* Being named a trustee of a trust, or executor of an estate, holding voting stock of the redeeming
corporation, provided such interest (the right to vote the stock) arises from the terms of a decedent's will.
Generally, under the proposed regulations, a taxpayer can take a loss attributable to the redeemed stock's basis (not previously considered) into account when, and to the extent that, the shareholder must take into account gain from an actual or deemed stock sale or exchange of redeeming
corporation stock (the "accelerated inclusion date") and the balance when the facts and circumstances causing the redemption to be treated as a dividend distribution no longer exist (the "final inclusion date").
1986), a redeemed shareholder had a post-redemption consulting agreement with the redeeming
The redemption does not result in a dividend (and consequently there is no basis shift) because, viewing the transaction as a whole, the redemption results in a reduction of interest in the redeeming
corporation to which Sec.
197 is resolved, in a situation in which the redeemed shareholder was also a key employee of the redeeming
corporation, it would appear prudent to be able to demonstrate that the covenant not to compete was entered into on account of the shareholder-employee's termination of employment.
303 redemption are evident, in some cases the redeeming
corporation may be jeopardizing its financial position by redeeming
A taxpayer-wife did not have to recognize the gain realized when, pursuant to a divorce decree, a corporation redeemed her 50% interest and issued additional stock (equal to the same number of shares redeemed) to the other 50% owner, her ex-husband, even though the wife transferred the shares redeemed directly to the redeeming