Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 7

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                         (b) Requirements To Qualify for Nonrecognition.--A           
                    sale of qualified securities meets the requirements of            
                    this subsection if–                                               
                         (1) Sale to employee organizations.--The qualified           
                    securities are sold to–                                           
                              (A) an employee stock ownership plan (as                
                         defined in section 4975(e)(7)), or                           
                              (B) an eligible worker-owned cooperative.               
                         *    *    *    *    *    *    *                              
                         (3) Written statement required.--                            
                              (A) In general.--The taxpayer files with the            
                         Secretary the written statement described in                 
                         subparagraph (B).                                            
                              (B) Statement.--A statement is described in             
                         this subparagraph if it is a verified written                
                         statement of –                                               
                                   (i) the employer whose employees are               
                              covered by the plan described in paragraph              
                              (1), or                                                 
                                   (ii) any authorized officer of the                 
                              cooperative described in paragraph (1),                 
                         consenting to the application of sections 4978 and           
                         4979A with respect to such employer or                       
                         cooperative.                                                 
                         *    *    *    *    *    *    *                              
                    (c) Definitions; Special Rules. * * *                             
                         *    *    *    *    *    *    *                              
                         (6) Time for filing election.--An election under             
                    subsection (a) shall be filed not later than the last             
                    day prescribed by law (including extensions thereof)              
                    for filing the return of tax imposed by this chapter              
                    for the taxable year in which the sale occurs.                    







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Last modified: May 25, 2011