- 7 - If, as petitioner contends, section 1.1502-14(d)(4), Income Tax Regs., functions solely to prevent gains and losses from being restored by section 1.1502-14(d)(3), Income Tax Regs., then it would be inapplicable where there had been no previous deferral under section 1.1502-14(d)(1), Income Tax Regs. However, the example set forth in the regulations at section 1.1502-14(d)(4)(iii), Income Tax Regs., disproves petitioner’s contention. In the example, a corporation receives a security from its newly formed subsidiary in a section 351 exchange, and the security is later redeemed.6 In 1966, when these regulations were implemented, and at all times through the year at issue, no gain or loss was recognized under the Code on the receipt of a 5(...continued) Regs., is inapplicable both to the 1977 stock redemption and the 1987 note redemption. 6 The full text of sec. 1.1502-14(d)(4)(iii), Income Tax Regs., is as follows: This subparagraph may be illustrated by the following example: Example. Corporation P forms a subsidiary, S, in a transaction to which section 351 applies and receives as a result of such transaction, in addition to stock, a security with a face value of $100 and a basis of $50. If the security is redeemed for $100, the $50 gain on redemption is deferred and is not taken into account until P ceases to be a member or the stock of S is treated as disposed of under this subparagraph.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011