-395- the related party purchaser then resells the property (the second disposition) within 2 years after the first disposition and before the original seller has received all payments due with respect to the first disposition, the amount realized by the related party on the second disposition is treated as a payment received at that time by the original seller. Section 453(e)(7) provides that subsection (e) shall not apply to a second disposition if neither the first disposition nor the second disposition had as one of its principal purposes the avoidance of Federal income tax. Section 453(f)(1)(A) and (B) defines the term “related person” for purposes of section 453(e) as a person whose stock would be attributed under section 318(a) (other than paragraph (4) thereof) to the person first disposing of the property or a person who bears a relationship described in section 267(b) to the person first disposing of the property. Waco’s stock was owned entirely by the Bea Ritch Trusts, and the beneficiaries of the Bea Ritch Trusts were members of Kanter’s family. In addition, Kanter’s family members were the beneficiaries of Kanter’s grantor trusts. Because the Waco stock owned by the Bea Ritch Trusts is considered owned by the beneficiaries of the Bea Ritch Trusts under section 318(a)(2)(B)(i), and those same beneficiaries are also the beneficiaries of Kanter’s grantor trusts, ownership of the WacoPage: Previous 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 Next
Last modified: May 25, 2011