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| "Doug" <leon9704[at]gmail.com> wrote: - quote - > A taxpayer sold her patent to a company for 40,000 shares of
Because it's not a nontaxable exchange.> 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. - quote - > The only relevent code I can find is section 351. However
Then look at Sections 354 and 368.> that requires the taxpayer to have control of the company > and it doesn't apply here. 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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| 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. > << ================================================== ===== > |
| Tags |
| exchange, patent, stock |
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