Question

At a point when Robin Corporation has been in existence for six years, shareholder Ted transfers real estate (with an adjusted basis of $20,000 and fair market value of $100,000) to the corporation for additional stock. At the same time, Peggy, the other shareholder, acquires one share of stock for cash. After the two transfers, the percentages of stock ownership are as follows: 79% is owned by Ted and 21% by Peggy.a. What were the parties trying to accomplish?Ted is attempting to meet the (control/ property/ substituted basis/ exchange for stock) requirement of § 351. In order to qualify as a (taxable/ nontaxable) exchange under § 351, Peggy must join Ted in the transaction. If the requirements are not met, $________ on the transfer will be recognized as a (gain/ loss) to Ted.b. Complete the following statement regarding whether this plan will work.The Regulations provide that stock issued for property whose value is (equal/ relatively small/ relatively large) compared to the (fair market value of the assets/ value of the stock already owned) will not be treated as issued in return for property.

Answer 1

Answer:

In compliance with IRS 351, gain / loss must be acknowledged when the property is sold to the cooperative in order to gain control after the sale.

Solution (A)

In order to be eligible as a non-taxable trade UIS 351, Ted is attempting to meet the control criteria of section 351, Peggy must join Ted in the transaction. When the specifications are not met, Ted will be recognized as a gain by $80000 on the transfer.

Solution (B)

The legislation provides that stock granted for property whose value is comparatively small is not treated as issued in return for property compared with the value of stock already owned.