Garber Industries Holding Co., Inc. - Page 7

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          Paragraph (h)(6)(iv) provides further that, if an individual may            
          be treated as a member of more than one family under paragraph              
          (h)(6)(ii), such individual will be treated as a member of the              
          family with the smallest increase in percentage ownership (to the           
          exclusion of all other families).                                           
          II.  Arguments of the Parties                                               
               A.  Petitioner’s Argument                                              
               Petitioner argues that, although siblings are not family               
          members described in section 318(a)(1), Charles and Kenneth are             
          nonetheless members of the same family when such determination is           
          made by reference to their parents and grandparents.  That is, as           
          sons, they are both members of each family consisting of a parent           
          and that parent’s family members described in section 318(a)(1).            
          Similarly, as grandsons, they are both members of each family               
          consisting of a grandparent and that grandparent’s family members           
          described in section 318(a)(1).  Accordingly, petitioner argues,            
          Charles and Kenneth are treated as one individual under section             
          382(l)(3)(A)(i), with the result that transactions between them             
          are disregarded for purposes of section 382.                                




               6(...continued)                                                        
          Income Tax Regs., 52 Fed. Reg. 29686 (Aug. 11, 1987).  That                 
          exception in turn does not apply if the loss corporation has                
          actual knowledge of such family member’s stock ownership.  Id.;             
          sec. 1.382-2T(k)(2), Temporary Income Tax Regs., supra at 29694.            





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