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Old 05-04-2006, 02:45 AM
Stuart A. Bronstein
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Default Re: Patent exchange for stock

"Doug" <leon9704[at]gmail.com> wrote:

- quote -

> A taxpayer sold her patent to a company for 40,000 shares of
> common stock (has a fmv of $2m and represents 3% ownership).


> > Question: what's the tax treatment of this transaction?
> > Under which code?


> It seems to be a nontaxable exchange--- the taxpayer will
> have $0 basis in the stock after the transaction and will
> recognize long-term capital gain upon sale of the stock.
> But I can't find a irc code that talks about this.


Because it's not a nontaxable exchange.

- quote -

> The only relevent code I can find is section 351. However
> that requires the taxpayer to have control of the company
> and it doesn't apply here.


Then look at Sections 354 and 368.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
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Old 05-03-2006, 06:05 AM
Doug
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Posts: n/a
Default Patent exchange for stock

A taxpayer sold her patent to a company for 40,000 shares of
common stock (has a fmv of $2m and represents 3% ownership).

- quote -

> Question: what's the tax treatment of this transaction?
Under which code?

It seems to be a nontaxable exchange--- the taxpayer will
have $0 basis in the stock after the transaction and will
recognize long-term capital gain upon sale of the stock.

But I can't find a irc code that talks about this.

The only relevent code I can find is section 351. However
that requires the taxpayer to have control of the company
and it doesn't apply here.

You help is appreciated.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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exchange, patent, stock
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