- 16 - The evidence adduced at trial reveals that Bancorp stock was traded by a single broker; stock quotations could be obtained only from that broker; during a ten- year period, the broker advertised the Bancorp stock only six or eight times, in a newspaper of local circulation; and only the issuer of the stock maintained records of sales transactions. In view of these facts, treating the Bancorp stock as qualified appreciated stock would not be consistent with the expressed intention of Congress to limit the exception for qualified appreciated stock to “certain situations in which the potential for abuse, including overvaluation, is minimized.” * * * Respondent points out that petitioners concede that the shares were not part of an issue of securities that satisfied any of the circumstances described in section 1.170A-13(c)(7)(xi)(A), Income Tax Regs. C. Discussion 1. Tax Reform Act of 1984 We begin with an examination of two sections of the Tax Reform Act of 1984 (Tax Reform Act of 1984 or TRA), Division A of the Deficit Reduction Act of 1984, Pub. L. 98-369, 98 Stat. 494. The first section is TRA section 155, 98 Stat. 691, which gives rise to the substantiation requirements and, in subsection (a)(6)(C), defines the term “publicly traded securities” to mean “securities for which (as of the date of the contribution) market quotations are readily available on an established securities market”.4 The second section is TRA section 301(b), 98 Stat. 4 While TRA sec. 155 gives rise to the substantiation requirements, it does not impose them, but directs the Secretary (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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