned to a third party
• C) not apply and the parties will need to resolve their dispute with reference to the common law of contracts
• D) not apply and the parties will resolve their dispute with reference to the sale of goods under Article 2
• E) none of the other choices

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Definitions:

Real Estate Professional

An individual who spends the majority of their working hours in real property businesses, meeting specific IRS criteria.

Passive Activity

Financial activities in which the taxpayer does not materially participate, often generating passive income or losses for tax purposes.

Rental Losses

Financial losses incurred from renting out property, often deductible under specific conditions on a taxpayer's return.

Active Income

Earnings received from direct labor or active business activities, as opposed to passive income from investments.