- 21 - determination that the transaction was used principally as a device. Id. Factors that are relevant in weighing the strength of the business purpose include: (1) The importance of achieving the purpose to the success of the business; (2) the extent to which the transaction is prompted by a person not having a proprietary interest in either corporation, or by other outside factors beyond the control of the distributing corporation; and (3) the immediacy of the conditions prompting the transaction. Sec. 1.355-2(d)(3)(ii)(A),(B) and (C), Income Tax Regs. As reflected in our findings of fact, two strong corporate business purposes for the spin-off are present in this case. If Mr. Deckard had carried out his plans to build and operate a funeral home in Oblong in competition with Homes it would have divided the funeral business in that area, thus having an adverse impact on Homes' profits. In addition, the services of an experienced funeral director and key employee (Mr. Deckard) would have been lost to the Homes organization. These purposes were vitally important to the continued success of Homes' business. The transaction was prompted by the actions of Mr. Deckard, who had no proprietary interest in Homes at that time. The immediate possible threat of competition to Homes in Oblong prompted the transaction. Independent Corporate Business Purposes Section 1.355-2(b)(1), Income Tax Regs., provides an affirmative requirement that a spin-off have one or morePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011