Investment Research Associates - Page 347




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               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 nonrecognition                   






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