- 10 - qualify for section 355 nonrecognition treatment on two separate and independent grounds: (1) The contemporaneous redemption and distribution fail to satisfy the requirements of section 355(b) as to active trade or business.5 Specifically, respondent argues that, although 5 SEC. 355(b) provides: (b) Requirements as to Active Business.-- (1) In general.--Subsection (a) shall apply only if either- (A) the distributing corporation, and the controlled corporation (or, if stock of more than one controlled corporation is distributed, each of such corporations), is engaged immediately after the distribution in the active conduct of a trade or business, or (B) immediately before the distribution, the distributing corporation had no assets other than stock or securities in the controlled corporations and each of the controlled corporations is engaged immediately after the distribution in the active conduct of a trade or business. (2) Definition.--For purposes of paragraph(1), a corporation shall be treated as engaged in the active conduct of a trade or business if and only if-- (A) it is engaged in the active conduct of a trade or business, or substantially all of its assets consist of stock and securities of a corporation controlled by it (immediately after the distribution) which is so engaged, (B) such trade or business has been actively conducted throughout the 5-year period ending on the date of the distribution, (C) such trade or business was not acquired (continued...)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