- 406 - It is our view that Kanter’s transfer of his grantor trusts’ real estate partnership interests to Cashmere and the series of transactions which followed thereafter constituted a tax avoidance purpose under section 357(b). The parties agree that the trusts were grantor trusts with respect to which Kanter was the "deemed owner". The grantor trust rules generally provide that any taxpayer treated as the deemed owner of any portion of a trust will include in the computation of his own taxable income those items of income, deductions and credits against tax of the trust which are attributable to the taxpayer's portion of the trust. See secs. 671-679. Section 1001 provides the general rules regarding the computation and recognition of gain or loss from the sale or other disposition of property. Section 1001(c) provides that "except as otherwise provided in this subtitle, the entire amount of the gain or loss on the sale or exchange of property * * * shall be recognized." Section 351 sets forth a significant exception to the recognition provisions. It provides that no gain or loss is recognized when a taxpayer transfers property to a controlled corporation solely in exchange for the corporation's stock. See Sec. 351(a). Property, for the purposes of section 351, includes partnership interests. The purpose for the nonrecognitionPage: Previous 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 Next
Last modified: May 25, 2011