Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 6

                                        - 6 -                                         
          dated October 11, 2000.  The second amended tax return computed             
          the same amount of tax owed as the amended tax return but                   
          differed from the amended tax return by the attachment of a                 
          statement of election under section 1042 predated to March 4,               
          1997, a statement of consent from the company consenting to the             
          application of sections 4978 and 4979A predated to March 4, 1997,           
          and a statement of petitioner’s purchase of qualified replacement           
          property predated to March 2, 1998.                                         
                                       OPINION                                        
               Section 1042 provides, generally, that a taxpayer may elect            
          to defer recognition of the gain from a sale of stock to an ESOP            
          in certain circumstances.  In relevant part, section 1042                   
          provides:                                                                   
               SEC. 1042(a). Nonrecognition of Gain.--                                
                    If–-                                                              
                         (1) the taxpayer or executor elects in such form             
                    as the Secretary may prescribe the application of this            
                    section with respect to any sale of qualified                     
                    securities,                                                       
                         (2) the taxpayer purchases qualified replacement             
                    property within the replacement period, and                       
                         (3) the requirements of subsection (b) are met               
                    with respect to such sale,                                        
               then the gain (if any) on such sale which would be                     
               recognized as long-term capital gain shall be recognized               
               only to the extent that the amount realized on such sale               
               exceeds the cost to the taxpayer of such qualified                     
               replacement property.                                                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011