- 13 - restore deferred gains and losses if the members of the terminating group become members of another group). The subject loss, therefore, would have continued to be deferred in the year in which petitioner now claims it is deductible. Petitioner seeks a result different from a cash redemption relying on the mere fact that AVCO redeemed the stock for a note rather than cash. We do not believe that this distinction in fact leads to a different result. Petitioner offers no explanation why the consolidated return regulations would give effect to gains and losses realized in intercompany redemptions paid for with debt but not those realized in intercompany redemptions paid for by cash or other property. In fact, we understand petitioner to concede that Paul Revere’s status as a member of the Textron group at the time the loss was realized on the note redemption satisfies the membership requirement of section 1.1502-14(d)(4)(i)(a), Income Tax Regs. (“A member received an obligation of another member in exchange for property”), even though Paul Revere was not a member of the Textron group at the time it received the AVCO note in exchange for the AVCO stock. We conclude that Paul Revere is a member for purposes of section 1.1502-14(d)(4)(i)(c), Income Tax Regs., and that the AVCO note was never held by a nonmember.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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