Question

Bonnie and Clyde are the only two shareholders in Getaway Corporation. Bonnie owns 60 shares with a basis of $3,000, and Clyde owns the remaining 40 shares with a basis of $12,000. At year-end, Getaway is considering different alternatives for redeeming some shares of stock. Evaluate whether each of the following stock redemption transactions will qualify for sale and exchange treatment.a) Getaway redeems 10 of Bonnie’s shares for $2,000. Getaway has $20,000 of E&P at year-end and Bonnie is unrelated to Clyde.b) Getaway redeems 25 of Bonnie’s shares for $4,000. Getaway has $20,000 of E&P at year-end and Bonnie is unrelated to Clyde.c) Getaway redeems 10 of Clyde’s shares for $2,500. Getaway has $20,000 of E&P at year-end and Clyde is unrelated to Bonnie.

Answer 1

Solution and Explanation:

a) Getaway recovers 10 of Bonnie's offers for $2,000. Escape has $20,000 of E&P at year-end and Bonnie is irrelevant to Clyde.  

Bonnie possesses 60% before the recovery and 56% after the reclamation (50/90).Thus, the reclamation will bomb the half test in § 302(b)(2). Since Bonnie despite everything has control of the partnership after the recovery (over half) the reclamation will probably bomb the not basically comparable to a profit test under §302(b)(1).  

b) Getaway recovers 25 of Bonnie's offers for $4,000. Escape has $20,000 of E&P at year-end and Bonnie is inconsequential to Clyde.  

Bonnie possesses 60% before the reclamation and 46% after the recovery (35/75).In expansion, a lot of the extraordinary stock after the recovery has dropped by over $(80 \% \times 60 \%=48 \%)$ of her rate proprietorship before the recovery (60% previously and 46% afterwards).Thus, the reclamation breezes through both the half assessment and the 80% test in § 302(b)(2).This implies that Bonnie will regard her reclaimed offers as if she sold them for $4,000 bringing about a capital addition of$2,750.

c) Getaway reclaims 10 of Clyde's offers for $2,500. Escape has $20,000 of E&P at year-end and Clyde is inconsequential to Bonnie.  

Clyde claims 40% before the reclamation and 33% after the recovery (30/90).However, a lot of the exceptional stock has not dropped by more than80% since his possession rate would need to be below 32%, and his proprietorship rate is 33%.Thus, the reclamation passes the 50%test yet bombs the 80% test in § 302(b)(2).This reclamation may even now qualify as a reclamation not basically comparable to a profit under § 302(b)(1).Clyde doesn't have control of the enterprise (Bonnie does), and he has endured a huge decrease in his proprietorship.