Gary D. and Lindy H. Combrink - Page 17




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                              (A) In General.--Subsection (a) shall                   
                         apply if the distribution is substantially                   
                         disproportionate with respect to the                         
                         shareholder.                                                 
                              (B) Limitation.--This paragraph shall                   
                         not apply unless immediately after the                       
                         redemption the shareholder owns less than 50                 
                         percent of the total combined voting power of                
                         all classes of stock entitled to vote.                       
                              (C) Definitions.--For purposes of this                  
                         paragraph, the distribution is substantially                 
                         disproportionate if--                                        
                                   (i) the ratio which the voting                     
                              stock of the corporation owned by the                   
                              shareholder immediately after the                       
                              redemption bears to all of the voting                   
                              stock of the corporation at such time,                  
                         is less than 80 percent of--                                 
                                   (ii) the ratio which the voting                    
                              stock of the corporation owned by the                   
                              shareholder immediately before the                      
                              redemption bears to all of the voting                   
                              stock of the corporation at such time.                  
                              * * *                                                   
                         (3) Termination of shareholder’s interest.--                 
                    Subsection (a) shall apply if the redemption is in                
                    complete redemption of all of the stock of the                    
                    corporation owned by the shareholder.                             
                         (4) Redemption from noncorporate shareholder                 
                    in partial liquidation.--Subsection (a) shall                     
                    apply to a distribution if such distribution is--                 
                              (A) in redemption of stock held by a                    
                         shareholder who is not a corporation, and                    
                         (B) in partial liquidation of the distributing               
                    corporation.                                                      
                              *    *    *    *    *    *    *                         
                    (c) Constructive Ownership of Stock.--                            






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Last modified: May 25, 2011