- 8 - (B) to which section 361 applies by reason of a plan of reorganization within the meaning of section 368(a)(1)(D), if the sum of the amount of the liabilities assumed, plus the amount of the liabilities to which the property is subject, exceeds the total of the adjusted basis of the property transferred pursuant to such exchange, then such excess shall be considered as a gain from the sale or exchange of a capital asset or of property which is not a capital asset, as the case may be. Thus, for present purposes, section 357(a) provides the general rule that, in a section 351 nonrecognition exchange, the effect of section 351 is not nullified even though as part of the consideration the transferee assumes a liability of the transferor, or acquires property in the exchange which is subject to a liability. Then, section 357(c)(1) provides an exception to the general rule; namely, that if the sum of the liabilities assumed plus the amount of the liabilities to which the transferred property is subject exceeds the adjusted basis of the property, then the excess is treated as a gain from the sale or exchange of property. Respondent argues that, by virtue of section 357(c)(1), petitioners must recognize gain resulting from the transfer to their wholly owned corporation of property subject to liabilities in excess of petitioners' basis in the property.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011