Question 5 1 pts For purposes of meeting the control requirement necessary for nonrecognition of gain under Section 351 et seq, control is defined as the ownership of stock possessing at least 80 percent of the total combined voting power of all classes of stock entitled to vote and at least 80 percent of the total number of shares of all other classes of stock of the corporation. O True O False
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The control requirement for nonrecognition of gain under Section 351 et seq. is defined as the ownership of stock possessing at least 80 percent of the total combined voting power of all classes of stock entitled to vote and at least 80 percent of the total number Show more…
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true or false when a corporation's share are owned by a few individuals who are associated with the firm's management , we say that the stock is closely held
Aparna S.
C and D jointly organized Z corporation. C transfers in property Z in exchange for $500 in cash and 45 shares of Z's stock. D transfers $500 in cash to Z in exchange for the other half of Z's stock (that is, the other 45 shares). Z also issues 5 shares of its stock to the lawyer in payment of the lawyer's bill for legal services in organizing Z. a. This is not a good 351 transaction since property transferors do not have control immediately afterwards. The lawyer has received shares for services. b. This is not a good 351 transaction because the property transferors do not control 80% of the shares since A only receives 45 shares. c. This transfer qualifies for non-recognition under 351. d. None of the above.
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Bob and Carl transfer property to Stone Corporation for 90% and 10% of Stone stock, respectively. Pursuant to a binding agreement concluded before the transfer, Bob sells half of his stock to Carl. Prepare a memorandum for your tax manager explaining why the exchange does not meet the Sec. 351 control requirement. Your manager has suggested that, at minimum, you consult the following authorities: - IRC Sec. 351 - Reg. Sec. 1.351-1
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