- 14 - 4. Whether the AVCO Stock Was “Property” Deferral under section 1.1502-14(d)(4), Income Tax Regs., is required only if the obligation is received by a member in exchange for property. See sec. 1.1502-14(d)(4)(i)(a), Income Tax Regs. The term “property” is undefined in the regulations. The parties agree that Paul Revere received the AVCO note in a redemption satisfying the requirements of section 302. Petitioner argues that because stock of the distributing corporation is not considered property in a section 302 transaction, the reference in section 1.1502-14(d)(4), Income Tax Regs., to “property” excludes the AVCO stock given up by Paul Revere in the stock redemption.10 Petitioner further argues that this reading is consistent with the economic substance of the transaction because this would permit petitioner to recognize and take into account the substantial economic loss that Paul Revere realized in the redemptions. The pre-1966 consolidated return regulations deferred to Code definitions when a word used in the regulations was not specifically otherwise defined.11 See Foster v. Commissioner, 10Sec. 317(a) provides: “For purposes of this part * * * [secs. 301 through 318], ‘property’ means money, securities, and any other property; except that such term does not include stock in the corporation making the distribution (or rights to acquire such stock).” 11T.D. 6894, 1966-2 C.B. 362, promulgated new consolidated return regulations under sec. 1502 of the 1954 Code. The new (continued...)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