Business Entity Choice and Federal Tax

Business Organization Form Choice Memorandum

Assignment Instructions

 

Overview

For much of this course you have considered the characteristics of the various forms of business organization. This assignment allows you to bring all of that together by considering the very important and practical questions surrounding which form of business organization and tax regime is best for a particular business.

 

Instructions

For this assignment you will draft a memorandum to your instructor (pretending that your instructor is the lawyer in a law firm where you are working as a paralegal) answering the following questions for your business that you discussed in your Getting Started Exercise Assignment:

  • Which state-law business entity form is most appropriate for your business?
  • Which federal tax regime is most appropriate for your business?

Much of the materials in the course should be helpful to you in preparing this memorandum. You must compare and contrast the advantages and disadvantages of each of the various state-law business entity forms (at a minimum, this should include the sole proprietorship or partnership, the limited liability company, and the corporation). You must also compare and contrast the advantages and disadvantages of each of the various federal tax regimes (disregarded entity taxation (Schedule C of the Form 1040 most likely), partnership taxation (Subchapter K of the Internal Revenue Code), s corporation taxation (Subchapter S of the Internal Revenue Code), and c corporation taxation (Subchapter C of the Internal Revenue Code).

 

Prepare your memorandum using the memorandum assignment template provided. Your memorandum should be in good Bluebook format, contain 1-inch margins, use 12-point Arial or New Times Roman font, be double-spaced (with footnotes, if used, in a smaller font, single-spaced, and indented), and follow the formatting of the memorandum assignment template provided.

 

You do not need a cover page or a bibliography, reference list, etc. Your memorandum must be at least 3,000 words in length and cite as well as utilize a minimum of 5 scholarly, academic or legal sources with a minimum of 2-3 sources utilized in answering each of the questions presented. Scholarly, academic, or legal sources provided in the course materials should be preferred to the extent that they are relevant to the assignment. Please note, this is not requiring merely a minimum of 5 citations but rather 5 sources. You should have numerous citations throughout your memorandum as every major assertion should be supported by a citation to relevant authority. Finally, please note that this assignment cannot be successfully completed in less than the required 3,000 words. If your memorandum is not at least 3,000 words in length, you are missing something and should contact your professor for assistance.

 

Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.

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