Paul G. Gubbini - Page 17

                                       - 17 -                                         
          loss pursuant to section 1244 cannot exceed $50,000.  Sec.                  
          1244(b).  The term “section 1244 stock” is defined to mean stock            
          of a domestic corporation where:  (1) At the time of the stock's            
          issuance, the corporation had not received money or other                   
          property in excess of $1 million for its stock, as a contribution           
          to capital, or as paid-in surplus; (2) the stock was issued for             
          money or other property (other than stock or securities); and (3)           
          the corporation during its most recent 5 taxable years (or, if              
          less, the period during which the corporation has been in                   
          existence) derived more than 50 percent of its aggregate gross              
          income from sources other than royalties, rents, dividends,                 
          interest, annuities, and sales or exchanges of stocks or                    
          securities.  The third test, however, does not apply where the              
          amount of deductions allowed exceeds the amount of the                      
          corporation’s gross income.  Sec. 1244(c).  The Commissioner is             
          empowered to prescribe the regulations necessary to carry out the           
          purposes of section 1244.  Sec. 1244(e).  Pursuant to that                  
          authority, the Commissioner has issued regulations requiring a              
          taxpayer to have records sufficient to establish that the                   
          taxpayer is entitled to the loss and satisfies the requirements             
          of section 1244.5  Sec. 1.1244(e)-1(b), Income Tax Regs.  We have           

          5                                                                           
               The Commissioner’s regulations previously required taxpayers           
          claiming a loss pursuant to sec. 1244 to attach an information              
          report to the return in which the loss was claimed showing the              
          address of the corporation issuing the stock, the manner in which           
                                                             (continued...)           




Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011