Final answer:
The $70,000 distribution by Gopher, Inc. is considered a dividend for tax purposes because it is less than the starting accumulated E&P of $100,000, despite the negative current E&P incurred during the year.
Step-by-step explanation:
The character of the distribution by Gopher, Inc. can be understood by looking at the company's current and accumulated Earnings and Profits (E&P). E&P is a measure used in corporate tax law to determine the ability of a company to pay dividends to its shareholders.
At the beginning of 2019, Gopher, Inc. had an accumulated E&P of $100,000, but during the year, it incurred a negative current E&P of $40,000. The distribution to shareholders was $70,000, which was made on January 1, 2019. To determine the character of the distribution, we must consider both the current and accumulated E&P.
Here's the step-by-step breakdown:
Since the distribution ($70,000) is less than the beginning accumulated E&P ($100,000), the entire distribution is considered to come from the E&P, and therefore, it would be characterized as a dividend to the extent of E&P.
However, the current year negative E&P reduces the accumulated E&P. So, the accumulated E&P at the year end would be $60,000 ($100,000 - $40,000).
Ultimately, the character of the $70,000 distribution would be fully considered as a dividend, since it is less than the year-end accumulated E&P.
Thus, for tax purposes, Gopher's distribution is characterized as a dividend.