- 23 - bill in its expanded definition of related taxpayers, but provided special rules for sales or exchanges between controlled group members. The Senate bill generally would have allowed the party transferring property to a member of the same controlled group to recognize the loss in the year that the loss property was disposed of outside the controlled group.12 11(...continued) provisions of section 267 * * * to transactions between certain controlled corporations. For purposes of these loss disallowance and accrual provisions, corporations will be treated as related persons under the controlled corporation rules of section 1563(a), except that a 50- percent control test will be substituted for the 80- percent test. (These rules are not intended to overrule the consolidated return regulation rules where the controlled corporations file a consolidated return.) [H. Rept. 98-432 (Vol. 2), at 277 (1984); fn. ref. omitted.] 12 Section 180 of the Senate bill provided in pertinent part: (c) Deferral (Rather Than Denial) of Loss From Sale or Exchange Between Members of a Controlled Group.--Section 267 * * * is amended by adding at the end thereof the following new subsection: “(g) Deferral of Losses From Sales or Exchanges Between Members of Controlled Groups.--In the case of any loss from a sale or exchange of property between members of the same controlled group to which subsection (a)(1) applies (determined without regard to this subsection)-- “(1) subsections (a)(1) and (d) shall not apply to such loss, but “(2) no deduction shall be allowed with respect to such loss to the transferor of such property until the first taxable year of such transferor in which the transferee-- (A) sells, exchanges or otherwise disposes of such property (or exchanged basis property with respect to such property) to a person other than a (continued...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011