T.P. and Najieh R. Crigler - Page 10




                                       - 10 -                                         
                                       OPINION                                        
          A.   Whether Petitioner’s FabuGlass Stock Qualifies as Section              
               1244 Stock                                                             
               1.   Requirements for Section 1244 Stock                               
               Generally, when corporate stock becomes worthless, the loss            
          is a capital loss.  However, an individual who has what would               
          otherwise be a capital loss on stock that qualifies as section              
          1244 stock may treat up to $50,000 ($100,000 in the case of a               
          joint return) of the loss as an ordinary loss.  Sec. 1244(a),               
          (b), (d)(1)(B).  Section 1244 stock is stock of a domestic                  
          corporation if:  (1) At the time that stock is issued, the                  
          corporation had not received money or other property in excess of           
          $1 million for its stock as a contribution to capital or as paid-           
          in surplus; (2) the stock was issued for money or other property            
          other than stock or securities; and (3) the corporation, during             
          its 5 most recent taxable years (or, if less, the period during             
          which the corporation has been in existence) ending before the              
          date the loss in question was sustained, derived more than 50               
          percent of its aggregate gross receipts from sources other than             
          royalties, rents, dividends, interest, annuities, and sales or              
          exchanges of stocks or securities.  Sec. 1244(c)(1).  The gross             
          receipts requirement does not apply if, for the 5-year period               
          described above, the amount of deductions allowed by Chapter 1              
          (other than by sections 172, 243, 244, and 245) exceeds the                 
          amount of the corporation’s gross income.  Sec. 1244(c)(2)(C).              





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