Garber Industries Holding Co., Inc. - Page 25

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          attribution rules of section 382(l)(3)(A)) of the loss                      
          corporation.  Inasmuch as an individual shareholder’s family                
          consists solely of his spouse, children, grandchildren, and                 
          parents for these purposes, sibling shareholders are not                    
          aggregated under section 382(l)(3)(A)(i) if none of their parents           
          and grandparents is a shareholder of the loss corporation.23                
          Since Kenneth and Charles were not children or grandchildren of             
          an individual shareholder of petitioner at any relevant time,               
          they are not aggregated for purposes of applying section 382 to             
          the facts of this case.  It follows that Charles’s purchase of              
          shares from Kenneth in 1998 resulted in an ownership change with            
          respect to petitioner as contemplated in section 382(g).                    







               23  We recognize that our interpretation of the statute                
          suggests a distinction between siblings who are the children or             
          grandchildren of a shareholder and those who are not, a                     
          distinction that is arguably just as arbitrary as the                       
          distinctions resulting from respondent’s interpretation of the              
          statute.  See supra part III.D.2.b.  That problem would not arise           
          if the tiebreaker rule of sec. 1.382-2T(h)(6)(iv), Temporary                
          Income Tax Regs., supra at 29686, were inapplicable in any                  
          instance in which such application would have the effect of                 
          exempting a transaction (such as a sale between siblings) that              
          otherwise would have increased the percentage ownership of the              
          purchaser’s family unit.  Cf. sec. 1.382-4(d)(6)(i), Income Tax             
          Regs. (rules treating an option as exercised do not apply if a              
          principal purpose of the option is to avoid an ownership change             
          by having it treated as exercised); T.D. 9063, 2003-2 C.B. 510,             
          511 (discussing the need for additional regulations dealing with            
          changes in family composition in the context of sec. 382).                  




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