Merrill Lynch & Co., Inc. & Subsidiaries - Page 62




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          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,              






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