- 9 - property that is held for investment (and that is not a passive activity) and (2) property that normally produces interest, dividend, or royalty income." S. Rept. 99-313 at 728 (1986), 1986-3 C.B. (Vol. 3). (Emphasis added.) This committee report runs counter to petitioners' assertions as set forth in their brief that stock must produce a dividend before it is "property held for investment". The report indicates that Congress did not require the payment of interest, dividends, etc. Section 163(d)(5)(A)(i) refers to section 469(e)(1) for one definition of "property held for investment". Inasmuch as portfolio income under section 469(e)(1) includes property that "normally produces" interest, dividends, etc., it follows that the reference to section 469(e)(1) in section 163(d)(5) would also include property which "normally produces" dividends. Certainly, stock is the kind of property that "normally produces" dividends. Would petitioners' position be different here if the corporation had paid only a very small dividend over the years? Moreover, on the record in this case, the possibility of dividends being paid was clearly contemplated by the buyers and sellers of the stock. Indeed, the agreement of sale of the stock explicitly recognized that the purchasers would be entitled to "all of the dividends from the stock", subject only to the written consent of the sellers prior to the payment in full of the purchase price. That condition is not at all to be regarded as uncommon where there is a sale of all the stock of aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011