- 62 - most of the relevant years, the applications were granted at least in part, but on one occasion the application was denied. Although the taxpayer in Roebling relied only upon section 302(b)(1) to support her contention that each of the redemptions qualified as a sale or exchange under section 302(a), she argued that the redemptions were integrated steps in a firm and fixed plan to redeem all of the preferred stock and that the redemptions in the aggregate resulted in a meaningful reduction of the taxpayer’s interest in Trenton Trust. Applying the same analysis used in cases involving section 302(b)(3), this Court held that the redemptions were integrated steps in a firm and fixed plan even though there was no binding commitment on the part of Trenton Trust to acquire the taxpayer’s shares or on the taxpayer’s part to tender her shares. The Court acknowledged that each redemption was subject to the financial condition of the bank and required regulatory approval, but emphasized that “this was about as firm and fixed a plan as a bank could have under the circumstances.” Roebling v. Commissioner, supra at 55. 7. Monson v. Commissioner In Monson v. Commissioner, 79 T.C. 827 (1982), a closely held corporation owned by the taxpayer and his children redeemed all of the children’s stock and a portion of the taxpayer’s stock on July 30, 1976. Immediately following the redemption, the taxpayer was the corporation’s sole shareholder. On August 2,Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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