Nathaniel H. and Carol A. Garfield - Page 5

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          such a transfer is made to a related person as defined in                   
          section 267(b).  See sec. 1235(d).  For purposes of section                 
          1235, a corporation and an individual owning more than 25                   
          percent of such corporation are related persons.  Sec.                      
          267(b)(2).                                                                  
               The patent rights to the expansible fastener were                      
          transferred to the partnership by Mr. McSherry on July 10, 1969,            
          the same date that he filed an application with the U.S. Patent             
          Office.  On that date, Mr. Garfield was an equity partner in the            
          partnership but did not hold any patent rights associated with              
          the expansible fastener.  Mr. Garfield transferred all of his               
          patent rights to MPC after October 10, 1970.  On that date, and             
          thereafter, Mr. Garfield had a 36-percent interest in MPC.                  
          Because Mr. Garfield owned more than 25 percent of the stock of             
          MPC, he and MPC were related persons.  Secs. 267(b)(2),                     
          1235(d)(1).  Thus, pursuant to section 1235, royalty payments               
          from MPC to Mr. Garfield do not qualify for long-term capital               
          gain treatment.  Petitioners contend that Mr. Garfield and Mr.              
          McSherry signed a forbearance agreement in 1969 that transferred            
          to the partnership all substantial rights to any patents; that              
          this transfer qualifies for long-term capital gain treatment                
          pursuant to section 1235(a); and that upon formation of MPC in              
          1970, the terms of the purported forbearance agreement carried              
          over to the shareholders of MPC, thereby qualifying the reported            






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