- 8 - Combrink’s transfer of the LINKS stock to COST is not covered by the section 304(b)(3)(B) exception. In respondent’s view, the evidence fails to establish that the liability released by COST was incurred to acquire the transferred LINKS stock. Respondent therefore alleges that the transaction must be taxed as a dividend in accordance with sections 302(d) and 301. Thus, as framed by the parties’ contentions, resolution of this matter requires determining the applicability of section 304 to the December 1996 transfer of LINKS stock. In considering this broad question, we address in turn, to the extent relevant, each of three subissues. The first is whether the subject transaction is, absent any exception, of a type intended to be covered by section 304(a). If yes, the second question is whether section 304(b)(3)(B) exempts the transfer from the redemption characterization that subsection (a) would otherwise require. Third, it will be necessary to analyze the appropriate tax treatment in light of the answers given to the foregoing inquiries. I. The General Rule--Section 304(a) As previously indicated, section 304 mandates that certain transactions involving shares in related corporations be recast for tax purposes as redemptions. The general rule is set forth in section 304(a) and provides in relevant part as follows: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