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Business purpose requirement for spin-offs under section 355
Journal article   Open access

Business purpose requirement for spin-offs under section 355

Edward J. Birmingham
South Dakota Law Review, Vol.14(2), pp.250-265
Spring 1969

Abstract

Corporations
This article deals with the subject of tax-free spin-offs in the context of family and other closely held corporations. The discussion is divided into two main sections. The first consists of a brief review of the nature of corporate divisions and the statutory scheme for their tax treatment under the Internal Revenue Code of 1954. The second section is a more detailed examination of judicial limitations on these transactions, especially the business purpose rule.
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