T.P. and Najieh R. Crigler - Page 11




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               Congress intended section 1244 to encourage taxpayers to               
          invest new funds in small businesses, rather than provide                   
          favorable tax treatment for losses suffered by investment and               
          holding companies.  H. Rept. 2198, 85th Cong., 1st Sess. (1958),            
          1959-2 C.B. 709, 711; Bates v. United States, 581 F.2d 575, 580             
          (6th Cir. 1978); Davenport v. Commissioner, 70 T.C. 922, 926                
          (1978).                                                                     
               The Secretary is authorized to prescribe regulations needed            
          to carry out the purposes of section 1244.  Sec. 1244(e).                   
          Pursuant to that authority, the Secretary issued regulations                
          which provide that the taxpayer must show that the corporation              
          was “largely an operating company”3 during the 5-year period                
          described above even if the gross receipts requirement does not             


               3  Congress intended to limit application of sec. 1244 to              
          companies which are largely operating companies.  The legislative           
          history states in pertinent part:                                           
                              III. GENERAL EXPLANATION                                
                              *   *   *   *   *   *   *                               
               Section 2. Losses on Small-Business Stock                              
                              *   *   *   *   *   *   *                               
               Your committee also has imposed a restriction designed                 
               to limit this tax benefit to companies which are                       
               largely operating companies.  Thus, the corporation, in                
               the 5 years before the taxpayer incurs the loss on the                 
               stock, must have derived more than half of its gross                   
               receipts from sources other than royalties, rents,                     
               dividends, interest, annuities, and the sale of stock                  
               or securities.  [H. Rept. 2198, 85th Cong., 1st Sess.                  
               (1958), 1959-2 C.B. 709, 711; emphasis added.]                         




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