- 11 - property exceeds the property's adjusted basis in the hands of the distributing corporation, the corporation must recognize a gain as if the property were sold to the shareholder at its FMV. Section 1.301-1(j), Income Tax Regs., provides that when an individual shareholder purchases property from a corporation for an amount less than the property's FMV, the shareholder may be deemed to have received a distribution to which section 301 applies, i.e., a dividend, to the extent the FMV exceeds the amount paid by the shareholder for the property. See Palmer v. Commissioner, 302 U.S. 63, 69-70 (1937); Green v. United States, 460 F.2d 412, 419 (5th Cir. 1972); Brittingham v. Commissioner, 66 T.C. 373, 409-410 (1976), affd. per curiam 598 F.2d 1375 (5th Cir. 1979). The term "dividend" is defined in section 316(a) as a distribution of property by a corporation to its shareholders out of its earnings and profits. Dividends are includable in the gross income of a shareholder to the extent of the corporation's earnings and profits for the calendar year when the dividend is paid, along with accumulated earnings and profits. See secs. 301(c)(1), 316(a); Truesdell v. Commissioner, 89 T.C. 1280, 1294- 1295 (1987). There is no requirement that the dividend be formally declared or even intended by the distributing corporation. Sachs v. Commissioner, 277 F.2d 879 (8th Cir. 1960), affg. 32 T.C. 815 (1959).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011