Question: The IRS Code section 351 addresses property issues in a corporation. According to this section, transfer to a corporation is controlled by the transferor. The
The IRS Code section 351 addresses property issues in a corporation. According to this section, transfer to a corporation is controlled by the transferor. The transferee corporation takes a basis in the property equal to that of the transferor/shareholder, who, in turn, takes an equal basis in the stock received in exchange.
- Discuss whether this transaction can provide opportunities for the duplication of losses. Why or why not? Support your response.
- If the transferee corporation were to declare bankruptcy, would section 351 still apply? Why or why not? Justify your answer.
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